Cont'l Cas. Co. v. Carr (In Re W.R. Grace & Co.)
Court of Appeals for the Third Circuit
1Opinion of the CourtAmbro, Circuit Judge
Mass-tort liability of entities with asbestos operations typically results in their filing for bankruptcy protection. The Bankruptcy Code allows a court to supplement a confirmed plan of reorganization by entering an injunction that channels this liability to a trust set up to compensate persons injured by the debtor's asbestos.
In certain circumstances, channeling injunctions can also protect the interests of non-debtors, such as insurers. The question we answer is whether the claims of plaintiffs in litigation begun in Montana (the "Montana Plaintiffs" or simply "Plaintiffs") fit a…
2Cases cited21 opinions
- In Re Pacor, Inc. v. John Higgins, Jr. And Louise HigginsCourt of Appeals for the Third Circuit · 1984
- Dodds v. RichardsonCourt of Appeals for the Tenth Circuit · 2010
- Things Remembered, Inc. v. PetrarcaSupreme Court of the United States · 1995
- Travelers Indemnity Co. v. BaileySupreme Court of the United States · 2009
- In Re: Combustion Engineering, Inc. First State Insurance Company Hartford Accident and Indemnity CompanyCourt of Appeals for the First Circuit · 2004
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