Legal Opinion · Dissent
Mandelbrot v. J.T. Thorpe Settlement Trust (In Re J.T. Thorpe, Inc.)
Court of Appeals for the Ninth Circuit
Decided September 14, 2017No. 15-56430Published
1DissentKorman, District Judge
In order to manage a nationwide glut of asbestos claims against bankrupt entities, Congress has authorized the creation of special asbestos bankruptcy trusts to pay settlements while balancing the interests of present and future claimants. After an extensive investigation, two asbestos trusts, each supervised by the Bankruptcy Court for the Central District of California—the J.T. Thorpe Settlement Trust and the Thorpe Insulation Company Asbestos Settlement Trust (the “Thorpe Trusts”)— accused appellant Michael Mandelbrot, a California lawyer, of “engaging] in a pattern and practice of filing…
2Cases cited46 opinions
- Kokkonen v. Guardian Life Insurance Co. of AmericaSupreme Court of the United States · 1994
- Kamen v. Kemper Financial Services, Inc.Supreme Court of the United States · 1991
- Texas Industries, Inc. v. Radcliff Materials, Inc.Supreme Court of the United States · 1981
- Kalb v. FeuersteinSupreme Court of the United States · 1940
- 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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