Reichel v. Dalkon Shield Trust (In Re A.H. Robins Co.)

Vacated and remanded by published opinion. Judge WIDENER wrote the opinion, in which Judge RUSSELL and Senior Judge CHAPMAN joined.

OPINION

WIDENER, Circuit Judge:

Certain Daikon Shield claimants appeal the district court’s order holding that Claims Resolution Facility (CRF) § G.2 does not create a presumption of causation in favor of the claimant, and that the rules governing alternative dispute resolution (ADR) promulgated by the Trust are consistent with the Debtor’s Sixth Amended and Restated Plan of Reorganization and related documents and are therefore enforceable. While we conclude that…