Legal Opinion
In Re Federal-Mogul Global Inc.
Court of Appeals for the Third Circuit
Decided May 1, 2012No. 09-2230, 09-2231PublishedCited by 50 opinions
1Opinion of the Court
OPINION OF THE COURT
SCIRICA, Circuit Judge.
Federal-Mogul Global and its affiliates filed for Chapter 11 bankruptcy and sought to resolve asbestos-related liability through the creation of a personal-injury trust under 11 U.S.C. § 524(g). 1 As part of its reorganization plan, it sought to transfer rights under insurance liability policies to the trust. Appellants Insurers 2 had provided liability policies to the debtors prior to bankruptcy and objected that the transfer violated the policies’ anti-assignment provisions. Federal-Mogul contended that 11 U.S.C. § 1123(a)(5)(B) preempts those…
2Cases cited67 opinions
- Burlington Northern & Santa Fe Railway Co. v. WhiteSupreme Court of the United States · 2006
- Amchem Products, Inc. v. WindsorSupreme Court of the United States · 1997
- Russello v. United StatesSupreme Court of the United States · 1983
- Rice v. Santa Fe Elevator Corp.Supreme Court of the United States · 1947
- Cipollone v. Liggett Group, Inc.Supreme Court of the United States · 1992
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3Cited by50 opinions
- In re W.R. Grace & Co.District Court, D. Delaware · 2012
- In Re American Capital Equipment, LLCCourt of Appeals for the Third Circuit · 2012
- In Re W.R. Grace & Co.Court of Appeals for the Third Circuit · 2013
- In Re Fosamax (Alendronate Sodium) Products Liability LitigationCourt of Appeals for the Third Circuit · 2017
- In re Tribune Co.United States Bankruptcy Court, D. Delaware · 2012
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