Legal Opinion

Findley v. Blinken

District Court, E.D. New York

Decided August 12, 1993No. Bankruptcy Nos. 82 B 11656(BRL) through 82 B 11676; No. CV 90-3973PublishedCited by 24 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

WEINSTEIN, Senior District Judge, and BURTON R. LIFLAND, Chief Bankruptcy Judge.

The Manville Personal Injury Settlement Trust (the Trust), created to distribute funds to those injured by the asbestos-containing products of the former Johns-Manville corporation, is a limited fund. By any reasonable calculation, its former, current and projected assets will be far exceeded by the full value of past, present and future asbestos claims.

In order to determine the fairness of any settlement purporting to distribute this limited fund equitably and to exercise informed oversight of…

2Cases cited14 opinions

  1. Donna Reilly, Etc. v. United StatesCourt of Appeals for the First Circuit · 1988
  2. Rios v. Enterprise Ass'n Steamfitters, Local No. 638Supreme Court of the United States · 1977
  3. Kane v. Johns-Manville Corp. (In re Johns-Manville Corp.)Court of Appeals for the Second Circuit · 1988
  4. Matter of Johns-Manville Corp.United States Bankruptcy Court, S.D. New York · 1986
  5. In Re Joint Eastern and Southern District Asbestos Litigation. In Re Johns-Manville Corporation, Debtor. Bernadine K. Findley, as of the Estate of Hillard Findley, Putative Class Members Owens-Corning Fiberglass Corporation v. Donald M. Blinken, Manville Personal Injury Settlement Trust, in Re Bernadine K. Findley, as of the Estate of Hillard Findley, and Donald M. Blinken, Bernadine K. Findley, as of the Estate of Hillard Findley, and Donald M. Blinken v. Leslie Gordon Fagen, as Legal Representative of FutureCourt of Appeals for the Second Circuit · 1992

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3Cited by24 opinions

  1. In Re Joint E. & S. Dists. Asbestos LitigationDistrict Court, S.D. New York · 1993
  2. (PC) Davis v. HarrisDistrict Court, E.D. California · 2023
  3. (PC) Drake v. KernanDistrict Court, E.D. California · 2023
  4. (PC) Driver v. Kern County Superior CourtDistrict Court, E.D. California · 2022
  5. (PC) Hernandez v. OgboehiDistrict Court, E.D. California · 2023

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