Legal Opinion

Fireman's Fund Insurance v. Plant Insulation Co. (In re Plant Insulation Co.)

Court of Appeals for the Ninth Circuit

Decided October 28, 2013No. Nos. 12-17466, 12-17467PublishedCited by 20 opinions

1Opinion of the Court

OPINION

O’SCANNLAIN, Circuit Judge:

We must decide whether a bankruptcy plan, which allegedly leaves a group of insurers paying more than their fair share on a large number of asbestos personal injury claims, complies with the Bankruptcy Code.

I

A

Plant Insulation Co. (“Plant”) is a California corporation that was founded in 1937 and made a successful business selling Fiberboard-manufactured asbestos-based insulation through 1971. Beginning in the 1970s, there came a “flood of lawsuits” addressing asbestos-related diseases. See Amchem Prods., Inc. v. Windsor, 521 U.S. 591, 598, 117 S.Ct. 2231, 138…

2Cases cited18 opinions

  1. Amchem Products, Inc. v. WindsorSupreme Court of the United States · 1997
  2. Robinson v. Shell Oil Co.Supreme Court of the United States · 1997
  3. Stern v. MarshallSupreme Court of the United States · 2011
  4. Pepper v. LittonSupreme Court of the United States · 1939
  5. United States v. James C. DunkelCourt of Appeals for the Seventh Circuit · 1991

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3Cited by20 opinions

  1. Allen Miller v. C.H. Robinson Worldwide, Inc.Court of Appeals for the Ninth Circuit · 2020
  2. Institute of Imaginal Studies v. Christoff (In Re Christoff)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2015
  3. Cont'l Cas. Co. v. Carr (In Re W.R. Grace & Co.)Court of Appeals for the Third Circuit · 2018
  4. In re DickersonUnited States Bankruptcy Court, D. Idaho · 2014
  5. California Tow Truck Ass'n v. City & County of San FranciscoCourt of Appeals for the Ninth Circuit · 2015

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