Legal Opinion

In Re W.R. Grace & Co.

United States Bankruptcy Court, D. Delaware

Decided April 14, 2009No. 17-12500PublishedCited by 13 opinions

1Opinion of the Court

MEMORANDUM OPINION 1

JUDITH K. FITZGERALD, Bankruptcy Judge.

The matter before the court is Debtors’ Motion and Memorandum for an Order Pursuant to F.R.B.P. 7056 Disallowing and Expunging Eighty-Eight Time-Barred Canadian Asbestos Property Damage Claims, docketed as a Motion for Summary Judgment. 2 Since the filing of the motion, the eighty-eight claims have been reduced to thirty-five due to withdrawal, expungement, or settlement of claims. Debtors assert that these remaining thirty-five claims are time-barred by the applicable Canadian ultimate limitations periods, 3 similar to American…

2Cases cited5 opinions

  1. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  2. Lexington Insurance Company v. Western Pennsylvania HospitalCourt of Appeals for the Third Circuit · 2005
  3. Farmer v. Monsanto Corp.Supreme Court of South Carolina · 2003
  4. State v. ShumpertSupreme Court of South Carolina · 1869
  5. Reister v. HemphillSupreme Court of South Carolina · 1871

3Cited by13 opinions

  1. Carickhoff v. GoodwinUnited States Bankruptcy Court, D. Delaware · 2020
  2. Decade, S.A.C., LLCUnited States Bankruptcy Court, D. Delaware · 2020
  3. FBI Wind Down, Inc.United States Bankruptcy Court, D. Delaware · 2020
  4. FBI Wind Down, Inc. Liquidating Trust, by and thro v. Careers USA, Inc.United States Bankruptcy Court, D. Delaware · 2020
  5. Farnan, Jr. v. Entact LLCUnited States Bankruptcy Court, D. Delaware · 2020

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