Judge Wolin Removed by Third Circuit
Citing a “perception in the mind of the reasonable person that his partiality could be questioned”, Judge Alfred M. Wolin was removed from three asbestos- related bankruptcies (Owens Corning, W.R. Grace and USG Corp.) by the U.S. Court of Appeals for the Third Circuit. The court will rule later on whether to remove Wolin from another case (Armstrong World Industries), leaving the judge with only Federal Mogul from the original five cases assigned to him in 2001 by the same Third Circuit. The 2-1 decision focused on Wolin’s appointment of advisors who also served as legal representatives of future claimants in a related asbestos case, and Wolin’s repeated ex parte contacts. The opinion was clear to point out that no actual bias was found, but the test for disqualification is not actual bias, but the perception of bias. Wolin’s removal raises many questions about how quickly the cases will now proceed once assigned to a new judge and increases scrutiny on other controversial aspects of mass tort bankruptcies. The Wall Street Journal editorialized on these developments on June 1, 2004. Read the article at www.wsj.com (subscription required). The full text of the Third Circuit opinion can be found here.

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