In Search of Asbestos Solutions: A Look at Lessons from the U.K.
by Frances Berger, Forensic Risk Alliance LLC; Toby Duthie, Forensic Risk Alliance LLC and Lorenzo Mendizabal, LM Consulting
During the last five years, the United States has experienced a rash of bankruptcy filings. Asbestos manufacturers, contractors, product manufacturers and others companies saddled with massive asbestos liabilities have looked to the bankruptcy courts as a last resort solution to address their mounting liabilities. The courts have flexed mightily to address the divergent needs of the asbestos defendants as evident by the various noticing, claim acceptance and balloting procedures approved in various cases to permit these cases to move. To date, however, obtaining finality and exiting the process continues to be frustratingly slow for debtors and the asbestos claimants and their representatives.
2005 Annual Spring Meeting: Managing Mass Torts Litigation in Chapter 11
Herding Cats and Other Problems
The Mass Torts Committee will present a two-part program at the 2005 ABI Annual Spring Meeting in Washington, D.C. The committee will address class actions in bankruptcy on Saturday, April 30, at the JW Marriott. The first part of the program will be offered on Saturday morning at 9:30 am; the second part will be offered at 11:15 am. Panelists will provide various perspectives on class actions, including those of debtor’s counsel (treatment of class actions in bankruptcy and resolution of such actions), plaintiff’s counsel (protecting your client pre-bankruptcy, representation of a client in bankruptcy), corporate counsel (what to expect as a corporate client, issues surrounding the decision to file) and a professor (legal pitfalls and issues surrounding resolution of mass tort claims in bankruptcy).