In Re Grossman's And Asbestos-Related Future Claims

Law360, New York (June 24, 2010, 6:39 PM EDT) -- In an en banc decision filed on June 2, 2010, the U.S. Court of Appeals for the Third Circuit held that a "claim," as that term is defined by the Bankruptcy Code, "arises when an individual is exposed pre-petition to a product or other conduct giving rise to an injury, which underlies a 'right to payment' under the Bankruptcy Code." In re Grossman's Inc., 2010 WL 2131291, Slip. Op., at 18 (3d Cir. June 2, 2010) (citing 11 U.S.C. ยง 101(5)).

In so holding, the court...
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