Asbestos Suits Not Barred By Ch. 11 Plan, 3rd Circ. Told

Law360 (March 6, 2018, 6:28 PM EST) -- The victims of asbestos-related ailments stemming from a Montana mine operated by bankrupt W.R. Grace told the Third Circuit Tuesday that its claims against the chemical maker's insurers aren't barred by its Chapter 11 plan, because they stem solely from the insurers' alleged misconduct.

During oral arguments before a three-judge appeals panel sitting in Philadelphia, Jeremy B. Carr and 26 others harmed by asbestos sought to overturn a Delaware bankruptcy judge's decision that their lawsuit, which alleges Continental Casualty Co. and Transportation Insurance Co. failed to warn them of the dangers posed by a Libby, Montana, vermiculite mine, is precluded by...

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