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This Wall Won’t Hold: Preventing Foreign Claims on Asbestos Trusts
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August 25, 2025
This Wall Won’t Hold: Preventing Foreign Claims on Asbestos Trusts
By: George Calhoun
Bankruptcy continues as a favored vehicle for the resolution of mass-tort claims, particularly asbestos-based claims. In two recent cases in Delaware, an often-overlooked issue has raised a red flag concerning the fairness of the trusts proposed in many of these cases. The plan proponents in those cases proposed asbestos trusts that provided that foreign claimants were not eligible for payment. It is a foundational principle of U.S. bankruptcy law, however, that the bankruptcy courts do not discriminate against claimants based on the origin of their claims. The motivation behind these exclusions appears to be a claimant-driven desire to limit competition, but that motivation is incompatible with the Bankruptcy Code. The result has been, at least in the Imerys talc bankruptcy,…
The Referral was the Easy Part – Where does Gabbard’s Evidence Lead DOJ?
July 29, 2025
The Referral was the Easy Part – Where does Gabbard’s Evidence Lead DOJ?
By: James Trusty
Americans are used to a considerable level of dirty tricks when it comes to politics. Occasionally, however, a legal line is crossed and a high-level official is either chased out of office, subjected to a criminal prosecution, or both. Ask Richard Nixon, Marvin Mandel, and Bob Menendez. Despite the predictable proclamation from prominent democrats that DNI Director Tulsi Gabbard’s referral is “old news” and “politically…
Baltimoronic Investigation
July 8, 2025
Baltimoronic Investigation
By: James Trusty
June 24, 2025, may mark the day that the criminal justice system for Baltimore, Maryland finally established its lunacy. If the allegations are correct, an employee of Pretrial Services committed what Maryland officials view as a cardinal sin—he or she let ICE know that there was an illegal alien coming to the office. Armed with that information, ICE showed up at the courthouse, was allowed…
Speed Bump or Dead End? The 2018 Retrial Prospects for Sen. Menendez
January 8, 2018
Speed Bump or Dead End? The 2018 Retrial Prospects for Sen. Menendez
By: James Trusty
This holiday season was undoubtedly festive for Senator Bob Menendez, whose corruption trial ended with a deadlocked jury in mid-November. The Department of Justice (DOJ) has yet to announce whether it will elect to re-try the New Jersey senator, but here are some of the factors they will, and will not, consider in making that decision: The Split In many jury deadlock situations, the judge,…
The Territorial Tax System Under the Tax Cuts and Jobs Act
January 5, 2018
The Territorial Tax System Under the Tax Cuts and Jobs Act
By: Jeffrey Hamlin
Last year, the Senate and House approved the Tax Cuts and Jobs Act along partisan lines; on December 21st, President Trump signed the bill into law. Nearly 1100 pages long, the Act makes a number of sweeping changes to the U.S. tax code. Among other things, the bill reduces individual income tax rates, nearly doubles the standard deduction, eliminates the personal exemption, and caps deductions…
Marijuana May Be Headed for a Showdown Out West
January 4, 2018
Marijuana May Be Headed for a Showdown Out West
By: Steven Eichorn
Today, Attorney General Jeff Sessions issued a one-page memo to all U.S. Attorneys that announced a sharp reversal on the DOJ’s approach to marijuana prosecutions. Under the Obama administration, the DOJ issued a memorandum in 2013 (the “Cole memo”) that basically provided a safe harbor to the marijuana industry in states that legalized recreational marijuana. The Cole memo allowed the recreational marijuana industry to thrive…
Mental Gymnastics: Silenced Voices of Victims in the Sexual Assault Case by USA Gymnastics Team Physician
December 11, 2017
Mental Gymnastics: Silenced Voices of Victims in the Sexual Assault Case by USA Gymnastics Team Physician
By: James Trusty
The high-profile prosecution of the disgraced physician who treated U.S. Olympic gymnasts ended with a stern sentence but a lingering mystery regarding victim rights. U.S. District Court Judge Janet Neff, serving in the Western District of Michigan, sentenced Larry Nassar to 60 years in prison for his possession of child pornography, as well as some related charges. Nassar had been the team physician for USA…
Did the Paradise Papers and Panama Papers Play a Role in the GOP Tax Plan?
December 5, 2017
Did the Paradise Papers and Panama Papers Play a Role in the GOP Tax Plan?
By: Jeffrey Hamlin
Congress is poised to deliver on tax reform this year. As part of the package, both houses are seeking to encourage the repatriation of trillions of dollars that corporations and wealthy individuals have been stockpiling offshore. For decades, corporations and wealthy individuals have been able to avoid taxes legally by transferring assets to tax-friendly jurisdictions like Bermuda, the Cayman Islands, and Panama. Only when the…
