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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…
ABA Updates Guidance on Witness Prep
December 29, 2023
ABA Updates Guidance on Witness Prep
By: George Calhoun
Witness preparation is often a key part of preparing for trial. Counsel often engages in mock examinations and practice sessions to help a witness prepare for trial. Such preparation, however, runs the risk of making the witness sound insincere and coached. Sometimes, it may veer all the way into improper coaching of a witness. This system of witness preparation is relatively unique to the United…
No Need for Speed
December 14, 2023
No Need for Speed
By: James Trusty
In most U.S. District Courts, the trial date for a defendant who is not incarcerated is typically many months—and often easily over a year—from the time of his or her initial appearance after indictment. Many trials are resolved by plea agreements without ever having set a “real” trial date. There is lip service to the constitutional notion of a Speedy Trial, and the easily avoidable…
Human Trafficking Blindspot
November 27, 2023
Human Trafficking Blindspot
By: James Trusty
For many years now, state and federal prosecutors have become increasingly aware of the insidious nature of sexual and labor trafficking. Victimization is cultivated by strong, threatening, and cunning traffickers. Gangs have increasingly turned to sex trafficking as a source of illicit income with low visibility—a trade that does not “bring the heat” to the criminal enterprise in the same way that drug trafficking and…
Equal Justice as Another Casualty of War
November 9, 2023
Equal Justice as Another Casualty of War
By: James Trusty
While many Americans properly focus on the carnage and chaos of two wars, there is also a more subtle war being waged by progressive mayors—and others in high positions—on fundamentally important notions like Rule of Law and Equal Justice. Last weekend over 100,000 protesters descended upon Washington, D.C. to chant and vandalize as a bewildering show of support for Hamas, an entity that demonstrates its…
Reading the Plea Leaves
October 25, 2023
Reading the Plea Leaves
By: James Trusty
Are guilty pleas in Fulton County confirming the righteousness of Fani Willis’ RICO prosecution or do they reflect an inherent frailty of the case, even in a venue where jurors largely can be expected to instinctively support a prosecution of high-profile Republicans? A close look at the recent plea agreements suggests that prosecutorial victory laps are premature. While the indictment itself has joined the ranks…
