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This Wall Won’t Hold: Preventing Foreign Claims on Asbestos Trusts

This Wall Won’t Hold: Preventing Foreign Claims on Asbestos Trusts

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,…

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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…

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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…

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Spurned Juror Loses in Court, But His Efforts Lead to New D.C. Court Rule

October 26, 2011

Spurned Juror Loses in Court, But His Efforts Lead to New D.C. Court Rule

By: Ifrah Law

A former juror in Washington, D.C., recently lost a District Court ruling stemming from his dismissal from a grand jury panel in 2001, but his case appears to have brought about needed change in the jury system there. Peter Atherton, a nuclear engineer, was scheduled to serve on the grand jury for 25 days, beginning April 9, 2001. Concerned that his fellow jurors were voting…

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Ninth Circuit Upholds Dramatic Upward Departure in Fraud Case

October 24, 2011

Ninth Circuit Upholds Dramatic Upward Departure in Fraud Case

By: Ifrah Law

Last month, the U.S. Court of Appeals for the Ninth Circuit upheld a very large upward departure by a U.S. District Judge in Nevada of more than 17 years above the recommended range under the Sentencing Guidelines, based on conduct that the defendant was never convicted of or even charged with.  In this highly unusual case, David Kent Fitch was convicted by a jury of…

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Five Years Later, Skilling’s Sentence Is Still Up in the Air

October 17, 2011

Five Years Later, Skilling’s Sentence Is Still Up in the Air

By: Ifrah Law

On Sunday, October 16, 2011, an op-ed article by founding partner Jeff Ifrah and associate Jeff Hamlin appeared in the Houston Chronicle. The article discusses the upcoming resentencing of former Enron CEO Jeffrey Skilling and the fact that it is now close to the fifth anniversary of his conviction. The following is the full text of the article:   Five years later, Skilling’s sentence is…

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Judge Awards $1.7 Million to Defendant in EPA Malicious Prosecution Case

October 12, 2011

Judge Awards $1.7 Million to Defendant in EPA Malicious Prosecution Case

By: Ifrah Law

On September 30, 2011, the U.S. District Court for the Western District of Louisiana ordered the United States to pay $1.7 million in a malicious prosecution lawsuit to Hubert Vidrine, based on findings that the U.S. government had maliciously prosecuted Vidrine for alleged environmental crimes. This is a rare ruling by a federal court requiring the government to pay money damages for the overzealous actions…

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District Judge Orders Much-Reduced Sentence in Fraud Case

October 10, 2011

District Judge Orders Much-Reduced Sentence in Fraud Case

By: Ifrah Law

A federal judge has made a major reversal in the case of Steve Warshak, the Berkeley Premium Nutraceuticals founder who was sentenced to 25 years for defrauding customers who bought his “male enhancement” pills, which were advertised in the notorious “Smiling Bob” ad campaign. We have discussed Warshak’s case in a previous blog post. Warshak had been accused of defrauding customers out of $400 million,…

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Articles and Presentations by Our Firm Attorneys

This Wall Won’t Hold: Preventing Foreign Claims on Asbestos Trusts

This Wall Won’t Hold: Preventing Foreign Claims on Asbestos Trusts
By: George Calhoun

The Referral was the Easy Part – Where does Gabbard’s Evidence Lead DOJ?

The Referral was the Easy Part – Where does Gabbard’s Evidence Lead DOJ?
By: James Trusty

Baltimoronic Investigation

Baltimoronic Investigation
By: James Trusty

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