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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…
New House Bill May Open Door to Legal Online Poker
June 26, 2011
New House Bill May Open Door to Legal Online Poker
By: Ifrah Law
The momentum toward federal legalization of online poker took a significant step forward on Friday, June 24, when Rep. Joe Barton (R-Tex.) held a press conference to discuss the details of his legalization bill. The “Internet Gambling Prohibition, Poker Consumer Protection, and Strengthening UIGEA Act of 2011” would both legalize online poker and create a new federal agency to oversee its administration. Rep. Barton said…
Court of Appeals 9th Circuit to D.C. Circuit: We’ll See You in [The Supreme] Court
June 24, 2011
Court of Appeals 9th Circuit to D.C. Circuit: We’ll See You in [The Supreme] Court
By: Ifrah Law
Yesterday, the US Court of Appeals for the 9th Circuit cleared the way for the extortion case against Former Rep. Rick Renzi (R-Ariz.) to proceed to trial. In the process, they flatly disagreed with a 2007 ruling by the Court of Appeals for the D.C. Circuit on a US representative’s right to advance notice for search and seizure. Given this conflict between two appeals courts…
Good-Faith Rule Applies to Document Destruction
June 20, 2011
Good-Faith Rule Applies to Document Destruction
By: Ifrah Law
Big cases can turn on a little rule of evidence called spoliation. The rule recognizes that a trial court has the inherent authority to sanction a party for destroying, altering, or failing to preserve property that the opponent could have used as evidence. A recent decision in the Eastern District of Virginia serves as a reminder that a judge’s decision to award sanctions — and…
Disqualification of AUSA in Scruggs Case Is Message to Prosecutors
June 13, 2011
Disqualification of AUSA in Scruggs Case Is Message to Prosecutors
By: Ifrah Law
The botched prosecution of Senator Ted Stevens was a wake-up call of sorts for the U.S. Department of Justice that there would be severe consequences for prosecutors who did not comply with obligations under Brady and related cases. The Department took another hit recently when a federal judge removed an Assistant United States Attorney from the case against the son of disgraced anti-tobacco attorney Richard…
Perjury, Obstruction, and Barry Bonds’ Conviction
June 6, 2011
Perjury, Obstruction, and Barry Bonds’ Conviction
By: Ifrah Law
Last month, an article in the National Law Journal asked a question that has been on the minds of many: “Did Barry Bonds really obstruct justice?” In April a jury convicted baseball legend Barry Bonds on one count of obstruction of justice based on the testimony he provided before a federal grand jury investigating the use of illegal steroids in professional sports. The jury, however,…
