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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…
The Fate of an Iowa Butcher — Scapegoat or Cautionary Tale?
May 14, 2010
The Fate of an Iowa Butcher — Scapegoat or Cautionary Tale?
By: Ifrah Law
On June 22, 2010, Chief U.S. District Judge Linda Reade of the Northern District of Iowa will impose a sentence on Sholom Rubashkin, formerly the plant manager at Agriprocessors, Inc., the now-defunct Postville, Iowa, kosher slaughterhouse. The sentencing comes more than two years after a massive immigration raid that netted a total of 289 undocumented workers and led to Rubashkin’s arrest and conviction. Rubashkin originally…
Not so Fast Kentucky
November 2, 2009
Not so Fast Kentucky
By: Ifrah Law
When the Commonwealth of Kentucky petitioned the Franklin Circuit County Court to seize www.fulltiltpoker.com, Pocket Kings Limited, asked a U.K Chancery Court to injoin FTP’s registrar, Safenames Limited, from complying with the Kentucky trial court order. In an order dated October 22, 2009, the Chancery Court granted Pocket King’s request and declared that Safenames shall not comply with any present or future seizure order from the Commonwealth…
Kentucky Supreme Court Considers Poker
November 2, 2009
Kentucky Supreme Court Considers Poker
By: Ifrah Law
On October 22, 2009, the Supreme Court of Kentucky heard oral arguments in the above referenced case. The case originated when the Commonwealth of Kentucky filed civil seizure and forfeiture proceedings against 141 domain names – virtually all of which offered or involved internet gaming. The Commonwealth contended that domain names constitute gambling devices under state law and as such were subject to seizure under…
