Documents Disclosure and Usage in Local Courts Anne D Harman Dinsmore amp Shohl LLP Wheeling amp Pittsburgh Update Increased StateLocal Court awareness Judges familiar with issues Judges addressing in ID: 618687
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Slide1
An Update on Bankruptcy TrustDocuments: Disclosure and Usage in Local Courts
Anne D. Harman, Dinsmore & Shohl, LLP, Wheeling & PittsburghSlide2
UpdateIncreased State/Local Court awareness
Judges familiar with issues
Judges addressing in
CMO’s
Judge Peggy L.
Ableman
, formerly of Delaware
Sup’r
Court asbestos docket “The
Garlock
Decision Should Be Required Reading”
Amer
Jrnl
of
Trl
Advoc
.
Growing trend requiring full disclosure of claims
Enforcement mechanism lacking
At trial, what to do with the informationSlide3
WEST VIRGINIA
“As to any claims
already asserted
against asbestos trusts, the claimant
shall produce
final executed proofs of claim together with
any
supporting materials
used to support such claim against the asbestos trusts, all trust claims and claims material, and all documents or information relevant or related to such claims asserted against the asbestos trusts….work histories, depositions, and the testimony of the claimant and others as well as medical documentation.”
Very broad—
but
no requirement to file a claimSlide4
PENNSYLVANIA
Philadelphia County
:
“180 Days prior to jury selection—Plaintiffs
shall
serve answers to Defendants’ Master Interrogatories and Requests for Production Directed to Plaintiffs,
including information relating to Bankruptcy Trust Filings”.
Allegheny County
: new judge, Michael
Marmo
, looking at
CMO
but nothing yet required
Fair Share Act basis urged by defendantsSlide5
LOS ANGELES
Dispute and awaiting Judge Elias’ decision on disclosures: Defense argues other states--and even CA courts--progressive steps in requiring filing and disclosure both via courts and legislation
Plaintiffs argue privilege, work product and their “bankruptcy claim strategy” is not discoverable
Slide6
SAN FRANCISCO
Judge Terry Jackson 4/14 Order:Slide7
Alameda County, CA “Plaintiffs shall provide
to defendants and Designated Defense Counsel copies of claims previously made to bankruptcy trusts by
date
, and shall provide copies of claims made up to and through trial when filed.”Slide8
NYCAL1996 revision to CMO
required plaintiffs disclose & provide documents where plaintiffs have sought compensation
2003 required plaintiff file
POC
upon designation of case in trial cluster
2011 maintains both above
2012 Justice
Heitler
essentially confirms Slide9
MASSACHUSETTS2012 CMO
provides:
“Plaintiff will produce the product exposure section of bankruptcy claim forms…”
“Plaintiff will serve a certification …that all known bankruptcy claims have been filed.”Slide10
TEXASTexas
MDL
/Harris Co. (2007)
3d
Amended
CMO
requires:
As to any claim or settlement made or anticipated to be made with any entity or trust (including but not limited to claims made in conjunction with a bankruptcy proceeding…) plaintiff shall identify identity of entity, amount paid in comp, date claim made and status, copies of claim supporting materials for exposures.Slide11
LegislationOklahoma—2013 enacted Personal Injury Trust Fund Transparency Act
Wisconsin-3/14 enacted disclosure AND setoff legislation
Ohio—
H.B.
380; file trust claims timely, disclose them, setoffs are possible
Cuyahoga and Summit County
CMO’s
had already requiredSlide12Slide13Slide14Slide15Slide16
Questions?Anne D. Harman, Esq.
Partner
2100 Market St.
Bennett Square
Wheeling, WV 26003
304-230-1634
Anne.Harman@Dinsmore.com