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An Update on Bankruptcy Trust An Update on Bankruptcy Trust

An Update on Bankruptcy Trust - PowerPoint Presentation

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An Update on Bankruptcy Trust - PPT Presentation

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

claim claims plaintiffs bankruptcy claims claim bankruptcy plaintiffs required trust plaintiff county asbestos cmo disclosure amp harman judge anne provide courts legislation

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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 requiredSlide12
Slide13
Slide14
Slide15
Slide16

Questions?Anne D. Harman, Esq.

Partner

2100 Market St.

Bennett Square

Wheeling, WV 26003

304-230-1634

Anne.Harman@Dinsmore.com