U.S. Court of Appeals for the Third Circuit, September 15, 2021
W.R. Grace & Co. (Grace) operated an asbestos mining and processing facility in Montana from 1963 to 1990. After declaring Chapter 11 bankruptcy, Grace emerged and reorganized. Its reorganization plan included the establishment of an asbestos personal-injury trust, through which all asbestos-related personal injury claims against Grace were to be enjoined and channeled. The question before the U.S. Court of Appeals for the Third Circuit panel involved the Grace insurers and whether they could …
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