Georgia-Pacific’s ‘Texas two-step’ pits state AGs against U.S. Chamber

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Georgia-Pacific’s ‘Texas two-step’ pits state AGs against U.S. Chamber
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A pitch by asbestos plaintiffs for reconsideration of an appellate ruling that allows Georgia-Pacific to pause their lawsuits through a controversial corporate restructuring has now pitted the U.S. Chamber of Commerce against 20 states and the District of Columbia.

for bankruptcy protection, arguing that it now has obtained the requisite support from talc claimants.) J&J maintains its talc products are safe.attempted a similar strategy to shield the parent company from more than 100,000 lawsuits by veterans who claim hearing loss from earplugs originally sold by a 3M subsidiary. A bankruptcy judge refused to stay the lawsuits against 3M, then, in June,of the subsidiary, Aearo.

Plaintiffs who have challenged these restructurings have raised slightly different arguments, which only adds to the difficulty of understanding these complex issues at the intersection of bankruptcy law and civil procedure. In the 4th Circuit litigation over the Georgia-Pacific spinoff, Bestwall, a committee of asbestos claimants and the representative for future asbestos plaintiffs argued that their claims against the non-bankrupt successor company were not related to the Bestwall bankruptcy.

The 4th Circuit majority rejected both arguments. The court found that lawsuits against new Georgia-Pacific are related to the Bestwall bankruptcy because of indemnity and funding agreements between the companies. It also said that old Georgia-Pacific did not improperly manufacture jurisdiction by splitting into two companies and sending the one bearing asbestos liability into bankruptcy.

Georgia-Pacific has said it stopped producing products containing asbestos back in the 1970s. It argues that through Bestwall's bankruptcy, it can establish a trust to pay valid claims in a timely manner.

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