In objections to a settlement of tort claims against the insurer of an asbestos manufacturer, the Court of Appeals’ order sustaining the objections is reversed where the terms of a prior injunction issued in bankruptcy proceedings regarding the manufacturer barred direct actions against Defendant, and the finality of the Bankruptcy Court’s orders generally stood in the way of challenging their enforceability.
Read the full decision in Travelers Indemn. Co. v. Bailey, No. 08-295.
See the case docket.
Appellate Information:
On writ of certiorari to the United States Court of Appeals for the Fifth Circuit.Filed on June 18, 2009
Judges:
Souter, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Kennedy, Thomas, Breyer, and Alito, JJ., joined.
Stevens, J., filed a dissenting opinion, in which Ginsburg, J., joined..
Counsel:
For Petitioner - Barry R. Ostrager, Simpson Thacher & Bartlett LLP, New York, NY.For Respondent - Jacob C. Cohn, Philadelphia, PA.
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