John M. Sweeney, et ux. v. Eastman Kodak Company
DueProcess FifthAmendment JusticiabilityDoctri
Is a products liability complaint subject to dismissal consistent with the Fifth Amendment's Due Process Clause?
QUESTION(S) PRESENTED 1. Is a products liability complaint subject to dismissal, pursuant to Rule 12(b)(6), Fed. R. Civ. P., consistent with the fifth amendment’s Due Process Clause, and this Court’s holding in Jones v. Brock, 549 U.S. 199 (2007), simply because it did not allege facts sufficient to overcome a potential defense of discharge in bankruptcy? 2. Canaclaim for a latent injury from exposure to a Chapter 11 bankruptcy debtor’s product be discharged in bankruptcy, consistent with the fifth amendment’s Due Process clause, when at the time the debtor’s claims bar date notices were published, and its bankruptcy plan confirmed, the claimant did not yet know the debtor’s product caused his injury? 3. Canaclaim for latent injury from exposure toa Chapter 11 bankruptcy debtor’s product be discharged in bankruptcy, consistent with the fifth amendment’s Due Process Clause, when the debtor’s published claims bar date notices fail to mention either the product that caused claimant’s injury, the debtor’s role in the manufacture of that product, or the debtor’s knowledge that the same product had caused numerous other individuals to suffer the same latent injury?