No. 22-1079

Truck Insurance Exchange v. Kaiser Gypsum Company, Inc., et al.

Lower Court: Fourth Circuit
Docketed: 2023-05-05
Status: Judgment Issued
Type: Paid
Amici (8)Response RequestedRelisted (3) Experienced Counsel
Tags: asbestos-claims bankruptcy bankruptcy-code chapter-11 claims-objection fraud-prevention insurance-neutrality insurer-standing party-in-interest
Key Terms:
JusticiabilityDoctri
Latest Conference: 2023-10-13 (distributed 3 times)
Question Presented (AI Summary)

Whether an insurer with financial responsibility for a bankruptcy claim is a 'party in interest' that may object to a Chapter 11 plan of reorganization

Question Presented (OCR Extract)

QUESTION PRESENTED Asbestos claims in state court have been plagued by rampant fraud, with claimants seeking inflated recoveries against some asbestos defendants by suppressing evidence of claims against other asbestos defendants. For nearly a decade, bankruptcy courts have sought to protect debtors and their insurers by requiring fraud-prevention measures—like ensuring access to claims information—before channeling the asbestos claims against the debtor to a trust. See 11 U.S.C. § 524(g). In this case, a Chapter 11 debtor colluded with representatives for asbestos claimants to propose and confirm a plan that includes these fraud-prevention measures only for uninsured asbestos claims—not insured asbestos claims. Petitioner is the insurer who bears the financial burden of those 14,000 insured claims. The Bankruptcy Code’s plain text empowers any “party in interest” to “raise” and “be heard on any issue” in a Chapter 11 proceeding. 11 U.S.C. § 1109(b). But the court of appeals refused to adjudicate petitioner’s objections to the fraud and collusion, relying on judge-made limitations engrafted onto the Code. The question presented is: Whether an insurer with financial responsibility for a bankruptcy claim is a “party in interest” that may object to a Chapter 11 plan of reorganization.

Docket Entries

2024-07-08
Judgment Issued.
2024-06-06
Judgment REVERSED and case REMANDED. Sotomayor, J., delivered the <a href = 'https://www.supremecourt.gov/opinions/23pdf/22-1079new_6536.pdf'>opinion</a> of the Court, in which all other Members joined, except Alito, J., who took no part in the consideration or decision of the case.
2024-03-19
Letter from the Solicitor General filed.
2024-03-19
Argued. For petitioner: Allyson N. Ho, Dallas, Tex.; and Anthony A. Yang, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For debtor respondents: C. Kevin Marshall, Washington, D. C. For claimant respondents: David C. Frederick, Washington, D. C.
2024-02-23
2024-02-20
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. Justice Alito took no part in the consideration or decision of this motion.
2024-02-20
Motion for divided argument filed by respondents GRANTED. Justice Alito took no part in the consideration or decision of this motion.
2024-02-14
CIRCULATED
2024-02-01
Record received from the United States Court of Appeals for the Fourth Circuit. The record is electronic and is available on PACER.
2024-01-31
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
2024-01-31
2024-01-31
2024-01-31
Brief amici curiae of Co-Chairs of The American Bankruptcy Institutes, et al. filed.
2024-01-31
2024-01-30
Motion for divided argument filed by respondents.
2024-01-29
Record requested from the United States Court of Appeals for the Fourth Circuit.
2024-01-29
SET FOR ARGUMENT on Tuesday, March 19, 2024.
2024-01-24
Brief of respondents Official Committee of Asbestos Personal Injury Claimants, et al. filed.
2024-01-24
2024-01-09
Motion to further extend the time to file respondents' brief on the merits granted and the time is extended to and including January 24, 2024.
2024-01-02
Motion for a further extension of time to file respondents' brief on the merits filed.
2023-12-14
Brief amicus curiae of United States filed.
2023-12-14
Brief amici curiae of American Property Casualty Insurance Association, et al. filed.
2023-12-13
2023-12-07
Joint appendix (volumes I and II) filed. (Statement of costs filed)
2023-12-07
2023-11-20
Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including December 7, 2023. The time to file respondents' brief on the merits is extended to and including January 17, 2024.
2023-11-16
Motion for an extension of time to file the briefs on the merits filed by petitioner.
2023-10-13
Petition GRANTED. Justice Alito took no part in the consideration or decision of this petition.
2023-10-10
DISTRIBUTED for Conference of 10/13/2023.
2023-09-20
DISTRIBUTED for Conference of 10/6/2023.
2023-09-19
2023-09-05
Brief of respondent Official Committee of Asbestos Personal Injury Claimants in opposition filed.
2023-09-05
Brief of respondents Kaiser Gypsum Company, Inc., et al. in opposition filed.
2023-07-19
Motion to extend the time to file a response is granted and the time is extended to and including September 5, 2023, for all respondents.
2023-07-18
Motion to extend the time to file a response from August 7, 2023 to September 5, 2023, submitted to The Clerk.
2023-07-07
Response Requested. (Due August 7, 2023)
2023-06-21
DISTRIBUTED for Conference of 9/26/2023.
2023-06-05
2023-05-03

Attorneys

American Association for Justice
Robert S. PeckCenter for Constitutional Litigation, PC, Amicus
American Property Casualty Insurance Association and Complex Insurance Claims Litigation Association
Laura Anne FogganCrowell & Moring LLP, Amicus
Anthony J. Casey, et al.
Caroline Cook LindsayHilgers Graben PLLC, Amicus
Bankruptcy Experts
Jonathan S. MasseyMassey & Gail LLP, Amicus
Co-Chairs of The American Bankruptcy Institutes’ Commission to Study the Reform of Chapter 11
Robert James KeachBernstein Shur Sawyer & Nelson, P.A., Amicus
Future Claimants' Representative
Edwin John HarronYoung Conaway Stargatt & Taylor, LLP, Respondent
James Leeland Patton Jr.Young Conaway Stargatt & Taylor LLP, Respondent
Kaiser Gypsum Company, Inc. and Hanson Permanente Cement, Inc.
Charles Kevin MarshallJones Day, Respondent
Lehigh Hanson
Mark A. NebrigMoore & Allen PLLC, Respondent
Official Committee of Asbestos Personal Injury Claimants
David C. FrederickKellogg, Hansen, Todd, Figel & Frederick, P.L.L.C., Respondent
Kevin C. MaclayCaplin and Drysdale, Chartered, Respondent
Truck Insurance Exchange
Allyson HoGibson, Dunn & Crutcher LLP, Petitioner
United Policyholders
Colin Emmet WrableyReed Smith LLP, Amicus
United States
Elizabeth B. PrelogarSolicitor General, Amicus