Cardozo Law Review
Abstract
In January 2014, U.S. Bankruptcy Judge George Hodges, presiding over the asbestos-related bankruptcy of Garlock Sealing Technologies, LLC, a manufacturer of gaskets containing asbestos, issued an order estimating Garlock's liability for pending and future mesothelioma cases. Judge Hodges, after hearing evidence discovered by Garlock in a sampling of settled cases, rejected using the usual bankruptcy court recourse to the debtor's historic settlement values as a valid basis for estimating Garlock's total future liability for asbestos-related injuries. He found that Garlock's prior mesothelioma settlements were not a reliable predictor of Garlock's liability because those settlements had been infected by misrepresentations by the plaintiffs' counsel and plaintiffs.
Disciplines
Bankruptcy Law | Courts | Criminal Law | Criminal Procedure | Law | Legal History | Legal Profession | Medical Jurisprudence | Torts
Recommended Citation
Lester Brickman,
Civil RICO: An Effective Deterrent to Fraudulent Asbestos Litigation?,
40
Cardozo L. Rev.
2301
(2019).
Available at:
https://larc.cardozo.yu.edu/clr/vol40/iss5/7
Included in
Bankruptcy Law Commons, Courts Commons, Criminal Law Commons, Criminal Procedure Commons, Legal History Commons, Legal Profession Commons, Medical Jurisprudence Commons, Torts Commons