A Field Guide to Channelling Injunctions and Litigation Trusts
A discussion of negotiating and litigating channeling injunctions—powerful tools available in asbestos and mass-tort bankruptcies that can provide comprehensive solutions for debtors, tort claimants, and interested non-debtor companies. The article explains the ins-and-outs of how channeling injunctions work, who can benefit from them, and what factors a company might consider in weighing whether to participate in a channeling injunction.
July 13, 2018 at 03:40 PM
2 minute read
Takata
| case | product | protected non-debtor |
| Takata | air bag inflators | automakers |
| Blitz | gas cans | private equity investors, retailors, insurers |
| Delaco | diet pills | drug vendors, distributors, insurers |
| Dow Corning | breast implants | doctors, distributors, hospitals, and healthcare providers |
Blitz Delaco See In re Biltz U.S.A. In re The Delaco Co.
Pros and Cons of Plaintiffs and Defendants Participating in a Trust
Takata
What Kinds of Claims Can be Channeled?
See In re Combustion Eng'g, Inc. as amended See W.R. Grace & Co. v. Chakarian see also Pacor v. Higgins Takata See In re TK Holdings,
Getting The Trust Up and Running
In re Master Mortgage Investment Fund see also In re Zenith Electronics e.g. See In re Pittsburgh Corning Corp.
Final Thoughts
Gary Svirsky and Tancred Schiavoni are litigation partners in O'Melveny & Myers. Andrew Sorkin is counsel in the firm's restructuring practice and Gerard Savaresse is an associate in the litigation department.
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