A pair of asbestos claimants in the bankruptcy of a US-based subsidiary of France’s Compagnie de Saint-Gobain argued to the US Court of Appeals for the Fourth Circuit that a litigation pause should be lifted to let them pursue their claims.
The US Bankruptcy Court for the Western District of North Carolina abused its discretion by refusing to decide whether DBMP LLC’s Chapter 11 was filed in bad faith when it rejected the claimants’ request to continue their litigation in lower courts, claimants’ attorney Jonathan Ruckdeschel of Ruckdeschel Law Firm LLC said during Wednesday oral arguments.
A bad faith finding ...