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This Wall Won’t Hold: Preventing Foreign Claims on Asbestos Trusts
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August 25, 2025
This Wall Won’t Hold: Preventing Foreign Claims on Asbestos Trusts
By: George Calhoun
Bankruptcy continues as a favored vehicle for the resolution of mass-tort claims, particularly asbestos-based claims. In two recent cases in Delaware, an often-overlooked issue has raised a red flag concerning the fairness of the trusts proposed in many of these cases. The plan proponents in those cases proposed asbestos trusts that provided that foreign claimants were not eligible for payment. It is a foundational principle of U.S. bankruptcy law, however, that the bankruptcy courts do not discriminate against claimants based on the origin of their claims. The motivation behind these exclusions appears to be a claimant-driven desire to limit competition, but that motivation is incompatible with the Bankruptcy Code. The result has been, at least in the Imerys talc bankruptcy,…
The Referral was the Easy Part – Where does Gabbard’s Evidence Lead DOJ?
July 29, 2025
The Referral was the Easy Part – Where does Gabbard’s Evidence Lead DOJ?
By: James Trusty
Americans are used to a considerable level of dirty tricks when it comes to politics. Occasionally, however, a legal line is crossed and a high-level official is either chased out of office, subjected to a criminal prosecution, or both. Ask Richard Nixon, Marvin Mandel, and Bob Menendez. Despite the predictable proclamation from prominent democrats that DNI Director Tulsi Gabbard’s referral is “old news” and “politically…
Baltimoronic Investigation
July 8, 2025
Baltimoronic Investigation
By: James Trusty
June 24, 2025, may mark the day that the criminal justice system for Baltimore, Maryland finally established its lunacy. If the allegations are correct, an employee of Pretrial Services committed what Maryland officials view as a cardinal sin—he or she let ICE know that there was an illegal alien coming to the office. Armed with that information, ICE showed up at the courthouse, was allowed…
Laptops, Border Checks and The Fourth Amendment
May 11, 2015
Laptops, Border Checks and The Fourth Amendment
By: Ifrah Law
Photo: “LAX-International-checkin” by TimBray at en.wikipedia. Developments in law are sluggish compared to the rapid rate of technological advancement, and courts must constantly apply old legal principles to technologies which were not contemplated at the time the laws were enacted. Recently, technology has been at the forefront of privacy rights debates, in light of revelations that the government has access to online communications, personal…
Fifth Circuit Rules Only a Seaman Can Commit Seaman’s Manslaughter
March 26, 2015
Fifth Circuit Rules Only a Seaman Can Commit Seaman’s Manslaughter
By: Ifrah Law
A recent decision of the U.S. Court of Appeals for the Fifth Circuit Court serves as a good reminder that criminal statutes say only what they say, and that it is up to the legislature to revise statutes to expand their scope if the legislature cares to do so. The opinion, United States v. Kaluza, arose from the April 20, 2010, blowout of oil, natural…
Your Mom and the Courts Agree: Naked Online Pix are Not OK
March 25, 2015
Your Mom and the Courts Agree: Naked Online Pix are Not OK
By: Ifrah Law
Since the 1990s and the rise of the Internet and social media, each one of us has become increasingly aware of the risks and dangers of unwanted posts and how fast a “discreet” image can go viral. The development and evolution of the Internet has brought with it a host of novel legal issues, from the worldwide threat of cyber bullying to disgruntled employee posts,…
Bureaucracy Unlimited
March 17, 2015
Bureaucracy Unlimited
By: Nicole Kardell
This article first appeared on FEE.org – you can access this version at https://fee.org/freeman/detail/bureaucracy-unlimited Big Gov and Big Biz. Are they holding hands, shaking hands, or boxing? It depends on the day and the issue. But while Big Biz hardly seems like a sympathetic character, Big Gov always has the upper hand. Remember Arthur Anderson? Perhaps not. It used to be the biggest accounting firm around….
What Expats Need to Know Now about their Taxes, FATCA and the IRS
March 9, 2015
What Expats Need to Know Now about their Taxes, FATCA and the IRS
By: Nicole Kardell
Are you an American abroad living in perpetual fear of the IRS? Do you wake up every morning wondering if today you’ll receive a formidable notice that the taxman cometh? You are not alone. Expats around the world are facing (and fearing) the painful reality that the IRS’s global tax enforcement effort is underway. While you may want to stick your head in the sand,…
