ABI quotes Brubaker on asbestos case

Bankruptcy Judge David S. Jones of New York ruled recently on a chapter 11 plan from cosmetics company Revlon regarding asbestos claims arising from products containing talc. In his ruling, Judge Jones noted that future asbestos claims can be discharged without a trust. In the American Bankruptcy Institute’s Rochelle’s Daily Wire, Professor Ralph Brubaker provided a counterpoint to a University of Chicago professor, claiming that “discharging the claim of a future claimant who has not yet been injured or discovered the injury” is unconstitutional and akin to something from Alice’s Adventures in Wonderland.

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