Opinion · Supreme Court of the United States

MacArthur Co. v. Johns-Manville Corp.

488 U.S. 868

Type
Opinion
Court
Supreme Court of the United States
Jurisdiction
Federal
Date
1988-10-03
Topic
general

How later courts describe this case

  • holding that a FERC-approved settlement need not assure just and reasonable rates
  • affirming district court's order approving settlement between debtor and insurers and enjoining all future suits against insurers relating to settled policies
  • affirming district court’s order approving settlement between debtor and insurers and enjoining all future suit against insurers relating to settled policies
  • channeling of claims to proceeds consistent with intent of sale free and clear under § 363(f)
  • This case involved an asbestos class action. The court based its ruling upon the bankruptcy court’s equitable power under 11 U.S.C. § 105(a
  • “It is well established that a bankruptcy court has jurisdiction over all of the property of the debtor’s estate, wherever located.”
  • insurance policies are ''inseparable” from the claims base and well within the bankruptcy court's jurisdiction over the debtor's assets.
  • permanent injunction protected insurance company from suits as part of a settlement wherein insurer contributed large sums of money to fund plan and pay claimants

Citator

UpLaw has not yet analyzed MacArthur Co. v. Johns-Manville Corp.. The absence of a flag is not a finding that it is good law.

Cited by
129 opinions

Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit.

Denied.

Justice WHITE took no part in the consideration or decision of this petition.