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.