The Gilbert Edge
Our specialty is complex dispute resolution, and we bring unmatched insight and innovation to every problem we confront.
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Opioid Industry Bankruptcies
Gilbert’s work to combat the opioid crisis extends to the bankruptcy arena.In 2019, Gilbert was appointed by the U.S. Bankruptcy Court for the Southern District of New York as mass tort, deal, and insurance counsel to the ad hoc committee of supporting governmental entities in In re: Purdue Pharma LP, the bankruptcy proceedings arising out of Purdue’s role in contributing to the opioid crisis. In 2020, Gilbert was similarly retained by the ad hoc committee of governmental plaintiffs in In re: Mallinckrodt PLC, the bankruptcy proceedings arising out of Mallinckrodt’s role in contributing to the opioid crisis. Gilbert’s work in both bankruptcies builds on its decades of experience working on major corporate bankruptcies predicated by mass tort liabilities. The Purdue and Mallinckrodt bankruptcies are two of several opioid matters in which Gilbert is involved, including the MDL proceedings in Ohio and litigations by state attorneys general and sovereign Indian tribes against opioid manufacturers, distributors, chain retailers and others seeking remediation and damages for the U.S. opioid crisis.
Securing Insurance Proceeds From Insolvent Insurer Estates
For companies with claims that trigger historical insurance policies, coverage may have been issued by insurers that have since entered insolvency or rehabilitation proceedings. When that happens, many policyholders may believe that coverage is not available—often based on advice of other counsel. However, Gilbert LLP has been tremendously successful in securing these proceeds.For example, in addition to recovering millions from solvent insurers for a current client, Gilbert LLP continues to pursue and secure recovery from the estates of now-insolvent insurers that issued policies for periods triggered by recent past and pending claims. Such estates have put up roadblocks to recovery, including arguing that a policyholder has failed to meet procedural steps. Gilbert LLP has successfully overcome such form-over-substance arguments made by multiple insolvent estates, and has recovered for this client millions of dollars that other counsel had deemed unavailable
Asbestos-Related Insurance Coverage Litigation
In our experience, insurance companies very often contest their contractual duties and obligations to pay mass tort product liability claims facing their policyholders. Gilbert LLP is continuing to lead the fight on behalf of corporate policyholders, trusts and others against insurers in courts throughout the country, including its representation of an internationally renowned manufacturer of auto parts.Through litigation in Illinois state court, Gilbert LLP has zealously pursued over a dozen of the nation’s largest insurers, securing ground-breaking rulings under Illinois law regarding the manner in which excess insurance policies are impacted by and required to respond to asbestos claims. As a result of Gilbert’s advocacy, its client has resolved hundreds of millions of dollars in disputed insurance limits and defeated several insurer motions for summary judgment that could have limited or eliminated insurers’ obligations. We also have preserved our client’s rights to seek additional recoveries, including relief based upon the insurers’ bad faith refusal to pay claims.