Current Matter

Talc Supplier Bankruptcy Case

Gilbert LLP builds on its long experience recovering insurance in mass-tort bankruptcy cases in the Chapter 11 proceeding filed by Imerys Talc America, Inc. (and related companies), a primary supplier of talc to Johnson & Johnson.  In June 2019, Gilbert was retained as special insurance counsel to the Official Committee of Tort Claimants and the Future Claims Representative in the Chapter 11 bankruptcy proceedings.

Imerys, facing thousands of lawsuits alleging its product caused ovarian cancer and mesothelioma, filed for Chapter 11 bankruptcy in February 2019.  Debtors bankruptcy petition alleges that billions of dollars of insurance may be available to pay the talc claims but many insurers have disputed their obligations. To date, Gilbert has recovered hundreds of millions of dollars in insurance proceeds, and continues to pursue many hundreds of millions more.  These recoveries will greatly enhance the ability of any resulting trust to pay the claims of individuals injured by talc.

Gilbert is also working to help create a bankruptcy plan and trust distribution procedures to maximize the Trust’s ability to collect from any insurers that do settle in the bankruptcy case.

Gilbert’s specific experience in this area—recovering contested insurance in the context of a mass-tort bankruptcy case—led the Imerys Tort Claimants Committee and Future Claims Representative to select Gilbert as their insurance counsel. Our skill at the intersection of these disciplines uniquely positions Gilbert to add value by evaluating, preserving, and recovering the insurance in the context of the Imerys proceedings.