Boy Scouts of America Bankruptcy and Restructuring

Facing substantial mass-tort liabilities arising out of thousands of claims alleging that the organization failed to protect children from sexual abuse, the Boy Scouts of America filed for Chapter 11 bankruptcy in February 2020.  The Boy Scouts’ stated goal is to use the Chapter 11 process to create a trust to provide compensation to victims. […]

Opioid Industry Bankruptcies

On September 1, 2021, the United States Bankruptcy Court for the Southern District of New York confirmed the bankruptcy settlement in In Re: Purdue Pharma L.P.  Gilbert played a central role in negotiating the terms of that settlement, involving all opioid creditors, the Purdue debtors, and the Sackler family. Gilbert has been involved in the Purdue opioid bankruptcy matter since 2019, […]

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 […]

Automotive Parts Mass-Tort Bankruptcy

A confirmed bankruptcy plan often is only the beginning of Gilbert LLP’s insurance recovery work in mass-tort bankruptcy cases. We are currently engaged as counsel to the Takata Airbag Tort Compensation Trust Fund. In Chapter 11 proceedings filed by the U.S. subsidiaries of Takata Corporation, a Japanese automotive parts company facing mounting allegations of liability […]

Asbestos-Related Chapter 7 Bankruptcy

Gilbert LLP continues to be at the forefront of resolving complex disputes between financially distressed policyholders and their insurers. Gilbert’s pioneering work in this area continues today, through its representation of a Chapter 7 bankruptcy trustee for a former insulation manufacturer responsible for marshaling assets to fund thousands of asbestos-related personal injury claims. To date, […]

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, […]

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 […]

Environmental Coverage Dispute

Gilbert LLP was retained by a major electric power company as settlement counsel in connection with pending litigation being handled by another firm. The company is seeking to secure insurance proceeds from more than a dozen insurers for its environmental liabilities related to coal-ash basins at the company’s power plants. The use of separate settlement […]

Securing Representation and Warranty Coverage

We represent a large innovation and engineering consulting firm in its pursuit of insurance coverage under a representation and warranty insurance policy, which is a relatively new product on the insurance market. Representation and warranty coverage protects buyers in a merger from loss due to breaches of a seller’s representations and warranties in a merger […]

Environmental Insurance Coverage Litigation

Environmental remediation of allegedly contaminated industrial sites continues to be a focus of government regulators and a substantial source of potential liability for companies nationwide. Through our ongoing representation of a leading manufacturer of building products in multiple litigation proceedings, Gilbert has spearheaded our client’s efforts to recover insurance proceeds for defense and remediation costs […]

Post-Bankruptcy Trust Litigation

Gilbert LLP has been retained by the Insys Victims Restitution Trust, a post-bankruptcy trust established to administer, process, resolve and liquidate personal injury claims asserted against Insys, a drug manufacturer, that stem from Insys’ drug, Subsys.  Gilbert LLP was retained to assist the Victims Restitution Trust in recovering proceeds from Insys’ products liability insurance policies […]

Construction Defects

Disputes among contractors and subcontractors on large scale commercial construction projects are becoming increasingly complex, given the specialization in the field and the substantial sums at issue. Through our ongoing representation of a nationally prominent enclosure contractor in litigation against other participants in a large hospital complex project in Missouri, Gilbert is pursuing recoveries from […]

Prisoner Resentencing and Parole

Since 2019, Gilbert LLP has represented a client who at 17 years old was accused of involvement in a murder. At the time of the alleged crime, our client was living in what was then a heavily segregated, high-crime area of Washington D.C. Our client was, even according to the Government’s contentions at the time, […]

International Prisoners

Gilbert has represented numerous individuals in pursuing claims in U.S. courts against the governments and entities responsible for their wrongful detention, obtaining judgments and other recoveries in the many tens of millions of dollars. Most recently, we secured a $24.3 million judgment against the Government of Iran on behalf of Roxana Saberi, an American journalist […]

Fighting for Racial Justice with ACLU of Louisiana

In July 2020, Gilbert LLP partnered with ACLU of Louisiana and a wide range of private firms and law school clinics to tackle the systemic problem of racially discriminatory policing practices. The initiative, called “Justice Lab: Putting Racist Policing on Trial,” aims to bring a wave of lawsuits challenging racially motivated stops, seizures, searches, false […]