O’Melveny Worldwide

Law360: Judge Tosses 16K Talc Claimant Votes In Imerys Ch. 11

October 13, 2021

A Delaware bankruptcy judge disqualified nearly 16,000 votes that were cast by talc injury claimants on Imerys Chapter 11 plan. The judge said that the firm representing the injury claimants did, “zero diligence to determine if any of the clients on whose behalf it submitted a master ballot had been exposed to talc produced by Imerys and were entitled to vote on its Chapter 11 plan.” O’Melveny partner Tancred Schiavoni said the order was exciting and that the transcript would be a “good read” for members of Congress considering bankruptcy reform. “The hearing and the decision collectively shed light on what's been going on with how these cases have been voted,” he noted. The insurers are represented by Tancred Schiavoni, Salvatore Cocchiaro and Janine Panchok-Berry of O’Melveny.

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