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O’Melveny’s Representation of Insurers Noted in Law360

April 04, 2012

Law360’s April 3, 2012, article, “9th Circ. Won't Rethink Win For Thorpe's Ch. 11 Foes,” updates an ongoing case between a group of insurance companies and Thorpe Insulation Co. over asbestos claims settlements. The article details the latest Ninth Circuit court decision to not reconsider its ruling that allows specific insurance companies to challenge Thorpe’s Chapter 11 reorganization plan. The insurance companies are Continental Insurance Co., National Fire Insurance Co. of Hartford, Motor Vehicle Casualty Co., Central National Insurance Co. of Omaha and Century Indemnity Co.

“Now there’s a Ninth Circuit precedent that the equitable mootness doctrine does not stand in the way of an appellate court hearing an appeal. Combined with the standing decision, it makes the process much more fair for everybody,” said partner Gary Svrisky of O’Melveny & Myers, which represents the insurance companies, in the article.

The case is In the Matter of Thorpe Insulation Co., case number 10-56543, in the U.S. Court of Appeals for the Ninth Circuit.