Toll Free: First Circuit’s Decision Potentially Leaves Thousands of Asbestos Claimants Without Remedy Due to Expiration of Statute of Limitations

In Lydon v. T& N Ltd., 2015 WL 544970 (1st Cir. 2015), the First Circuit found in favor of T&N Limited, an asbestos manufacturer, effectively denying thousands of asbestos-related claims. Once T&N became aware that its product exposed it to significant liability due to its propensity to cause mesothelioma, T&N filed for Chapter 11 Bankruptcy reorganization. Although one of T&N’s principal assets was a 500 million pound liability insurance policy issued by Hercules, United Kingdom law controlled the bankruptcy and the Hercules policy could …

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