United States Third Circuit

In proceedings involving asbestos litigation against mining company W.R. Grace, who had sought Chapter 11 protection, and against the State of Montana, judgment of the bankruptcy court and the district court that subject matter jurisdiction does not exist to expand a preliminary injunction to include the Montana actions is affirmed as a federal bankruptcy court does not have related-to-jurisdiction over a third-party lawsuit if that lawsuit would affect the bankruptcy proceeding only through the intervention of yet another lawsuit.

Appellate Information

• Decided 12/31/2009
• Published 12/31/2009

Judges

• Before: BARRY, FISHER and JORDAN, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Janet S. Baer, Kirkland & Ellis, Chicago, IL, David M. Bernick, Kirkland & Ellis, New York, NY, Laura D. Jones, James E. O'Neill, III, Pachulski Stang Ziehl & Jones, Wilmington, DE, Christopher Landau [Argued], Gregory L. Skidmore, Elizabeth M. Locke, Kirkland & Ellis, Washington, DC, for WR Grace & Co., Kevin J. Mangan, Francis A. Monaco, Jr. [Argued], Womble, Carlyle, Sandridge & Rice, Wilmington, DE, for State of Montana., Daniel C. Cohen [Argued], Christopher M. Candon, Cohen, Whitesell & Goldberg, Boston, MA, Adam G. Landis, Kerri K. Mumford, Landis, Rath & Cobb, Wilmington, DE, for Libby Claimants.