United States Sixth Circuit
In re: Settlement Facility Dow Corning Trust, 09-1827
District court's interpretation of two orders entered by a bankruptcy court of Dow Corning's Amended Joint Plan of Reorganization (Plan), arising from Chapter 11 proceedings to facilitate settlement of thousands of lawsuits relating to breast implants it had manufactured, is vacated in part, reversed in part and remanded where: 1) because the Plan's definition of "Breast Implant" in section 11.7 of the Plan is ambiguous, district court's order with respect to tissue expanders is vacated and remanded to allow it to assess the relevant extrinsic evidence; and 2) district court's order with respect to the Plan's definition of total disability is reversed as Dow Corning's reading of the provision that a claimant must be disabled in both categories - vocation and self-care - is correct.
Appellate Information
- Argued 06/10/2010
- Decided 12/17/2010
- Published 12/17/2010
Judges
Court
- United States Sixth Circuit
Counsel
- For Appellant:
- John Donley, Jeffrey S. Trachtman