Elizabeth Warren: Bankruptcy Expert Opposes an “End Run” Around a Bankruptcy Court’s Decision

The Wall Street Journal:  OPINION

REVIEW & OUTLOOK

Saturday/Sunday, September 29/30 2012 

Ms. Warren in her capacity as the lawyer for Travelers Insurance Corporation stated that “asbestos plaintiff lawyers were trying to do an ‘end run’ around a final federal court judgement” by suing a bankrupt debtor’s insurer.  “A bankruptcy court ruled in 1986 that Travelers should pay into a $2.8 billion trust facility to cover future claims, in return for immunity from ‘any and all’ future liabilities. This ruling was upheld by the appeals court and codified in a 1994 law by congress.”

The Travelers Insurance Corporation was the primary insurer for the John-Manville Corporation, formerly America’s major asbestos manufacturer.  “Tens of thousands of personal injury lawsuits drove Manville into Chapter 11 (the bankruptcy statute).”

End run is an American football term where the running back runs around the end of the opponent’s defensive line.  For example: 

The half-back did an end run and scored a touchdown.

 

The metaphor end run is used when someone goes around the usual line of authority, the plaintiff’s lawyers in the above case.

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