Judgment of the bankruptcy court and the district court that subject matter jurisdiction does not exist to expand the section 105(a) injunction to include the Montana actions, in a case involving asbestos litigation against a mining company who had sought Chapter 11 protection and against the State of Montana is affirmed as, 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.
Read In re WR Grace & Co., No. 08-3697
Appellate Information
On Appeal from the United States District Court for the Western District of Delaware
Opinion Filed December 31, 2009
Judges
Before:Barry, Fisher, and Jordan, Circuit Judges
Opinion by Circuit Judge Jordan
Counsel:
For Appellant: Christopher Landau, Kirkland & Ellis; Francis A. Monaco, Womble Carlyle Sandridge & Rice
For Appellee: Daniel C. Cohen, Cohen Whitesell & Goldberg