In the case of Williams Sr. et al. v. Placid Oil Co., recently weighed by the U.S. Court of Appeals for the Fifth Circuit, an asbestos manufacturer’s bankruptcy effectively derailed the plaintiff’s claim for damages.
In a split decision, the appellate court held that because the plaintiff was an “unknown creditor” a the time the company sought bankruptcy protection through discharge, the plaintiff was not entitled to direct notice of right to claim. What makes this matter even more frustrating is that even if the plaintiff had been made aware of the right to sue, it’s unclear what kind of case she might have had, as she did not even know she was sick until decades later.
Our Boston mesothelioma lawyers agree with the sole dissenting justice in this case, who reasoned that it is unconstitutional for the right to pursue a wrongful death claim to be discharged in a bankruptcy that occurred 15 years before the plaintiffs even knew she was sick. The dissenting justice lamented the fact that constitutional concerns were not raised by the plaintiff upon appeal; only issues regarding whether adequate notice was given prior to the bankruptcy discharge.
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