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.
On Appeal from the United States District Court for the Western District of Delaware
Opinion Filed December 31, 2009
Opinion by Circuit Judge Jordan
For Appellant: Christopher Landau, Kirkland & Ellis; Francis A. Monaco, Womble Carlyle Sandridge & Rice
For Appellee: Daniel C. Cohen, Cohen Whitesell & Goldberg