U.S. Third Circuit - The FindLaw 3rd Circuit Court of Appeals Opinion Summaries Blog

In re WR Grace & Co., No. 08-3697

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


Before:Barry, Fisher, and Jordan, Circuit Judges

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