Bates White expert provides rebuttal testimony on proposed bankruptcy 9019 settlement related to talc claims
Andrew R. Evans provided mediation support and rebuttal testimony on behalf of non-debtor interested parties in In re Whittaker, Clark & Daniels, Inc., et al. (Case No. 23-13575), which is pending in the US Bankruptcy Court for the District of New Jersey. Whittaker, Clark & Daniels, Inc., a talcum powder distributor, and certain of its affiliates filed for bankruptcy in April 2023 to resolve claims stemming from allegedly asbestos-contaminated talcum powder products.
In connection with his retention by certain non-debtor parties to advise on potential exposure related to the Whittaker, Clark & Daniels, Inc. bankruptcy proceedings, Mr. Evans analyzed the debtors’ claims history and challenged various aspects of the valuation estimates presented by experts from the Official Committee of Talc Claimants and the Future Claimants’ Representative. He also provided analysis in connection with a proposed 9019 settlement that addresses, among other things, potential successor liability and indemnity claims tied to individual tort cases.
At this time, the settlement remains contested by the Official Committee of Talc Claimants and the Future Claimants’ Representative, and the parties have resumed mediation while they await a ruling from the Bankruptcy Court on the debtors’ motion to approve the proposed 9019 settlement.
Mr. Evans was supported by a team including Gaurav Bagwe, Amanda Kurzendoerfer, and Alicia Xu.