Defendant Granted Motion to Dismiss Claim against Settlement Trust for Untimeliness

Superior Court of Delaware, New Castle – In the asbestos action Burhenn v. Celotex Asbestos Settlement Trust, the court granted defendant Celotex’s motion to dismiss on the grounds that the complaint was untimely filed. In 1990, the Celotex filed for bankruptcy. Subsequently, a settlement trust was created to pay claims of persons who had pending asbestos claims and any future victims who were exposed to the defendant’s asbestos-containing products….
By: Goldberg Segalla