Creative Results Out of Court
Successful Early Litigation Strategy
A major industrial supply company embroiled in asbestos litigation joined with one of its insurance companies to attack another one of its insurers, our client. The attack sought to bypass a long-term agreement between these three companies and others, and saddle our client with millions of dollars in liability beyond its commitments in the prior settlement. One main strategy of the attack was to force early rulings bypassing the settlement agreement. K&L stepped in and put the brakes on the rapid assault, and crafted a position for our client to avoid the brunt of the litigation while reserving its positions on the merits, also saving our client a lot of litigation expense.
Insurance Bankruptcies
When a major national industrial supplier’s bankruptcy sought to accelerate payments from its insurers into one lump sum—rather than in increments over decades—K&L mediated this complex, multi-party matter for over two years to obtain a trust fund valued at over $2 billion to pay the supplier’s creditors while minimizing impacts on its insurers, including K&L’s client.
Coverage Litigation Diverted to Successful Mediation
We guided our client through litigation of many millions of dollars in insurance coverage claims until, just before trial, the opposition asked to stay the case and hold mediation. We then completed a mediation which set records for complexity, ending in dismissal of the action on favorable terms.
Thorpe Insulation v. Fireman’s Fund, et al.
K&L stopped a lawsuit against a major corporate insurer, diverting the matter to arbitration, and then won outright saving the client over $200 million.
Dresser Industries v. Federal Mogul, et al. (aka Halliburton)
Our attorneys played an integral role in mediating an intersection of three bankruptcies and eight lawsuits involving over 40 major corporate parties, culminating in favorable resolution of a nine-figure claim against our clients via unique, interlocking dual settlement agreements.
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