News & Events

The United States Court of Appeals for the Sixth Circuit issued an opinion on November 28, 2011 affirming a district court’s judgment dismissing claims against one of Simpson Thacher’s insurance clients along with claims against certain other insurers.  The case, originally filed in 2004, alleged novel theories of liability pursuant to which a manufacturer and distributor of paint and drywall products sought to hold its insurers responsible for thousands of pending and future asbestos-related lawsuits, notwithstanding the insurers’ prior exhaustion of coverage.  In their November 28 decision, the Court of Appeals agreed with the arguments advanced by the firm that the plaintiffs’ theories were inconsistent with the contract language, the purposes of the relevant provisions, and the parties’ course of performance. 

Andy Frankel argued the appeal and had invaluable assistance from Mindy Lok and Isaac Rethy.