Linda Cook’s husband Roland Cook died of malignant mesothelioma after having worked with asbestos gaskets manufactured by a predecessor to Reinz Wisconsin Gasket, LLC (RWG). Shortly after the couple had filed a personal injury lawsuit and Mr. Cook died, Mrs. Cook was notified that the company had filed a notice of dissolution and cancellation and had not set aside assets for creditors or claimants. She turned to the courts for assistance.
With Multiple Mesothelioma Claims Outstanding, Asbestos Company’s Successor Files for Bankruptcy
Mr. Cook blamed his malignant mesothelioma on asbestos he was exposed to while working for the gasket manufacturer, and the couple filed suit against them seeking compensation. But while the case was pending, Mr. Cook died and RWG dissolved and filed a certificate of cancellation. Mrs. Cook asserted that the dissolution and cancellation were not compliant with the Delaware Limited Liability, and asked the court to nullify the certificate of cancellation and appoint a receiver.
In her petition, the mesothelioma widow accused the company of having failed to comply with dissolution statutes. She said that it still had assets when it dissolved, and that they should have been set aside to compensate plaintiffs like herself, who still had asbestos lawsuits pending. The company denied this, and argued that she did not have standing to seek the appointment of a receiver.
Judge Agrees with Mesothelioma Widow, Orders Study of Asbestos Company’s Assets
Upon review of the evidence, the Court of Chancery of Delaware determined that the mesothelioma widow had standing to request appointment of a receiver, and that she had shown good cause for asserting that the company likely had assets that it had failed to set aside for asbestos claims when it dissolved. The court ordered each side to name three candidates for receiver, and said that once assigned that person would study the situation and, if appropriate, receive compensation from those assets for potential recovery by Mrs. Cook.
If you or someone you love has been diagnosed with malignant mesothelioma, there are many challenges that lie ahead, but the Patient Advocates at Mesothelioma.net can provide the guidance you need. Contact us today at 1-800-692-8608.
