Fw: NEVADA WOMEN WIN MAJOR VICTORY IN DOW CORNING BREAST IMPLANT WARS~ Press Release from White & Meany

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From: " ilena rose " <ilena@...>

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Sent: Wednesday, January 30, 2002 11:13 AM

Subject: NEVADA WOMEN WIN MAJOR VICTORY IN DOW CORNING BREAST IMPLANT WARS~

Press Release from White & Meany

For Immediate Release

January 29, 2002

Contact: Geoff White (Tort Counsel), Law Offices of White & Meany,

775.828.9999

White (Bankruptcy Counsel), White Law Chartered, 775.322.8000

Misty Young, KPS|3, 775.686.7402

NEVADA WOMEN WIN MAJOR VICTORY IN DOW CORNING BREAST IMPLANT WARS

Sixth Circuit Court of Appeals remands case to Bankruptcy Court, Nevada

women victors

Reno, NV - Nevada women won a major victory today in their efforts to

recover damages from the breast implant giants, Dow Chemical and Dow

Corning.

The Sixth Circuit Court of Appeals today decided In re Dow Corning,

Inc., 2002 Fed. App. 0043 P (Nevada Claimants, et al. v. Dow Chemical,

et al.). It refused to endorse a Michigan District Court's decision

that women who voted against Dow Corning's Plan of Reorganization,

including 55 women who also have breast implant claims against the very

solvent Dow Chemical Company, are limited solely to the recovery

provided in Dow Corning's plan. As a result, the case has now been

remanded back to the Bankruptcy Court for further findings.

The Sixth Circuit noted that before it will affirm an injunction

preventing breast implant claimants who voted against Dow Corning's plan

>from continuing their suits against the third party non-debtor Dow

Chemical, the third party injunction must be " essential to the

reorganization " of the debtor, Dow Corning. Although the Sixth Circuit

found that the bankruptcy court, by confirming the plan without the

releases, " implied " that the third party injunction was not " essential "

to Dow Corning's reorganization, it noted that no specific finding to

that effect was made. Therefore the case was remanded for entry of a

specific finding on the this issue.

The Sixth Circuit also requested that, on remand, the Bankruptcy Court

make specific findings of fact and give specific reasons concerning

whether the assets contributed to the reorganization by Dow Chemical and

the other released parties were " substantial. "

The Nevadans are very confident that the problems noted by the Sixth

Court as a basis for its remand order will not change the result

originally reached by the Bankruptcy Court, to the effect that their

claims against Dow Chemical survive Dow Corning's bankruptcy plan.

January 30, 2002

From: Geoffrey White, Esq. White & Meany - Attorneys for Nevada Tort

Claimants

Re: 6th Circuit Opinion re Dow Corning Bankruptcy Plan & Matters Related

Thereto

Here is our preliminary " read " on the Opinion.

Clearly, the U.S. Government won on its appeal of the Plan's provisions

relating to their

Medicare, VA and other medical liens. As a result of the Government's

appeal, the Plan must now be revised, which will unfortunately involve

further briefing and, probably, hearings before the lower courts,

resulting in further delay in payment to the breast implant victims.

Also, the Foreign Claimants lost their issues on appeal, namely that

the Plan was unfair to them. Although the Plan must now be revised as a

result of the U.S. Government's successful appeal, the Plan's provisions

giving the Foreign Claimants much less than citizens of this country

will stand. Now, the Foreign Claimants may seek a writ of certiorari to

the United States Supreme Court. I have no idea whether they will do

that.

With regard to the Nevada Claimants, the 6th Circuit reversed Judge

Hood's determination that " an injunction [preventing the Nevada

Claimants from proceeding against Dow Chemical] is appropriate " . The

6th Circuit held that, although legally Judge Hood and Judge Spector had

the right to enjoin lawsuits against Non-Debtors, the record in this

case did not support the injunction. The Nevadans still maintain that

no such right should exist, but regardless, the Nevadans won on the

issue that, assuming the right exists, that right could only be

exercised in this case against the Nevadans suing Dow Chemical outside

of bankruptcy court, if several specific conditions were met.

Now, the case will go back to the Bankruptcy Court and to the District

Court for further factual findings. Assuming the Bankruptcy Court

finds, consistent with his prior opinion, that the release of Dow

Chemical is not absolutely necessary to Dow Corning's Plan of

>Reorganization (As the 6th Circuit noted, if Judge Spector had felt it

absolutely necessary, he would not have made the injunction inapplicable

to those who voted " no " on the Plan), than the Plan's release provisions

will not be applicable to the Nevadans.

Still, right now, until all the appeals are exhausted, it would appear

that the Nevadans can do nothing further with their claims against Dow

Chemical. Furthermore, because of the U.S. Government's successful

appeal, the Plan must now be revised to meet the 6th Circuit's wishes as

to how to treat the U.S. Government's claims.

Nothing the Nevadans have done has resulted in a single minute of delay

to these proceedings. Indeed, the Nevadans asked that Judge Spector's

Plan, in its entirely - - a Plan which allowed most Nevadans to proceed

independently against Dow Chemical but which also allowed everyone else

to get paid by Dow Corning - - be affirmed. Unfortunately, the 6th

Circuit would not go that far. Had the 6th Circuit denied the U.S.

Government's appeal like they did the Foreign Claimants' appeal, and

just let stand Judge Spector's ruling regarding the Nevadans, payments

to the women would probably have commenced this spring or summer.

That is my read on the subject. My brother, White, Esq. (Our

bankruptcy lawyer) may have a different idea. I hope this helps.