Fw: Update from TCC on Dow Bankruptcy

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----- Original Message -----

From: " Ilena Rose " <ilena@...>

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Sent: Tuesday, May 07, 2002 5:33 PM

Subject: Update from TCC on Dow " Bankruptcy "

http://www.tortcomm.org/

~~~ Thanks for the heads-up ~~~

Welcome to the Tort Claimants Committee website

Current Events

Updated May 6, 2002:

On Friday, May 3, 2002, the 6th Circuit Court of Appeals issued its ruling

on the pending motion by the U.S. Government to rehear the appeals on the

Dow Corning bankruptcy settlement plan. The court denied the motion,

sending the case back to the U.S. District Court. This means that the

court of appeals will NOT rehear the challenges to the settlement plan,

and that the case will soon be back before District Judge Page

Hood. We will post an update as soon as Judge Hood schedules a hearing on

the settlement plan or otherwise enters any order regarding this case.

Updated April 29, 2002:

As of today, the 6th Circuit Court of Appeals has not issue their ruling

on the pending motion by the U.S. Government to rehear the appeals. We do

not know what is causing the delay. As soon as we are informed of the

ruling, we will post it on the TCC website.

Updated May 6, 2002:

The TCC has received many questions from claimants asking " Where are we

with the appeals? What is happening with this case and when will it ever

be over? " Below is an update on the case and the appeals:

Judge Page Hood held an informal status conference with the parties

on February 11, 2002 in Detroit, Michigan. A schedule to submit briefs on

additional " findings of fact " was discussed, and the parties stated that

they would submit a proposed scheduling order. Proposed schedules were

submitted. However, before a final scheduling order could be entered, the

U.S. Government filed a " Petition For Rehearing And Suggestion For

Rehearing En Banc " to the 6th Circuit Court of Appeals. The petition asks

the 6th Circuit to hold another hearing of the full panel ( " en banc " means

the full panel of all judges on the 6th Circuit Court) to rehear the

arguments on whether the Plan of Reorganization can release claims of

insurers or third parties. The 6th Circuit has already ruled on these

issues in its January 29, 2002 order, but the U.S. Government's petition

asks that the court reconsider and overturn its earlier ruling.

Under Rule 35(a) of the Rules of Appellate Procedure, such petitions are

" not favored and ordinarily will not be entered. " ÝUnder the Court's

rules, the 6th Circuit has 14 days to reconsider. As soon as we are made

aware of whether the 6th Circuit has agreed to rehear the case, we will

post news on the TCC website.

Until the 6th Circuit rules on the pending petition filed by the U.S.

Government, Judge Hood does not have jurisdiction over the U.S.

Government's objections to the Plan. As a result, no scheduling order has

been entered, and a date for a hearing before Judge Hood has not been set.

If the 6th Circuit declines to rehear the case, we anticipate that Judge

Hood will then issue a scheduling order and set a date for a hearing. We

will post any news of a hearing on the TCC website.

Unfortunately, there will be unexpected delay in the appellate process.

The TCC has and will continue to remind the courts of the lengthy delay

that claimants have endured and urge them to expedite the appeals. Please

direct any questions to this website.