In re Quigley Company Inc.


New York Law Journal

Judge Holwell

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QUIGLEY Company Inc., a subsidiary of Pfizer Inc., made heat-resistant products. It filed for bankruptcy after asbestos exposure suits. The bankruptcy court's 2004 preliminary injunction extended the automatic stay provisions of 11 USC §362(a) to Pfizer. Its May 15, 2008, order clarified the scope of its 2007 ruling barring certain asbestos claims against Pfizer arising by reason of Pfizer's ownership or management of, provision of insurance to, or involvement in certain transactions with Quigley or Quigley's related parties. On May 30, 2008, a law firm that was a member of the Ad Hoc Committee of Tort Victims appealed the bankruptcy court's 2008 order to the district court. The district court—discussing the Second Circuit's rulings in In re Taddeo, In re Chateaugay Corp. and In re Lomas Fin. Corp.—held the order a final order appealable as of right under 28 USC §158(a)(1). The order at issue effectively acted as a denial of relief from the bankruptcy court's 2007 amended injunction as to all claims against Pfizer under §400 of the Restatement of Torts, because it conclusively determined the 2007 amended injunction barred such claims for the duration of the bankruptcy proceedings.