Issue: Whether the Second Circuit erred by failing to apply as written a federal statute, 11 U.S.C. § 524(g)(4)(A)(ii), governing asbestos-related claims in chapter 11 bankruptcy proceedings, by construing the phrase “arises by reason of” as invoking only a legal standard rather than a factual inquiry, thereby limiting its scope in a manner that is contrary to its plain terms and that frustrates the congressional purposes of the statute.
On Monday at 9:30 a.m. we expect orders from the October 17 Conference. We do not expect any decisions on the merits but will report promptly on any orders. The Court's next Conference is scheduled for October 31. The November sitting begins November 3.