Legal Insurrection: Warren Should Have Known Asbestos Workers Wouldn’t Get Paid

Professor William Jacobson, over at continues to do yeoman’s work regarding the real Elizabeth Warren.  Today he just punched a large hole in Warren’s claims to not have known Traveler’s full intentions when hiring her.  Jacobson uses source documents to show that the only explanation is that Warren turned a willful blind eye, or is misleading us all now.

Warren played a role at a critical time in what ended up as one of the great coups in legal history, the enforcement of settlement agreements by which Travelers promised a massive settlement fund for asbestos victims, but which Travelers didn’t actually have to pay because a precondition to payment had not been met.

The precondition was that other insurers give up their claims against Travelers, without receiving any payment from Travelers.  If the other insurers were not bound by the settlement, then Travelers did not have to pay the asbestos victims.

Thus, the asbestos victim fund was held hostage to whether Travelers could strip other insurers of their claims.  By the time the case reached the Supreme Court the possibility, if not probabilty, that Travelers would not succeed in this inter-corporate fight – and that it would not have to pay the asbestos victims – was well known.

Warren was not working to help asbestos victims, except ancillary to Travelers fight against other insurers.  Travelers ended up losing the fight with other insurers, which gave Travelers a contractual right not to make payment.

This outcome, even if unintended, was foreseeable at the time of Warren’s legal representation of Travelers.  Warren got paid, Travelers got to keep its settlement money, and the asbestos workers were left out in the cold.

About Rob "EaBo Clipper" Eno

  • William Jacobson is siding against Travelers and Warren and Scott Brown’s favorite justice Scalia, and instead siding with Stevens and Ginsberg?

    Souter, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Kennedy, Thomas, Breyer, and Alito, JJ., joined. Stevens, J., filed a dissenting opinion, in which Ginsburg, J., joined.

  • Vote3rdpartynow

    Elizabeth Warren is a BANKRUPTCY attorney, and as such her job is to protect the corporate interests from those with claims against them.  She works for the corporation, not the victims pursuing a legal claim against the assets of the corporation.

    For Elizabeth Warren to make the claim that she was working for the little guy in this case is an outright LIE.

  • casualobserver

    For anyone who visits here but not at Legal Insurrection, you should go there.  Were it not for the tireless work the Professor has done to expose items like you see in this piece above and more, Brown would have less ammunition and would be far behind in the polls, potentially.

  • Ryan

    Is how you run a NE Republican campaign into the ground.

    Least Tisei is running a real campaign, and getting noticed, and moving voters.  Brown went with talk radio shtick over substance, and poll after poll he’s paying the price.

    1)  It’s the constituents stupid

    2)  This is Massachusetts, not Georgia

    Seems kinda fitting he’s running his reelection campaign the same way Coakley lost hers.  And spending any good will capital he had in the process.

    I thought he might have had a shot at the governors chair, but now I’m not so sure.