Recent California Order Reinforces Value of Claims and Compensation Transparency in Asbestos Litigation
by Sarah Beth Jones, GJK Attorney

On September 23, 2025, Judge Patrick McKinney of the Superior Court of California, County of Alameda, issued a significant order in Moore v. A.H. Voss Company et al. (Case No. RG21112710) addressing the disclosure of bankruptcy trust claims in asbestos litigation. The court’s ruling underscores an increasing judicial focus on transparency and fairness in asbestos cases involving bankruptcy trust submissions.

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The order arose from a defendant’s motion to compel the plaintiffs to complete and disclose all bankruptcy trust claims before trial. Plaintiffs’ counsel admitted to filing “placeholder” claims with approximately 40 asbestos bankruptcy trusts to preserve their rights to claims funds. The defense argued that these incomplete or undisclosed filings unfairly disadvantaged defendants and undermined transparency regarding exposure evidence.

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Judge McKinney’s order granted the motion in part and denied it in part, providing clear guidance on several critical issues:

• Full Disclosure of All Claims Required
  The Court held that plaintiffs must produce all bankruptcy trust claims—substantive or placeholder alike—filed on behalf of the decedent. The ruling emphasized that the existing Alameda County Case Management Order (CMO) requires plaintiffs to provide defendants with copies of all such claims, without distinction.

• Privilege and Work Product Objections Rejected
  Plaintiffs’ contention that placeholder claims were protected under the attorney work-product doctrine was rejected. The Court found that once claims are submitted to a third-party bankruptcy trust, any privilege or protection is waived.

• Production Deadline and Sanctions Warning
  Plaintiffs were ordered to produce unredacted, complete copies of all claims by the close of business the day following entry of the order. Judge McKinney also referenced recent appellate authority affirming sanctions for frivolous filings that burden judicial resources, signaling potential consequences for future noncompliance.

 

Judge McKinney’s ruling signals Alameda County’s alignment with bankruptcy trust transparency reform, echoing legislative and judicial developments across the country. By rejecting “placeholder” confidentiality and requiring full production, this ruling in Alameda County demonstrates the value of defendants demanding transparency in effort to ensure the asbestos compensation system operates with honesty, completeness, and fairness.

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This decision follows the recent New York appellate court order setting aside a $28 million lung cancer verdict and ordering a new trial in a NYCAL matter due to the plaintiff’s failure to disclose bankruptcy trust claims and settlements uncovered during post-trial discovery. The newly discovered evidence included 54 lung cancer trust claims and 35 settlements from plaintiff’s prior asbestosis case.  The New York appellate court found that the information was directly relevant and material to apportionment and damages, concluding that the withheld evidence likely would have altered the outcome. Click here to read more on this New York decision.

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These recent rulings represent positive developments for defendants in asbestos litigation. They affirm the judiciary’s support for defendants’ right to obtain complete bankruptcy trust claim information that is essential for accurately assessing exposure histories, ensuring equitable fault allocation, and preventing duplicative recoveries. These rulings also confirm the enforceability of case management orders requiring timely and comprehensive trust disclosures, while also cautioning against discovery positions that impede transparency or misuse judicial resources.

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Gay Jones & Kuhn remains dedicated to pursuing asbestos bankruptcy trust transparency, and we welcome opportunities to assist defendants and their counsel with trust discovery, identifying potential trust claims, and obtaining complete claims files. For more information or to learn how we can help, reach out to our team at info@gayjoneslaw.com.

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ABOUT GJK: Gay Jones & Kuhn PLLC offers a broad spectrum of legal services for clients in Mississippi, Louisiana, Arkansas, and Alabama, including mass tort and personal injury defense, asbestos bankruptcy trust transparency, strategic counsel services, general counsel and small business services. For more information about GJK, visit www.gayjoneslaw.com