Quimbee logo
DMCA.com Protection Status
From our private database of 19,800+ case briefs...

Kane v. Johns-Manville Corp.

United States Court of Appeals for the Second Circuit
843 F.2d 636 (1988)


The Johns-Manville Corporation (Manville) (debtor) was a manufacturer of asbestos products. Manville filed for reorganization under chapter 11 of the bankruptcy code as a result of multiple asbestos-related personal-injury lawsuits. Manville proposed a reorganization plan that included a trust to compensate the asbestos-injury victims. Claimants currently afflicted with asbestos-related illnesses were classed as creditors in the bankruptcy proceedings. A class of potential future claimants, which included those individuals who had been exposed to Manville’s asbestos but had not yet developed asbestos-related illnesses, were represented in the proceedings by a court-appointed legal representative and would be eligible to file claims against the trust in the future. The bankruptcy court confirmed the reorganization plan, and the district court affirmed. Lawrence Kane (creditor) was a current claimant. Kane appealed the plan’s confirmation, arguing that the plan discharged the rights of future victims who do not have claims.

Rule of Law


Holding and Reasoning (Newman, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 507,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 507,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 19,800 briefs, keyed to 985 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial