Eastern District of Michigan

Last updated: January 07, 2000

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This page provides information about cases, orders, etc. in the Eastern District of Michigan, where the reorganization of Dow Corning is pending and where implant claims against Dow Chemical, Corning, and Dow Holdings have been transferred. This information is based on materials obtained by Judge Pointer from MIE.

12/21/99--Judge Spector enters a supplemental opinion as to whether the plan and its proponents comply with the Bankrutpcy Code.  ALN has received this opinion only in Adobe "pdf" format, which means that many will probably be unable to read it and that, because of its size (3570KB), it will take a long time to download.   However--with that caveat--you can download it by clicking on RTF format

11/30/99--Judge Spector enters order confirming Dow Corning reorganization plan, with separate opinions addressing particular issues.  To view or download:
    Order Confirming Plan                     click on  WP6 or RTF format.
    Findings and Conclusions                 click on  WP6 or RTF format.
    Opinion on Good Faith                     click on  WP6 or RTF format.
    Opinion on Classification                    click on  WP6 or RTF format.
    Opinion on 1129(a)(9) Objections    click on  WP6 or RTF format.
    Opinion on Cramdown--Class 4         click on  WP6 or RTF format.
    Opinion on Cramdown--Class 15         click on  WP6 or RTF format.
    Opinion on Cramdown--Class 18         click on  WP6 or RTF format.

5/14/99--5:00 p.m. (Eastern time zone) is deadline for Ballot Tabulation Agent to receive ballots in voting on Joint Plan of Reorganization of Dow Corning Corporation.  For information on the Plan of Reorganization  (and to get copies of plan documents), jump to  Dow Corning Reorganization Plan.

11/23/98--Tort Claimants Committee has established a webpage providing information regarding the joint plan, schedules, etc.  To jump, click on Tort Claimants Webpage

2/11/98--Updated list of 12,000+ cases in MIE with pending claims against Dow Chemical or Dow Holdings. You can download in WP5 format (810K) or download in RTF format (958K) .

1/24/98--Judge Hood extends dates for filing "Statement of Claim": until April 30, 1998, for "physician creditors"; and until March 16, 1998, for other claimants such as implant-recipients. To download the physician order in WordPerfect6 format, click on CMO1b. To download the implant-recipient order in WordPerfect6 format, click on CMO1a.

12/19/97--Judge Spector enters amended opinion recommending that, with respect to Dow Corning's Omnibus Objection to Disease Claims and its Motion for Summary Judgment respecting such matters, the reference to the Bankrutpcy Court be withdrawn and such matters be heard by the MIE District Court. You can download in WP6 format (25K) or download in RTF format (23K) .

11/20/97--Judge Spector rules that Bankruptcy Court has the power to decide Dow Corning's motion for summary judgment relating to alleged insufficiency of admissible scientific evidence supporting claims of disease causation. Ruling does not address the merits of this motion, nor does it address the question whether the district court in Michigan should withdraw the reference to bankruptcy of this motion and related issues. To download a copy of Judge Spector's opinion, click on WP6 format or RTF format.

8/1/97--Judge Hood enters Case Management Order No. 1, providing for the opening/coordination of these claims/cases in MIE. To download, click MIE CMO#1 (WordPerfect format--39K) or MIE CMO#1 (RTF format--51K). NOTE: to avoid dismissal of these claims, plaintiffs must file in MIE a Statement of Claim form. To download a blank copy of this form, click Statement of Claim (WP6) or Statement of Claim (RTF). (Note: plaintiffs not represented by counsel should show their mailing address on the line below their signature)

7/29/97--US Bankruptcy Judge Arthur J. Spector enters lengthy opinion rejecting the motions for estimation filed by Dow Corning and by the Committee of Tort Claimants. Judge Spector concludes that estimation is neither required nor desirable, and that it would be preferable for District Court in MIE to proceed with liquidation of the claims, with the potential for one or more consolidated trials on general causation (pathogenic) issues. To download, click estimation opinion in WP5 format (282K) or estimation opinion in RTF format (290K).