Prior to debate, Warren releases information on her cases
Democratic challenger Elizabeth Warren tonight, just before the debate, released some information on her legal clients, though her campaign did not indicate whether the list represented a complete accounting. The Warren campaign emailed a list of cases she had been involved in, saying they had been found in a search of various legal databases. Warren then called on Republican US Senator Brown during the debate to release his own list of clients. He said he had already done so. Last week he verbally gave a partial list to the Globe. Here is the list released by Warren.
SUPREME COURT OF THE UNITED STATES
• Travelers Indemnity Co. v. Bailey, 557 U.S. 137 (2009). In this case, Elizabeth worked to protect a $500 million settlement for victims of asbestos poisoning that another insurance company sought to invalidate. The Boston Globe has reported that most asbestos victims were on her side during the case, and the Supreme Court ruled in favor of her position.
• Rousey v. Jacoway, 544 U.S. 320 (2005). In this case, Elizabeth represented the AARP in its effort to protect retirement accounts from banks and other creditors who wanted to try to take them away from people who have gone broke. The Supreme Court ruled in favor of Elizabeth’s position.
• Till v. SCS Credit Corp., 541 U.S. 465 (2004). In this case, Elizabeth represented the AARP to make sure that when people go broke, they have a better chance of hanging on to their car when the bank wants to take it away. The Supreme Court ruled in favor of Elizabeth’s position.
• FCC v. NextWave Personal Communications, 537 U.S. 293 (2003); see also In re FCC, No. 99-5063 (petition for rehearing and petition for rehearing en banc, 2d Cir. 2000). In this case, Elizabeth came in on the side of a company that was trying to reorganize so it could meet its obligations and pay pension fund investors and hundreds of small businesses that depended on it. The Supreme Court ruled in favor of Elizabeth’s position.
• Bank of America Nat’l Trust Assn. v. 203 North LaSalle Street Partnership, 526 U.S. 434 (1999). In this case, Elizabeth fought to give small business owners a chance to hang on to their businesses when they’re in financial trouble and the bank tries to take the business away from them. The Supreme Court ruled against Elizabeth’s position.
• In re Chateaugay, No. 95-63 (1995). In this case, Elizabeth asked the Supreme Court to reverse a lower court’s ruling that limited the ability of future employees, retirees, and victims to receive any compensation at all from bankrupt companies. The Supreme Court declined to hear the case.
UNITED STATES COURTS OF APPEALS
• Cadle Co. v. Schlichtmann, 267 F.3d 14 (1st Cir. 2001). In this case, Elizabeth helped the counsel of record for a well-known Massachusetts environmental lawyer trying to hold on to some of his earnings after he went broke fighting companies that were dumping toxic waste in Woburn. The First Circuit ruled against the lawyer.
• Falise v. American Tobacco Co., 229 F.3d 1135 (2d Cir. 2000). In this case, Elizabeth fought the tobacco companies to get more money for asbestos victims. The Second Circuit dismissed the appeal.
• In re National Gypsum Co., 219 F.3d 478 (5th Cir. 2000), cert. denied sub nom NGC Settlement Trust v. National Gypsum Co., 121 S.Ct. 2238 (2001). In this case, Elizabeth argued that a company had unfairly evaded paying asbestos victims. She sought to ensure that those victims would be able to collect fair compensation from the company. The Fifth Circuit ruled against Elizabeth’s position, and the Supreme Court declined to hear the case.
• In re Cajun Electric Power Cooperative, 150 F.3d 503 (5th Cir. 1998), cert. denied sub nom Mabey v. Southwestern Electric Power Co., 119 S.Ct. 2019 (1999). In this case, Elizabeth represented a company that offered a plan to help save a bankrupt rural power cooperative. The company also helped defray litigation costs for some members of the cooperative. Elizabeth sought to preserve the plan to save the company, and the Fifth Circuit ruled in favor of Elizabeth’s position.
UNITED STATES BANKRUPTCY COURT
• In re Fairchild Aircraft Corp., 184 B.R. 910 (Bankr. W.D. Tex. 1995), vacated 220 B.R. 909 (Bankr. W.D. Tex. 1998). This was a tragic case, involving a plane crash that killed four people. The NTSB and a jury found that the aircraft manufacturer was not at fault. Elizabeth got involved to try to protect hundreds of jobs at the company after new investors had saved it from closing its doors and laying off its workers. In the end, the company survived and 1,000 people had jobs because of it. The bankruptcy court initially ruled against Elizabeth’s position but later vacated that decision.
• In re P.A. Bergner & Co., 187 B.R. 964 (Bankr. E.D. Wis. 1995), aff’d in part and rev’d in part sub nom Matter of P.A. Bergner & Co., 140 F.3d 1111 (7th Cir. 1998); see also In re P.A. Bergner & Co., No. 95-1087 (E.D. Wisc., opened 1995). In this case, Elizabeth fought to make sure that a well-known chain of department stores could stay alive and pay its creditors. Elizabeth succeeded, and the company continued to employ people across its many stores.
• Central and South West Corp. v. El Paso Electric Co., No. 95-1108 (Bankr. W.D. Tex., filed 1995); El Paso Electric Co. v. Central and South West Corp., No. 95-1120 (Bankr. W.D. Tex., filed 1995); see also El Paso Electric Co. v. Central and South West Corp., Nos. 95-708, -709 (W.D. Tex., filed 1995). This was a case between two companies, one of which was bankrupt, and concerned a failed merger between them. Elizabeth represented one of the companies, and the parties eventually settled.