Based on Limited Jurisdiction, the Second Circuit Limits Claims of Tronox Mass Tort Victims to a Trust

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)

The Second Circuit on March 20, 2017 ruled that it has no jurisdiction to decide whether more than 4,300 individual plaintiffs are barred by an anti-suit injunction from suing the successor to Tronox ("New Kerr-McGee") for injuries they blame on toxic emissions from a Tronox wood-treatment plant. In re Tronox, Inc., ___ F.3d ____, 2017 WL 1403001 (2d Cir. Apr. 20, 2017).

A 2014 settlement agreement approved in the bankruptcy had produced more than $5 billion from New Kerr-McGee, of which . . .

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