How will litigated claims be handled?
A72. The Plan establishes a Litigation Facility to handle the claims of all personal injury claimants who choose not to settle. The Litigation Facility will be under the jurisdiction of the United States District Court for the Eastern District of Michigan (the district in which the bankruptcy is currently pending). We will ask that Court to approve a case management order, already agreed to between Dow Corning and the Tort Claimants Committee, describing steps that will be taken to resolve claims through litigation. The parties’ intention is to preserve claimants’ right to litigate under procedures similar to those in the non-bankruptcy civil justice system. There will also be a Special Master assisting the Court in managing the opt-out cases.
