PESRM and the PES Liquidating Trust, along with Westport, XL, Allianz, HDI, Zurich and Lloyds syndicates, filed a lawsuit against B&W in Pennsylvania state court, asserting negligence, strict liability, and breach of implied warranties. B&W, in turn, sought to dismiss the lawsuit in bankruptcy court, arguing that its 2000 Chapter 11 reorganization plan discharged all such claims.