In February, Judge Alfred Wolin, the district court judge who is presiding over the asbestos personal injury issues in the USG bankruptcy case, denied a motion by USG to remove him from the case. USG plans to seek review of the decision in the Third Circuit Court of Appeals.

In November 2003, the company and the Official Committee of Unsecured Creditors in USG's bankruptcy cases filed motions to remove Judge Wolin from presiding over the company's cases. Certain creditors brought similar motions for removal in other asbestos-related bankruptcy cases assigned to Judge Wolin. Judge Wolin denied all of these motions in the decision issued.