Supreme Court to Decide on Unconventional Bankruptcy Maneuver in Public Harms Litigation
Washington, D.C. – In an era of unprecedented civil procedure tactics, corporations facing public harm litigation are increasingly turning to bankruptcy court as an alternative to traditional civil litigation. From the Catholic Diocese and Boy Scouts in abuse cases to Johnson & Johnson’s talc litigation, corporations are leveraging bankruptcy’s special powers to address pending claims that traditional tort litigation has failed to resolve efficiently. The Supreme Court is set to hear Purdue Pharma’s bankruptcy deal, which raises questions about the effectiveness of using bankruptcy court in resolving public health crises and whether it circumvents the … Read more