Debate

Insurer Standing in Bankruptcy Cases: A Controversial Debate that Could Impact Mass Tort Resolutions

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Houston, Texas – Insurers seeking broad standing in mass tort bankruptcy cases face opposition from legal experts. The U.S. Supreme Court is considering whether to endorse insurer standing in the case of Truck Insurance Exchange v. Kaiser Gypsum Company Inc., with some arguing that a broad view of insurer standing would eliminate obstacles to resolving insurer objections. However, experts argue that insurers’ claims are based on two fallacies and that expanding their standing would only lead to unnecessary delays in bankruptcy proceedings. The first fallacy criticized by legal experts is the notion that the goal … Read more

Supreme Court Allows Texas to Enforce Controversial Immigration Law, Sparks Debate on Federal-State Balance

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WASHINGTON (AP) — The Supreme Court has granted permission for the state of Texas to enforce a contentious law that allows state law enforcement officials to arrest individuals suspected of entering the United States illegally. The decision was made by the court on Monday, although no explanation was provided. Justice Amy Coney Barrett, in a concurring opinion joined by Justice Brett Kavanaugh, argued that the Supreme Court should not intervene in this stage because the lower court’s order, which the Biden administration sought to block, was only temporary. This ruling comes as part of a … Read more

Louisiana Legislature Passes Suite of Punitive Changes, Reignites Debate on Criminal Justice Reform

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Baton Rouge, Louisiana – Once known as the “prison capital of the world,” Louisiana had managed to shed that dubious title through criminal justice reforms in 2017. However, the state is now poised to regain that reputation as lawmakers recently passed a suite of punitive changes. These new laws, which are set to be signed by Gov. Jeff Landry, will eliminate the possibility of parole for most new convictions and increase the length of time individuals must serve before being released for good behavior. Additionally, these changes will limit the tools available to local prosecutors … Read more

Examining the Debate: Should Mass Tort Cases be Handled in Bankruptcy Court?

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WASHINGTON, D.C. – The debate over whether mass torts should be handled in bankruptcy court has gained significant attention. One recent example is the Boy Scouts of America, which faced tens of thousands of claims of child sexual abuse dating back several decades. Fearing the potential end of its operations, the organization filed for bankruptcy in 2020. Now, the proposed terms of the Boy Scouts’ bankruptcy settlement could prevent survivors from seeking justice in other courts, regardless of whether they agree to the deal. The U.S. Supreme Court is currently considering the permissibility of such … Read more