Mass

Supreme Court Decision Reshapes Bankruptcy Strategy, Limits Liability Shields for Non-Debtors in Mass Tort Settlements

by

New York — A recent Supreme Court decision has potentially narrowed the utility of bankruptcy as a tactic for resolving extensive lawsuits, impacting strategies employed by large organizations such as the Catholic dioceses, Boy Scouts of America, and opioid manufacturers. The ruling denied the ability of bankruptcy courts to clear legal claims against affiliated parties that have not themselves sought bankruptcy protection, a strategy previously available and frequently utilized in mass tort litigation. Historically, bankruptcy courts have offered valuable tools for entities crushed by substantial legal challenges. These tools include a stay on existing litigation, … Read more

Supreme Court Decision Challenges Traditional Bankruptcy Shields, Shakes Up Mass Tort Settlements

by

New York — A recent Supreme Court decision could make bankruptcy a less favorable option for companies looking to settle massive legal battles. This landmark ruling rejected OxyContin manufacturer Purdue Pharma’s Chapter 11 settlement, impacting the way courts handle legal claims against third parties who haven’t filed for bankruptcy themselves. Bankruptcy courts have historically provided several mechanisms that facilitate the resolution of large-scale litigation, such as the ability to halt ongoing lawsuits and force unwilling claimants to adhere to settlements. These tools have been used in a variety of cases, including those involving allegations of … Read more

Supreme Court Decision on Purdue Case Raises Complexities for Mass Tort Resolutions in Bankruptcy

by

Washington, D.C.—A recent Supreme Court decision concerning Purdue Pharma has set a new precedent that may substantially impact how mass tort liabilities are managed in bankruptcy cases across America. This ruling comes amidst a significant legal challenge concerning the restructuring of Purdue Pharma, the pharmaceutical giant largely blamed for its role in the opioid epidemic. The court’s decision complicates the path for companies seeking bankruptcy protection as a strategy to resolve massive tort liabilities. The case centered around Purdue Pharma’s proposal to resolve thousands of lawsuits linked to the opioid crisis through a restructuring plan … Read more

Mass Torts Meets Mega Money: The Surge of Billion-Dollar Litigation Financing

by

New York — In the competitive world of high-stakes litigation, the marriage between litigation finance and mass torts is transforming the legal landscape, attracting investors with the allure of potentially astronomical returns. Litigation finance, once a niche sector, has grown into a multi-billion dollar industry, offering funding to plaintiffs and law firms engaged in large-scale legal battles over issues like pharmaceutical side effects, environmental disasters, and product liabilities. Traditionally, funding a lawsuit could be financially crippling for plaintiffs and law firms, especially in cases that stretched over years. However, with the advent of litigation finance, … Read more