NonConsensual

Supreme Court Blocks Nonconsensual Third-Party Bankruptcy Releases, Reshaping Chapter 11 Landscape

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Washington, D.C. — The Supreme Court has handed down a significant decision on June 27, 2024, that changes the landscape of bankruptcy law, particularly how claims against third parties are handled in Chapter 11 reorganization cases. The court ruled in a 5-4 decision across ideological lines, prohibiting the inclusion of nonconsensual third-party releases in Chapter 11 reorganization plans, a practice that had previously allowed for the discharge of claims against nondebtors without their consent. Justice Neil Gorsuch, writing for the majority, which included Justices Clarence Thomas, Samuel Alito, Amy Coney Barrett, and Ketanji Brown Jackson, … Read more

Supreme Court Restricts Nonconsensual Releases in Chapter 11 Bankruptcies, Impacting Mass Tort Litigation

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Washington, D.C. – In a significant ruling that may transform the landscape of bankruptcy law, the U.S. Supreme Court has decisively limited the use of “nonconsensual third-party releases” in chapter 11 reorganization plans. This decision, falling on a narrow 5-4 margin, rejected these provisions, which previously allowed for the involuntary release of claims against nondebtors, such as the controversial inclusion of the Sackler family in Purdue Pharma’s bankruptcy case. Delivering the majority opinion, Justice Neil Gorsuch, joined by Justices Clarence Thomas, Samuel Alito, Amy Coney Barrett, and Ketanji Brown Jackson, articulated that such releases improperly … Read more

Bucks Party Nightmare: Men Accused of Non-consensual Group Encounters in Newcastle Rental

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Sydney, Australia — A trial unfolding at the Downing Centre District Court has accused three men of committing sexual offenses against three teenagers during a bucks party weekend in a Newcastle apartment last year. Maurice Hawell, 30, his brother Marius Hawell, 22, and friend Andrew David, 30, are standing trial amidst serious allegations of sexual assault stemming from events that reportedly began consensually but escalated to non-consensual activities. Prosecutors argue that the incidents in question began on a Friday night in February 2022, when a group including the accused and seven other men invited women … Read more

Indigenous Canadians File Lawsuit Alleging Non-Consensual Medical Experiment, Revealing Troubling History of Healthcare Discrimination

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ALMA, CANADA — A class-action lawsuit has been filed by members of the Pictou Landing First Nation, claiming that they were subjected to a secret medical experiment without their consent. The lawsuit, recently certified by the Nova Scotia Supreme Court, highlights the ongoing concerns regarding Canada’s history of medical experimentation on indigenous peoples and the discrimination they face within the healthcare system. According to the statement of claim, Chief Andrea Paul and 60 other members of the First Nation underwent an MRI for a medical research project in 2017. However, Chief Paul alleges that she … Read more