Supreme Court Ruling Reshapes Future of Mass Tort Bankruptcy Settlements: Purdue Pharma Case Unravels Traditional Protections for Insurers

Washington, D.C. — In a landmark decision, the U.S. Supreme Court has issued a ruling that will reshape the landscape of bankruptcy law, particularly affecting how companies deal with mass tort liabilities through Chapter 11 bankruptcy cases. This decision notably impacts liability insurers who often resort to bankruptcy proceedings to resolve large-scale legal claims. At the center of this pivotal case is Purdue Pharma, the pharmaceutical giant behind OxyContin. This drug, marketed as a time-released painkiller, became wildly popular, turning into the most prescribed opioid in the United States. This, however, came at a steep … Read more

Legacy of Courage: A Young Black Lawyer’s Refusal to Conform Reshapes Our Understanding of Justice

New York, NY – The layers of history echoing through the legal profession are tumultuous and polarized, marked by individuals who risked everything to understand the very laws that oppressed them. From enslaved individuals surreptitiously learning the legal codes of bondage to the young black girls braving hate-filled mobs to desegregate schools, these figures leveraged knowledge as a means of resistance, continuously striving for justice in an unjust system. Yet, today’s legal landscape paints a starkly different picture—one of potential moral capitulation as the profession appears increasingly intertwined with burgeoning authoritarian interests. Throughout recent years, … Read more

Supreme Court Decision Reshapes Landscape of Bankruptcy Law, Ending Non-Consensual Third-Party Releases in Chapter 11 Cases

WASHINGTON — The U.S. Supreme Court recently delivered a landmark decision that shook the foundations of bankruptcy law, specifically addressing the contentious issue of non-consensual third-party releases. The court’s ruling in Harrington v. Purdue Pharma L.P. categorically denies the use of these releases under the U.S. Bankruptcy Code, except in asbestos-related cases. This decision not only has profound implications for future bankruptcy cases but also undermines a tool long used to settle mass tort litigations effectively. Previously regarded as an extraordinary legal maneuver, non-consensual third-party releases had become widespread in Chapter 11 bankruptcy plans, including … Read more

New EU Directive Reshapes Product Liability: Expanded Definitions and Shifted Burden of Proof Could Herald Surge in Mass Tort Claims

London — In a recent legal analysis, Buvini Kularatne, a prominent London-based finance and restructuring partner, discussed significant updates to the European Union’s product liability laws, explaining how these changes are designed to address the complexities of modern technology, including digital services and artificial intelligence. In her article for “Global Turnaround,” Kularatne examines the EU’s new Directive on Liability for Defective Products (PLD), poised to reshape the legal landscape across Europe. The revised directive aims to modernize the existing framework to better accommodate the needs of the digital age. A particularly critical update is the … Read more