Abbe R Gluck, Elizabeth Chamblee Burch and Adam S Zimmerman, ‘Against Bankruptcy: Public Litigation Values Versus the Endless Quest for Global Peace in Mass Litigation’, 133 Yale Law Journal Forum 525 (2024). By the end of this Term, SCOTUS must decide what to do about the mammoth Purdue Pharma bankruptcy settlement. If allowed to go forward, the $10 billion deal will not only resolve claims against the company, it will shield the Sackler family – the company’s former owners – from any further liability for their role in the opioid crisis. The deal has generated a great deal of discussion, much of it focused on the legality and wisdom of that third-party release. The authors of ‘Against Bankruptcy’ take a broader view, asking a set of critical questions about the proper role of bankruptcy in the resolution of mass torts. ‘What’s to be gained and what’s to be lost by the turn to bankruptcy?’ … (more)
[Maureen Carroll, JOTWELL, 19 March 2024]
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