Editor's Note: As the Supreme Court considers the bankruptcy of Purdue Pharma and whether the nonconsensual nondebtor releases …
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Institutional Capture: Why We’re Overdue for a New Bankruptcy Act
By Jessica Graham (Harvard Law School) Injustice does not exist only in matters of civil rights, human dignity, and economic …
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How Do Bankruptcy Grifters Destroy Value in Mass Tort Settlements? In re Purdue Pharma as a Bargaining Failure
By Jason Jia-Xi Wu (Harvard Law School '23) Bankruptcy has become the endgame of mass tort litigation. Increasingly, …
[Purdue Pharma Bankruptcy Series] Oral Argument Summary + Thoughts
Editor's Note: On December 4, 2023, the Supreme Court heard oral argument in the Purdue Pharma bankruptcy. The Bankruptcy …
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Purdue Pharma Supreme Court Decision: Harvard Law School Bankruptcy Roundtable and Reorg Podcast
By Professors Ralph Brubaker (University of Illinois College of Law), Anthony Casey (University of Chicago Law School), and …
[Purdue Pharma Bankruptcy Series] Respondent Briefs (Respondent and pro-release parties)
Editor’s Note: On December 4, 2023, the Supreme Court is scheduled to hear oral argument in the bankruptcy case of Purdue Pharma …
[Purdue Pharma Bankruptcy Series] Petitioner Briefs (US Trustee and other anti-release parties)
Editor’s Note: On December 4, 2023, the Supreme Court is scheduled to hear oral argument in the bankruptcy case of Purdue Pharma …
[Purdue Pharma Bankruptcy Series] Second Circuit Affirms Permissibility of Nonconsensual Third Party Releases in Purdue Pharma Case
Editor's Note: On August 10, 2023, the Supreme Court of the United States agreed to hear the appeal of the bankruptcy of …
[Purdue Pharma Bankruptcy Series] The Rule of the Deal: Bankruptcy Bargains and Other Misnomers and Sorting Bugs and Features of Mass Tort Bankruptcy
Editor's Note: On August 10, 2023, the Supreme Court of the United States agreed to hear the appeal of the bankruptcy of Purdue …
[Purdue Pharma Bankruptcy Series] Senate Judiciary Committee Subcommittee Hearing on “Evading Accountability: Corporate Manipulation of Chapter 11 Bankruptcy”: A Recap
Editor's Note: On August 10, 2023, the Supreme Court of the United States agreed to hear the appeal of the bankruptcy of …
[Purdue Pharma Bankruptcy Series] Are Third-Party Releases Proper?
Editor's Note: On August 10, 2023, the Supreme Court of the United States agreed to hear the appeal of the bankruptcy of Purdue …
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Silencing Litigation Through Bankruptcy
By Pamela Foohey (Yeshiva University - Benjamin N. Cardozo School of Law) and Christopher K. Odinet (University of Iowa - College …
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In Defense of Chapter 11 for Mass Torts
By Anthony J. Casey and Joshua Macey (University of Chicago Law School) Recent high-profile bankruptcies involve the use of …
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Generalized Creditors and Particularized Creditors: Against a Unified Theory of Standing in Bankruptcy
By Jeanne L. Schroeder and David Gray Carlson (Benjamin N. Cardozo School of Law) Courts have struggled toward a unified …
Bankruptcy Amnesia
By Jonathan Lipson (Temple University Beasley School of Law) [Editor's Note: The author represented, on a pro bono basis, an …
Please Don’t Forget the Victims: Mass Torts, Third Party Releases and the U.S. Bankruptcy Code
By Marshall S. Huebner and Marc J. Tobak (Davis Polk & Wardwell LLP) [Editor's Note: The authors, along with other …
“A Bitter Result”: Purdue Pharma, a Sackler Bankruptcy Filing, and Improving Monetary and Nonmonetary Recoveries in Mass Tort Bankruptcies
By William Organek (Harvard Law School) Purdue Pharma, the maker of OxyContin, filed for bankruptcy in 2019 to resolve …
Scarlet-Lettered Bankruptcy: A Public Benefit Proposal for Mass Tort Villains
By Samir D. Parikh (Lewis & Clark Law School) Financially distressed companies often seek refuge in federal bankruptcy …
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Congressional Committees Propose Changes to Bankruptcy Code Prohibiting Non-Consensual Releases of Third Parties and Limiting Other Important Bankruptcy Tools
By Michael J. Cohen, Michael A. Rosenthal & Matthew J. Williams (Gibson Dunn) The recent decision in In re Purdue Pharma did …
Mandatory Aggregation of Mass Tort Litigation in Bankruptcy
By Ralph Brubaker (James H.M. Sprayregen Professor of Law, University of Illinois College of Law) The recent decision in In re …
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