By Marshall S. Huebner and Kate Somers (Davis Polk & Wardwell, LLP) Since the U.S. Supreme Court issued its ruling …
Continue Reading about Opting into opting out: Due process and opt-out releases
[Purdue Pharma Bankruptcy Series] Mass Torts, The Bankruptcy Power, and Constitutional Limits on Mandatory No-Opt-Outs Settlements
Editor's Note: We're pleased to continue our series of original content on the implications of the Supreme Court's ruling in the …
[Purdue Pharma Bankruptcy Series] What Happens After the Supreme Court’s Debacle in Purdue Pharma?
Editor's Note: We're pleased to continue our series of original content on the implications of the Supreme Court's ruling in the …
[Purdue Pharma Bankruptcy Series] The End(s) of Bankruptcy Exceptionalism: The Future of Mass Tort Reorganization After Purdue Pharma
Editor's Note: We're pleased to continue our series of original content on the implications of the Supreme Court's ruling in the …
Mass Tort Bankruptcy Goes Public
By Professor William Organek (Zicklin School of Business, Baruch College) Large companies like 3M, Johnson & Johnson, …
[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 …
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 …
[Texas Two-Step and the Future of Mass Tort Bankruptcy Series] Is the Texas Two-Step a Proper Chapter 11 Dance?
By David Skeel (University of Pennsylvania Carey Law School) Note: This is the fifth in a series of posts on the Texas Two-Step, …
[Texas Two-Step and the Future of Mass Tort Bankruptcy Series] Upending the Traditional Chapter 11 Bargain
By Jared A. Ellias (University of California, Hastings College of the Law; Harvard Law School) Note: This is the third in a …