Mass Torts

NO CLE - ABI-Live: SCOTUS Crossfire: Will Purdue Be the Last Mass Tort Bankruptcy?

Submitted by mlukban on Thu, 2023-10-05 12:59

The Supreme Court on Aug. 10 granted an emergency application for a stay and granted certiorari in the case of Harrington v. Purdue Pharma L.P. The Court will consider whether the Bankruptcy Code authorizes a court to approve, as part of a plan of reorganization under chapter 11 of the Bankruptcy Code, a release that extinguishes claims held by nondebtors against nondebtor third parties without the claimants’ consent. The case is scheduled to be argued in the December 2023 argument session.

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NO CLE - Mass Torts: Beyond the Headlines

Submitted by mlukban on Fri, 2023-08-18 16:22

This panel will discuss features of mass tort cases — including stays of actions and discovery against nondebtors, releases for nondebtors, the role of future claims representatives, and insurance neutrality — and the effects of recent case law.

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NO CLE - From Johns-Manville to LTL (and Beyond?): Do Mass-Tort Bankruptcies Have a Future — and Should They?

Submitted by mlukban on Tue, 2023-08-01 12:56

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NO CLE - Mass Torts and Insurance Issues

Submitted by mlukban on Tue, 2023-06-20 20:15

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NO CLE: Judges’ Roundtable & Fireside Chat

Submitted by mlukban on Fri, 2023-02-10 23:16

Regional judges will strive to answer questions on current issues.

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NO CLE - 2022 Views from the Bench: Great Debates

Submitted by mlukban on Fri, 2022-09-30 21:32

Two pairs of judges square off to consider (1) whether bankruptcies can be properly filed when a debtor faces a deluge of potential tort claims and (2) whether bankruptcy courts can support plans regarding certain special fee and financing arrangements for debtors.

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NO CLE - Tort Settlements: Undisclosed Assets

Submitted by mlukban on Mon, 2022-07-25 17:01

The petition is filed. At the § 341 meeting, the trustee asks the debtor whether there have been any personal-injury actions, whether the debtor has the right to sue someone, and whether the debtor inherited any assets 180 days prior to the petition date or within 180 days after the petition date. However, debtor clients often intentionally or inadvertently fail to disclose an asset. This panel will explore best practices for dealing with these and other post-filing litigation pitfalls, and for handling cases where there are undisclosed or undiscovered assets.

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NO CLE - Mass Tort Tidal Wave

Submitted by mlukban on Thu, 2022-07-07 10:16

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NO CLE - Mass-Tort Cases: Recurring Issues

Submitted by mlukban on Mon, 2022-06-27 16:59

This panel will discuss recurring issues related to mass tort cases, including the automatic stay, third-party releases (Sun Edision, Midway Gold, Purdue), venue-selection and estimation. The panelists will also offer an analysis of such key recurring issues as the use and propriety of bankruptcy for solvent debtors, and bankruptcy abuse vs. bankruptcy planning.

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NO CLE - Texas Two-Step of Tort Liability (J&J)

Submitted by mlukban on Wed, 2022-05-25 12:50

Over the past decade, companies burdened with significant asbestos and other tort liability have utilized the so-called “Texas Two-Step” strategy to separate those tort liabilities from core assets and resolve them through the chapter 11 bankruptcy process. This session will cover isolating liabilities to preserve ongoing value with mass torts and corporate side changes, and subsequent bankruptcy issues, including venue, ongoing operations, valuations and third-party releases.

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