Mass Torts

This panel will analyze three major Supreme Court bankruptcy decisions (Kaiser Gypsum, Purdue Pharma and John Q. Hammons Fall) issued during its 2023-24 term, and the implications of these decisions for pending and future bankruptcy cases.

In the 2022 and 2023 Supreme Court terms, there have been three or four bankruptcy cases on the docket in each term, as opposed to the more normal one case every year or even every other year. Cases have included both very significant issues that may have far-ranging effects, as in Harrington v. Purdue Pharma L.P. (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), and more discrete issues that could have limited impact, as in Office of the U.S. Trustee v. John Q. Hammons Fall 2006, LLC (whether to require the U.S. Trustee to issue refunds for the extra fees paid by debtors in certain districts to address the lack of uniformity identified in Siegel v. Fitzgerald). This panel will discuss these Supreme Court cases from the last two terms.

Regional judges will strive to answer questions on current issues.

Join Bill Rochelle as he provides us with the highlights we need to know about emerging cases from the Supreme Court, Tenth Circuit and more!

This panel will analyze important bankruptcy matters that are pending before the Supreme Court, particularly Kaiser Gypsum and Purdue Pharma.

Under the SDNY ruling in Purdue, the extent of consideration paid to third-party releases is a factor in approving such releases. This panel will explore current trends in valuing contributions by affiliates, insurers and other guarantors in mass tort cases.

Do bankruptcy courts have jurisdiction to enter nonconsensual releases under any circumstance? This panel will explore this question and more.

This panel will discuss the current status of nonconsensual third-party releases (Purdue, Aearo, Boy Scouts, LTL), good faith and financial distress, alternatives to nonconsensual releases, international comparisons, preservation and impact of insurance, and case administration issues that include obtaining consent, conflicts among claimants represented by a single firm, and preservation of a claimant’s “day in court.”

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. Hear experts on both sides of the issue as they prognosticate on how the use of third-party releases may unfold before the Supreme Court.