Mass Torts

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.

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.

Regional judges will strive to answer questions on current issues.