The Shotgun Marriage of Bankruptcy & Mass Tort Cases (Podcast Edit)

Business/Disrupted

Boy Scouts, Purdue Pharma, and now Johnson & Johnson - all are cases that are in bankruptcy because of thousands upon thousands of negligence cases; all are typical class actions; all are in bankruptcy against the wishes of the injured parties, and all are going to have to learn to adapt because they're all staying in bankruptcy. How did mass torts end up in the bankruptcy court instead of the class action courtroom? How can a company create a subsidiary and decide that the subsidiary will be responsible for all of the claims against the parent? And what's going on with Purdue Pharma and the Sackler family's efforts to buy peace from thousands of litigants? We talk with Ed Neiger of ASK, LLP, an attorney specializing in bankruptcy and torts litigation. He represents clients in several mass tort bankruptcy cases and will discuss this awkward collision of two legal systems designed to handle claims - but in very different ways.

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