Catch and Release: What Every Lawyer Should Know About Mass Tort Bankruptcies and the Controversial Use of Nonconsensual Third-Party Releases
This program will examine developments in mass tort bankruptcy proceedings and the controversy surrounding the use of nonconsensual third-party releases to bar claims. Our presenter will elucidate:
Bankruptcy Court Jurisdiction & Authority: Consider the jurisdiction of bankruptcy courts and their authority to adjudicate related claims and issues, under the Bankruptcy Clause of the United States Constitution and following the U.S. Supreme Court's pivotal decision in Stern v. Marshall. Special emphasis will be placed on decisions assessing bankruptcy court jurisdiction in mass tort proceedings.
Evolution and Controversies of Third-Party Releases: Examine the historical progression of both consensual and nonconsensual third-party releases in bankruptcy-from the asbestos-related cases of the late 20th century to the opioid epidemic cases of today.
Split of Circuit Authority: Understand the split of authority amongst federal appellate courts as to the legality and appropriateness of nonconsensual third-party releases, including variants in standards for approval.
Ethical & Practical Implications: Engage in a robust discussion on the ethical quandaries and practical ramifications surrounding nonconsensual third-party releases. This segment will draw from notable bankruptcy cases, including Purdue Pharma, Mallinckrodt, and Endo International. opioid epidemic liability, to highlight the controversies and debates in the field.
The seminar will intersperse a structured lectures with a dedicated Q&A segment, ensuring an interactive and comprehensive learning experience. Attendees will depart with a well-rounded understanding of third-party releases in bankruptcy, encompassing jurisdictional challenges, ethical considerations, and the ongoing controversies in the realm.