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Mass Tort Defendants Exploit Chapter Guidelines To Keep away from MDL

Law360 (Apr 14, 2021, 3:14 p.m. EDT) – A renewed emphasis on accountability has sparked a new iteration of mass disputes.

The bankruptcies of Purdue Pharma LP, Boy Scouts of America, USA Gymnastics, and Takata Corp. – in US bankruptcy courts for the Southern District of New York, the Delaware District, the Southern Indiana District, and the Delaware District – are just four examples.[1]

These cases represent different material and resolution obstacles, but have one thing in common: insolvency prevention. In fact, these defendants have filed for bankruptcy for tortious reasons – just not for what you might think.

The bankruptcy requirement allowed these defendants …

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