Justices to review novel bankruptcy maneuver in public harms litigation
SCOTUSBlog
DECEMBER 3, 2023
Bankruptcy and its special powers are being used to compensate for what some court filings call the “ failure ” of tort litigation to efficiently and fully resolve all pending claims. Although the statute formally allows for only pre-trial consolidation, 99% of cases consolidated into MDL settle. Trustee argues is different.
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