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SCOTUS Curtails Third-Party Releases, Prospectively Derails Mass Tort Chapter 11 Plans

In perhaps the most significant Supreme Court bankruptcy ruling since Stern v. Marshall, the Supreme Court today—by a 5-4 majority—overruled the Second Circuit’s approval of the Purdue Pharma Chapter 11 plan and its...more

Supreme Court Endorses Broad Insurer Standing in Bankruptcy Reorganizations

The Supreme Court reversed the Fourth Circuit Court of Appeals in favor of insurance companies in a unanimous decision written by Justice Sotomayor. In short, the United States Supreme Court held today that insurers facing...more

Supreme Court Hits the Brakes on Boy Scouts Chapter 11 Plan

In a terse last-minute order, the United States Supreme Court stayed implementation of the Boy Scouts of America’s (“BSA”) confirmed Chapter 11 plan, which would have stripped thousands of survivor claimants of their ability...more

Third-Party Releases Headed to SCOTUS on Rocket Docket Following Rare Civil Stay of Purdue Pharma Plan Confirmation

The Purdue Pharma bankruptcy case is going to Washington. In a rare civil stay ruling from the highest court in the land, the United States Supreme Court stayed the recent decision of the Second Circuit Court of Appeals,...more

Third-Party Releases Possibly Headed To Scotus Following Purdue Pharma Plan Confirmation

The Second Circuit’s decision on May 30, 2023, to reverse the Southern District of New York’s (SDNY) decision and uphold the Bankruptcy Court approval of third-party releases in the Chapter 11 plan of Purdue Pharmaceuticals...more

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