mass tort

3M Unit Bankruptcy Toss Is Second Blow to Mass Tort Defense Play

The termination of 3M Co. unit Aearo Technologies LLC’s bankruptcy casts fresh doubt on the tactic of using Chapter 11 bankruptcy as a legal strategy in mass tort litigation, likely emboldening plaintiffs.

The June 9 decision from Judge Jeffrey J. Graham of the US Bankruptcy Court for the Southern District of Indiana hewed closely to the US Court of Appeals for the Third Circuit’s analysis earlier this year in its dismissal of a Johnson & Johnson subsidiary’s bankruptcy on similar grounds.

The two rulings are a pair of major setbacks for solvent companies eyeing bankruptcy to handle mass tort liabilities—a practice that has seen substantial growth in recent years.

Graham’s decision, along with the Third Circuit’s ruling on J&J unit LTL Management LLC, creates “hurdles that may be absent from the bankruptcy code,” said attorney Douglas Mintz of Schulte Roth & Zabel LLP.

“I think the biggest application here is it will empower plaintiffs to push more aggressively outside of bankruptcy and leave tort defendants with fewer tools in their toolbox or less certainty that one of the tools will work,” Mintz said.

Graham held that Aearo’s attempt to use bankruptcy to settle approximately 230,000 lawsuits over allegedly defective military

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June 15, 2023 by ATTORNEY

3M’s Aearo scores quick appeal of bankruptcy court’s ruling on earplug MDL

(Reuters) – By the end of 2023, we should have a much better idea about whether companies facing vast mass torts exposure can use the bankruptcy system to sidestep multidistrict litigation in federal court.

On Wednesday, the 7th U.S. Circuit Court of Appeals granted a petition by 3M Co subsidiary Aearo Technologies LLC to review a bankruptcy court’s decision refusing to block MDL litigation against the parent company despite Aearo’s Chapter 11 bankruptcy.

The 7th Circuit order means that Aearo will not have to first challenge the ruling by U.S. Bankruptcy Judge Jeffrey Graham of Indianapolis in federal district court, which is usually the first stop for bankruptcy appeals. Instead, Aearo can tell the 7th Circuit directly why it believes that more than 200,000 combat veterans should not be permitted to continue litigating their claims against 3M for selling allegedly defective earplugs in an MDL in Pensacola, Florida.

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The 3rd Circuit, as you probably recall, is weighing a parallel case. That court heard oral arguments last month about whether the bankruptcy of a Johnson & Johnson subsidiary can halt nearly 40,000 claims that J&J’s talc products

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October 15, 2022 by ATTORNEY

Bankruptcy as MDL escape hatch? Not so fast, judge tells 3M in ‘surprise’ decision

The 3M logo is seen at its global headquarters in Maplewood, Minnesota, U.S. on March 4, 2020. Picture taken March 4, 2020. REUTERS/Nicholas Pfosi/File Photo

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(Reuters) – A federal bankruptcy judge in Indianapolis jolted 3M Co on Friday, ruling that scores of thousands of military veterans who claim hearing loss from 3M earplugs can continue to litigate their claims against 3M, despite the July 26 bankruptcy of several 3M subsidiaries. The company’s shares, as my colleague Dietrich Knauth reported, dropped 12% Friday and continued falling on Monday morning.

But the decision’s implications extend beyond 3M and the earplug multidistrict litigation. The ruling by U.S. Bankruptcy Judge Jeffrey Graham of Indianapolis should also be a warning to other MDL defendants: A subsidiary’s bankruptcy may not be the escape hatch you’re hoping for.

Graham’s ruling took even seasoned bankruptcy observers such as law professor Lindsey Simon of the University of Georgia School of Law by surprise, since courts frequently agree to extend litigation stays to the parents of bankruptcy subsidiaries. Reuters, for instance, has reported extensively on the so-called Texas two-step, in which solvent companies dump mass tort liability into a newly created

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September 10, 2022 by ATTORNEY

16 Top Bankruptcy Lawyers Poised to Earn Millions As the Economy Turns

  • Corporate bankruptcies have hit rock bottom, with just 143 filings this year as of May.
  • But inflation, rising rates, and the “crypto winter” are creating a financial strain.
  • Here are 16 lawyers who may benefit as more companies negotiate with lenders and restructure their debt.

Lawyers who specialize in bankruptcies and debt restructurings have not seen many new cases in court for more than a year — but some are betting that’ll soon change.

Bankruptcy filings, which have been on a downward spiral since last year, continue to slump.  As of May, there were just 143 corporate bankruptcy filings, putting bankruptcies on pace for a record low. In 2021, there were just 410 filings, down from 640 in 2020, according to an S&P Global Market Intelligence report in June.

But there are pockets of activity, and more than a dozen top restructuring practitioners told Insider they expected more out-of-court workouts and new Chapter 11-protection filings over the next year. Conference-room negotiations between companies and their lenders, which tend to precede filings, are picking up speed, the lawyers said. 

Supply-chain problems, the uncertainty of the COVID-19 pandemic, inflation, and a decline in consumer confidence are likely to

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August 6, 2022 by ATTORNEY
December 2024
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