Trillions Of Dollars In Civil Penalties: “Exhibit A” On Johnson & Johnson’s Need For Bankruptcy

By: Donald L Swanson "Trillions of dollars": That's the amount of civil penalty claims a group of 40 States are asserting against Johnson & Johnson for consumer protection law violations.  [Fn. 1] Such civil penalty claims: are independent of, and in addition to, any claims of individuals who used Johnson & Johnson’s talc products; andarise from... Continue Reading →

Bankruptcy: The BEST Way To Address Mass-Tort Claims Against Johnson & Johnson (In re LTL)

The BEST way? (Photo by Marilyn Swanson) By: Donald L Swanson Johnson & Johnson (“J&J”) sold baby powder for decades.  Today, J&J is facing tens of thousands of lawsuits alleging that its baby powder causes cancer.  And the number of new cancer claimants is increasing daily—with many thousands yet to be identified over decades to come.... Continue Reading →

Johnson & Johnson: A Bankruptcy Filed In Good Faith

Good faith activity? (Photo by Marilyn Swanson) By: Donald L Swanson Johnson & Johnson and its affiliates (“J&J”) have been selling baby powder for decades. Along the way, studies began showing that talc in J&J’s baby powder can cause ovarian cancer and mesothelioma.  So, since 2016, over 38,000 lawsuits have been filed against J&J contending its... Continue Reading →

Compensating Mediators: Procedural Guidance From Sears v. Lampert

Procedural guidance? (Photo by Marilyn Swanson) By Donald L. Swanson How are private practice mediators compensated in a bankruptcy case—procedurally? We have a new court order providing guidance on how such procedures can work. The new guidance is from Sears Holding Corp. v. Lampert (In re Sears Holdings Corp.), Adv. Pro. No. 19-08250, SDNY Bankruptcy Court. ... Continue Reading →

Subchapter V Trustees: Satisfying The § 1183(b)(3) Duty To “Appear And Be Heard”

Appearing and being heard? (Photo by Marilyn Swanson) By: Donald L Swanson "The trustee shall . . . appear and be heard at . . . any hearing that concerns . . . the value of property . . . confirmation of a plan . . . sale of property." § 1183(b)(3) (emphasis added). In every... Continue Reading →

Honesty, the Small Cheat, and Reputation

By: Donald L Swanson Business people value their reputations because they take pride in their good names, and “not for some nebulous financial gain.” They: are guided “by their consciences”; and avoid cheating and “keep promises” because they “believe it is right to do so, not because it is good business.” [Fn. 1] The internal drive... Continue Reading →

Precedential Value Of 1885 Supreme Court Opinion On Bankruptcy Discharge Issue? (Bartenwerfer v. Buckly)

Ancient tool with limited present value (photo by Marilyn Swanson) By Donald L. Swanson How much precedential value does an 1885 opinion of the U.S. Supreme Court deserve on a bankruptcy discharge issue? That’s a central question in the Petition for a Writ of Certiorari before the U.S. Supreme Court in Bartenwerfer v. Buckly, Case No.... Continue Reading →

Mediators: Reject A Binary Equation — “Either This Or That” (In re City of Detroit)

“Either this or that” (photo by Marilyn Swanson) By Donald L. Swanson Here’s an important rule for mediators: When the parties try to present you with a binary equation—“either this or that”—reject it; insteadGet the parties involved in the process with you—try to help think your way out of the binary box they are trying to... Continue Reading →

Fruit Of A Rotten Tree: Bankruptcy Administrator Districts And U.S. Trustee Districts (Siegel v. Fitzgerald)

A healthy tree? (photo by Marilyn Swanson) By: Donald L Swanson Does a rotten tree produce good fruit?   That’s the bankruptcy issue before the U.S. Supreme Court in Siegel v. Fitzgerald, where the Question is this: “Whether the Bankruptcy Judgeship Act violates the uniformity requirement of the Bankruptcy Clause by increasing quarterly fees solely in... Continue Reading →

Justice Breyer: Fighting To The End (Badgerow v. Walters)

By: Donald L Swanson Justice Stephen G. Breyer is set to retire from the U.S. Supreme Court in a few months. But he’s not easing into retirement.  Instead, he’s out there swinging—fighting for his beliefs: trying to instruct / persuade current and future jurists on how the law should be applied. Justice Breyer’s latest punch is... Continue Reading →

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