The beginning of § 524(g) By: Donald L Swanson “Were Congress to . . . intervene and expand § 524(g) beyond asbestos cases, bankruptcy would become a more suitable alternative for resolving mass tort cases. Until then, such cases will likely remain problematic under the Code in the face of creditor opposition.” From “Order Dismissing Bankruptcy... Continue Reading →

New and improved? (Photo by Marilyn Swanson) By: Donald L Swanson Johnson & Johnson filed bankruptcy back in 2021 (In re LTL Management, Case No. 21-30589, New Jersey Bankruptcy Court). That bankruptcy is now dismissed—on order of the U.S. Third Circuit Court of Appeals. So, Johnson & Johnson refiles its bankruptcy (In re LTL Management, Case... Continue Reading →

An inexplicable choice? (Photo by Marilyn Swanson) By: Donald L Swanson Johnson & Johnson (“J&J”) has, for a very long time, produced and sold a baby powder product containing talc—a mineral milled into fine powder that includes traces of asbestos. In recent years, that baby powder product has spawned a torrent of lawsuits alleging that it... Continue Reading →