Bankruptcy is the optimal location for mass liability cases

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By Samir Parikh (February 28, 2022, 1:25 PM EST) – The recent mass restructuring debate involving Johnson & Johnson, Purdue Pharma LP and Boy Scouts of America has provided plenty of fire but little light. In thinking about these cases, let’s start with a simple question: what are the goals of the process?

The primary objectives in resolving mass liability cases should be to provide deserving plaintiffs with meaningful recovery in the circumstances and to secure such recovery as soon as possible. Furthermore, claims arising from similar facts should not receive vastly different recoveries – a result usually seen when mass tort cases are resolved through jury trials.

Pursuing these goals…

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