Congressional Hearing on Bankruptcy to Address Mass Tort Litigation
ATRA Reiterates Support for Chapter 11 Bankruptcy Use to Address Mass Tort Litigation, Urges Meaningful Dialogue Amid Senate Judiciary Committee Hearing
Kapila v. Grant Thornton LLP
(11th Circ., filed July 30, 2018): Arguing that the in pari delicto defense should apply in cases involving bankruptcy trusts. The defense prevents a wrongdoer from attempting to shift its liability to another that was involved to an equal or lesser extent in the improper conduct.
On March 22, 2019, the Court ruled in favor of ATRA’s position and affirmed the lower court’s decision.
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