This shift is not in the best interests of consumers, manufacturers, or the state as a whole
In Re Motor Liquidation
(U.S., filed January 17, 2017): Arguing that in a 363 sale, the Due Process Clause does not require a seller to notify creditors of the basis for any potential claims against the debtor. By imposing a novel and unjustifiable notice requirement, the Court is hindering debtors’ ability to sell their assets quickly. And by threatening buyers with the loss of their “free and clear” protection, the decision deprives estates of a critical tool for maximizing creditor recovery. The decision will perpetuate the kind of abusive, lawyer-driven litigation that will offer little in the way of relief for the class members and will provide an enormous windfall for the plaintiffs’ lawyers who bring them.
Petition for cert was denied on April 24, 2017.
Michigan lawmakers must consider the unintended consequences of expanding liability
The Trial Lawyer Playbook report serves as a call to action, promoting transparency, accountability, and fairness in the legal system.
ATRA Reiterates Support for Chapter 11 Bankruptcy Use to Address Mass Tort Litigation, Urges Meaningful Dialogue Amid Senate Judiciary Committee Hearing
The lack of oversight and transparency around third-party litigation funding threatens the integrity of our legal system