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By the end of this Term, SCOTUS must decide what to do about the mammoth Purdue Pharma bankruptcy settlement. If allowed to go forward, the $10 billion deal will not only resolve claims against the company, it will shield the Sackler family—the company’s former owners—from any further liability for their role in the opioid crisis. The deal has generated a great deal of discussion, much of it focused on the legality and wisdom of that third-party release. The authors of Against Bankruptcy take a broader view, asking a set of critical questions about the proper role of bankruptcy in the resolution of mass torts. “What’s to be gained and what’s to be lost by the turn to bankruptcy?”


All Jotwell content is available under a Creative Commons Attribution-Noncommercial-Share Alike 3.0 License. The Attribution-Noncommercial Share Alike License allows others to use and modify Jotwell materials for noncommercial purposes, as long as they acknowledge Jotwell and the author of the contribution as the source of their material. Cite as: Maureen Carroll, The Mismatched Goals of Bankruptcy and Mass Tort Litigation, JOTWELL (March 19, 2024) (reviewing Abbe R. Gluck, Elizabeth Chamblee Burch, & Adam S. Zimmerman, Against Bankruptcy: Public Litigation Values Versus the Endless Quest for Global Peace in Mass Litigation, 133 Yale L.J. F. 525 (2024)),