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Supreme Court opioid case makes it harder to shield wealth in bankruptcy
Key Excerpts from Article on Website of Washington Post
Posted: July 16th, 2024
https://www.washingtonpost.com/business/2024/06/29/bankruptc...
A Supreme Court ruling against the opioid company Purdue Pharma ... substantially raised the bar for executives and owners trying to shield their wealth. Johnson & Johnson, Boy Scouts of America and Rite Aid are among the entities trying to handle a vast number of lawsuits in bankruptcy court, seeking to resolve all claims in a single settlement. These proceedings have echoes of the Purdue Pharma case decided by the Supreme Court on Thursday, in which the Sackler family, which owns the bankrupt opioid-maker, offered plaintiffs about $6 billion of the $11 billion they extracted from the company. In exchange, family members would have received immunity from future lawsuits, without filing for bankruptcy themselves. A 5-4 Supreme Court held that settlement was inadequate. Its ruling threw the massive bankruptcy case against Purdue Pharma into doubt after years of court battles over the company’s role in the nation’s opioid epidemic. The decision also adds a fresh wrinkle to a controversial legal strategy, called the Texas two-step, in which companies use a Texas law to split into separate companies and shift a large volume of legal claims onto the newly created entity. In the second step, the entity carrying the lawsuits files for bankruptcy and seeks to release its parent organization from all liability in exchange for a payout. Johnson & Johnson transferred some of its assets and all of the legal claims against it over asbestos-tainted talcum powder into a new legal entity that filed for Chapter 11. Boy Scouts of America ... agreed to pay $2.5 billion to settle claims of sexual abuse in bankruptcy court, a deal that shields from future litigation insurance companies as well as schools, churches and community organizations involved with the nonprofit.
Note: For more like this, read about how powerful corporations use the bankruptcy system to dodge lawsuits over sexual abuse and deadly products. Along US opioid industry lines, read how the industry operated like a drug cartel. Watch our Mindful News Brief video on how the deadly War on Drugs protects the activities of the rich and powerful: military-intelligence interests within the US government, big banks, Big Pharma, and drug cartels.
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