Scandals brought down Harvey Weinstein's movie studio and major opioid supplier Mallinckrodt. But their wealthy owners, directors and executives were granted lifetime immunity from related lawsuits in bankruptcy court an overwhelmingly common tactic in major U.S. Chapter 11 cases, a Reuters review found. Such immunity grants have become a pervasive but little-understood feature of the U.S. bankruptcy system. The releases are now granted by judges in 9 of 10 major Chapter 11 cases. The lawsuit shields, requested by the company or organization in bankruptcy, are called "nondebtor" releases because they are bestowed on people and entities that never have to declare Chapter 11 themselves. The recipients effectively get the benefits of bankruptcy protection without the associated financial or reputational damage. Reuters ... examined 29 U.S. bankruptcies that were preceded by mass tort litigation against companies or other entities, many of which included allegations involving dangerous products or sexual abuse. The review found that about 1.2 million claimants in these cases have signed away their rights to sue related parties or face pressure to approve such releases in ongoing bankruptcy-court negotiations. The 29 bankruptcies included those of 14 Catholic dioceses or religious orders and the Boy Scouts of America amid lawsuits alleging child molestation; [and] the collapse of opioid suppliers Purdue Pharma LP and Mallinckrodt plc over their alleged roles in a deadly addiction epidemic.
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