Elizabeth Chamblee Burch
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Against Bankruptcy: Public Litigation Values Versus the Endless Quest for Global Peace in Mass Litigation
For the first time in years, in the Purdue Pharma opioids litigation, the Court is reviewing an unorthodox bankruptcy maneuver aimed at securing global settlement. This Essay critiques corporate defendants’ increasingly common turn to bankruptcy to shut down, or avoid altogether, complex civil litig…
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Nudges and Norms in Multidistrict Litigation: A Response to Engstrom
Multidistrict-litigation judges have invented a medley of new procedures to adjudicate the mass-tort cases before them. As plaintiff fact sheets and Lone Pine orders become widespread, however, formal rules’ built-in protections wane and procedural burdens may fall more harshly on one side.