On August 22, 2022, WLF asked the Third Circuit to affirm a bankruptcy court’s decision that Chapter 11 is the optimal means for redressing harms alleged by a group of talc personal-injury claimants against Johnson & Johnson. The case arises from a consolidated appeal by claimants who sought to have LTL’s Chapter 11 petition dismissed on the ground that it was not filed in good faith. In its amicus brief supporting affirmance, WLF emphasized the real-world benefit of allowing companies to address liabilities through corporate restructuring and bankruptcy rather than through the mass-tort system. Not only is bankruptcy a more efficient system of recovery, but bankruptcy courts have more flexibility in fashioning relief to ensure equal and fairer treatment of current and future claimants.

Documents

WLF amicus brief