On March 22, 2023, the Third Circuit declined to rehear en banc a critical bankruptcy case. This was disappointing for WLF, which filed an amicus brief supporting rehearing. The panel reversed a bankruptcy court’s decision that Chapter 11 is the optimal means for redressing harms alleged against Johnson & Johnson by a group of talc personal-injury claimants. WLF’s brief emphasized that the panel failed to analyze the Fourth Circuit’s case law reaching the opposite conclusion. The brief also explained why it is more equitable to have bankruptcy courts handle mass tort cases.
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