Why bankruptcy "related to" jurisdiction should not reach mass tort nondebtor codefendants
Article Abstract:
Companies being sued in a mass tort litigation should not be able to argue that they are "related to" one of the companies that has filed for bankruptcy. The "related to" argument would allow nondebtor companies to delay the mass tort litigation, and expand the bankruptcy court jurisdiction. Bankruptcy courts were not designed to manage mass tort litigation. The US Supreme Court has had opportunities to clearly define the "related to" standard but has not done so as of 1998.
Publication Name: New York University Law Review
Subject: Law
ISSN: 0028-7881
Year: 1998
User Contributions:
Comment about this article or add new information about this topic:
Expert witness discovery for medical malpractice cases in the courts of New York: is it time to take off the blindfolds?
Article Abstract:
The author compares New York's Civil Procedure Law and Rules regarding the discovery of expert witness evidence for medical malpractice with the Federal Rules of Civil Procedure and concludes that New York should adopt language along federal lines to help achieve just settlements.
Publication Name: New York University Law Review
Subject: Law
ISSN: 0028-7881
Year: 2001
User Contributions:
Comment about this article or add new information about this topic:
Rethinking the debates over health care financing: evidence from the bankruptcy courts
Article Abstract:
The authors evaluate information gathered in a study of bankruptcy filings involving hundreds of thousands of middle-class US families to determine the influence of medical and health care debt on the families' eventual financial collapse.
Publication Name: New York University Law Review
Subject: Law
ISSN: 0028-7881
Year: 2001
User Contributions:
Comment about this article or add new information about this topic:
- Abstracts: The jurisdictional aspects of litigation involving international clients. Cought in the web - can your Web site expose you to litigation almost anywhere?
- Abstracts: Anti-compete pacts iffy; covenants meant to restrict employee mobility might not pass muster in the courts. Noncompetes; geographical limits
- Abstracts: Using the ADR toolbox to repair mass torts. Men as mediators in cases of sexual harassment. ADR program checklist: what government agencies need to know
- Abstracts: Unsigned and vague disclaimer did not shift assets out of estate. Qualified disclaimer does not stymie tax collection effort
- Abstracts: Carryover basis: planning and drafting issues. Avoiding the attribution rules in redemptions by estates and trusts