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.

Interpretation and construction, Bankruptcy law, Powers and duties, Mass tort suits, Jurisdiction, Bankruptcy courts

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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.

New York, Medical personnel, Malpractice, Medical malpractice, Evidence, Expert, Expert evidence, Discovery (Law)

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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.

Surveys, Bankruptcy

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