Open Access. Powered by Scholars. Published by Universities.®
University of Miami Law School
Bankruptcy Law; Bankruptcy; Insurance Law; Tort Claims; Torts; Victims; Victimology
Articles 1 - 1 of 1
Full-Text Articles in Law
Due Process Alignment In Mass Restructurings, Sergio J. Campos, Samir D. Parikh
Due Process Alignment In Mass Restructurings, Sergio J. Campos, Samir D. Parikh
Articles
Mass tort defendants have recently begun exiting multidistrict litigation by filing for bankruptcy. This new strategy ushers defendants into a far more hospitable forum that offers accelerated resolution of all state and federal claims held by both current and future victims.
Bankruptcy's structural, procedural, and substantive benefits also provide defendants with unique optionality. Bankruptcy's resolution promise is alluring, but the process relies on a very large assumption: that future victims can be compelled to relinquish property rights in their cause of action against the corporate defendant and others without consent or notice. Bankruptcy builds an entire resolution structure on the …