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Class Action › Bankruptcy Court

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
Bradley Arant Boult Cummings LLP

Two Steps Too Far: New Limitations on the Use of the Texas Two- Step to Resolve Mass Tort Liability in Bankruptcy

Bradley Arant Boult Cummings LLP on

This paper explores the mechanisms by which companies have utilized corporate restructuring through divisive mergers in conjunction with the available protections and tools of the United States Bankruptcy Code to resolve mass...more

Bracewell LLP

Time Has Come for Special Masters to Streamline Bankruptcy Cases

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Since the first Johnson & Johnson talc bankruptcy was filed in 2021, Judge Michael Kaplan has faced countless disagreements in the US Bankruptcy Court. These range from discovery fights, disputes over administration of tens...more

Downey Brand LLP

Supreme Court of California Rejects Class Action Suit Against PG&E for its 2019 Blackouts

Downey Brand LLP on

Introduction - In Gantner v. PG&E Corporation et al. (November 20, 2023) No. S273340, 2023 WL 8010215, the Supreme Court of California (“Court”) unanimously held that a plaintiff’s class action lawsuit against PG&E for...more

Patterson Belknap Webb & Tyler LLP

Tenth Circuit Holds that Sovereign Immunity Does Not Limit Section 544 Claim

Patterson Belknap Webb & Tyler LLP on

Section 544(b)(1) of the Bankruptcy Code enables a trustee to step into the shoes of a creditor and avoid a transfer “of an interest of the debtor in property” that an unsecured creditor could avoid under applicable state...more

Patterson Belknap Webb & Tyler LLP

The State of Student Loan Debt in Bankruptcy

Patterson Belknap Webb & Tyler LLP on

On June 30, the Supreme Court ruled that the Biden administration did not have authority to forgive student loans under the Higher Education Relief Opportunities for Students Act of 2003 (HEROES Act). Despite this defeat,...more

Patterson Belknap Webb & Tyler LLP

Despite Discretionary Standard, Courts Still Must Show Their Work

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Although in the Ninth Circuit the decision to revisit an order under FRCP 60 is “highly discretionary,” judges still must explicitly grapple with the relevant factors. That was the clear message sent by Judge Haywood Gilliam...more

Nelson Mullins Riley & Scarborough LLP

Post Siegel Ruling: Second Circuit Joins the Tenth Circuit in Ordering Refunds for Overpayment of U.S. Trustee Fees

Nelson Mullins Riley & Scarborough LLP on

In a previous blog post from June 2022, we discussed the Tenth Circuit’s post-Sigel decision in John Q. Hammons Fall 2006 LLC v. U.S. Trustee (In re John Q. Hammons Fall 2006 LLC), 15 F.4th 1011 (10th Cir. Oct. 5, 2021),...more

Dechert LLP

Third Circuit Holds No Need to Warn Under WARN ACT Unless Circumstances Causing Layoff Are Probable

Dechert LLP on

The Worker Adjustment and Retraining Notification (WARN) Act in the U.S. requires that employers give sixty days’ notice to its employees before effecting a mass layoff. The WARN Act contains exceptions to the notice...more

Williams Mullen

Class Action Waivers in Employment Arbitration Agreements? Not as 'Fresh & Easy' as You Think

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Many companies require their employees to sign employment agreements in which the employees agree that any claims they have against the company, including class action claims, will be decided only through private arbitration...more

Carlton Fields

Florida District Court Affirms Bankruptcy Court Bar Order In Favor Of Former Ds & Os

Carlton Fields on

On September 24, Southern District of Florida District Court Judge James I. Cohn issued an opinion affirming an order approving the settlement of a debtor’s breach of fiduciary duty, corporate waste, and mismanagement claims...more

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