News & Analysis as of

Release of Claims Settlement

Akerman LLP

Purdue Pharma Foretells a Troubled Future for Bar Orders

Akerman LLP on

In Harrington v. Purdue Pharma L.P., the Supreme Court held that the Bankruptcy Code does not authorize a bankruptcy court to grant a release and injunction that extinguishes direct claims against nondebtor third parties...more

BakerHostetler

To Ensure a Complete Release, Address California’s New Section 1542

BakerHostetler on

Civil Code Sections 1541 and 1542, California laws that govern the extinguishment of certain obligations, were recently amended by Senate Bill No. 1431. The subtle amendments made to these code sections not only impact...more

Sheppard Mullin Richter & Hampton LLP

Head’s Up: Changes Made to Civil Code Section 1542

Civil Code section 1542 waivers are commonly included in a myriad of transactional documents and typically coupled with “as is” provisions. In essence, absent an express waiver of Section 1542 in a contract, the releasing...more

Foley & Lardner LLP

Utilizing California Civil Code Section 1542 Waivers in Class Action Settlement Agreements: Helpful or Harmful?

Foley & Lardner LLP on

A significant concern for any lawyer negotiating the settlement of a class action in California state court is crafting a settlement agreement that the court will ultimately approve. Under California law, a judge must approve...more

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