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Texas two-step proponents, like Johnson & Johnson and its lawyers, have argued that Texas two-steps are not inherently bad-faith, and that in the context of mass-tort litigation bankruptcy is fairest way to address large numbers of personal injury claims. Unlike in traditional courts hearing cases brought by many different people, bankruptcies ...
The Federal Tort Claims Act (August 2, 1946, ch. 646, Title IV, 60 Stat. 812, 28 U.S.C. Part VI, Chapter 171 and 28 U.S.C. § 1346) ("FTCA") is a 1946 federal statute that permits private parties to sue the United States in a federal court for most torts committed by persons acting on behalf of the United States.
Chapter 7: United States Court of Federal Claims; Chapter 9: United States Court of Customs and Patent Appeals (repealed October 1, 1982) Chapter 11: Court of International Trade; Chapter 13: Assignment of judges to other courts; Chapter 15: Conferences and councils of judges; Chapter 17: Resignation and retirement of justices and judges
Judges have denied J&J’s previous tries to resolve such claims using a maneuver known as the "Texas two-step," where a company tries to use the bankruptcy of an affiliate or subsidiary to settle ...
A new legal setback for Johnson & Johnson could make it more difficult for 3M and other big companies to use a controversial bankruptcy tactic to shed costly product-liability lawsuits.A US ...
Other than their connection to a bankruptcy proceeding, adversary proceedings are largely similar to a standard lawsuit in federal district court. The suit is opened by a complaint filed with the Bankruptcy Court, and proceeds through the same stages of litigation, including discovery and trial (including jury trial in appropriate cases).
The rate of non-attorney filings in bankruptcy courts by debtors, according to University of Illinois Law School's Professor Robert Lawless was 13.8% for chapter 13 cases, and 10.1% for chapter 7 cases. [citation needed] The rate was as high as 30% to 45% for major urban areas, such as California and New York City.
Section 1782 of Title 28 of the United States Code is a federal statute that allows a litigant to a legal proceeding outside the United States to apply to an American court to obtain evidence for use in the non-US proceeding, a process known as discovery. The full name of Section 1782 is "Assistance to foreign and international tribunals and to ...