On April 29, 2022, the U.S. Court of Appeals for the Second Circuit heard argument on Purdue’s appeal of the Order issued by the U.S. District Court for the Southern District of New York reversing the confirmation of Purdue’s Chapter 11 plan of reorganization. Seven groups and one law professor submitted amicus briefs. Five of the amici support Purdue’s appeal and three oppose.

chart accompanying Tancred Schiavoni article

All eight amicus briefs focus on the central question posed by the Purdue appeal, namely whether non-consensual third-party releases are proper. The briefs are noteworthy both because they include prominent groups such as the U.S. Chamber of Commerce but also because they cover the range of arguments offered in favor of and against courts granting third-party non-consensual release.

Amicus Briefs in Support of Third-Party Releases