By Amanda Bronstad | March 22, 2023
On Wednesday, the U.S. Court of Appeals for the Third Circuit denied Johnson & Johnson's petition to rehear its Jan. 30 decision effectively dismissing its talc bankruptcy.
The Legal Intelligencer | Commentary
By Steven M. Schain | March 16, 2023
Facing rising interest rates making capital even pricier, coupled with a highly saturated market competing for a limited customer base beset by plummeting prices and diminishing profit margins, it's unclear whether Skymint will be liquidated or reorganized or how other cannabis companies will avoid suffocation during history's most lucrative marijuana market.
By Amanda Bronstad | March 13, 2023
The U.S. Chamber of Commerce, the American Tort Reform Association and three other business groups filed amicus briefs supporting rehearing of the U.S. Court of Appeals for the Third Circuit's Jan. 30 decision in Johnson & Johnson's talc bankruptcy.
The Legal Intelligencer | Commentary
By Andrew C. Kassner and Joseph N. Argentina Jr. | February 27, 2023
This case demonstrates that strong beliefs are not enough, but counsel presenting extensive evidence of repeated extraordinary behavior can be enough to support the issuance of prejudgment relief by a court.
By Amanda Bronstad | February 14, 2023
U.S. Chief Bankruptcy Judge Michael Kaplan said at a Tuesday hearing that Johnson & Johnson subsidiary LTL Management's rehearing petition would delay any potential mandate that would prompt him to dismiss the Chapter 11 case.
The Legal Intelligencer | Commentary
By Lawrence J. Kotler and Roxanne J. Indelicato | February 9, 2023
In a recent decision, In re HONX, No 22-90035 (Bankr. S.D. Tex. Dec. 28, 2022), the U.S. Bankruptcy Court for the Southern District of Texas (the court) addressed whether a debtor that has no independent assets or ongoing business operations can reorganize under Chapter 11 in good faith.
The Legal Intelligencer | Commentary
By Francis J. Lawall and Brenden Dahrouge | February 2, 2023
On Jan. 5, the U.S. Court of Appeals for the Fifth Circuit recently provided some additional color to the abstention issue by ruling that the U.S. Bankruptcy Court for the Southern District of Texas lacked jurisdiction to decide an exclusively state-governed question related to emergency energy price controls.
The Legal Intelligencer | News
By Aleeza Furman | February 1, 2023
"We are eager to be able to get our cases back on the trial list in Philadelphia," said Nancy Winkler, a partner with Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck who serves as local counsel in a number of talc cases in Philadelphia.
By Amanda Bronstad | January 30, 2023
On Monday, the U.S. Court of Appeals for the Third Circuit reversed a bankruptcy judge's decision, concluding that Johnson & Johnson subsidiary LTL Management was not in financial distress at the time it filed its Chapter 11 case in 2021.
The Legal Intelligencer | Commentary
By Rudolph J. Di Massa and Diane J. Kim | December 22, 2022
On Nov. 17, Biden's administration published instructive guidance to the Department of Education and the Department of Justice on how to treat student loan debt relief in bankruptcy court by standardizing the burden of "undue hardship" under Section 523(a)(8) of the Bankruptcy Code.
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