Category: Faculty News

Bankruptcy Judge David S. Jones of New York ruled recently on a chapter 11 plan from cosmetics company Revlon regarding asbestos claims arising from products containing talc. In his ruling, Judge Jones noted that future asbestos claims can be discharged without a trust. In the American Bankruptcy Institute’s Rochelle’s Daily Wire, Professor Ralph Brubaker provided a counterpoint to a University of Chicago professor, claiming that “discharging the claim of a future claimant who has not yet been injured or discovered the injury” is unconstitutional and akin to something from Alice’s Adventures in Wonderland.

Read his full comments here.

Professor Ralph Brubaker’s article, “Mass Torts, The Bankruptcy Power, and Constitutional Limits on Mandatory No-Opt-Outs Settlements,” was recently added to SSRN’s Top Ten Download list. The article, published by the Florida State University Business Review, is an examination of “constitutional tensions produced by aggressive efforts to resolve mass-tort liability through federal bankruptcy proceedings, as illustrated by nonconsensual nondebtor (or third-party) releases and the so-called Texas Two-Step maneuver.”

Download and read the article on SSRN.

In the wake of the Supreme Court’s ruling in the Purdue Pharma bankruptcy, Professor Ralph Brubaker—who submitted an amicus brief in the case—published an article in the Harvard Law School Bankruptcy Roundtable on the implications of the ruling and issues that remain unsettled after the ruling. “Unless bankruptcy is to become a facile end-run around multiple constitutional protections for both individual tort claimants and state sovereignty,…the ‘subject of Bankruptcies’ (within the meaning of the Constitution’s Bankruptcy Clause) must be limited by a requirement of necessity for bankruptcy relief,” Brubaker writes.

Read full coverage from the Harvard Law School Bankruptcy Roundtable.