Re:Supreme Court blocks Purdue Pharma opioid settlement
by erichocean on Thursday June 27, 2024 @12:14PM
(#40812131)
If this decision was just about third-party releases, it wouldn't be before the court. And you know that.
Re:Supreme Court blocks Purdue Pharma opioid settlement
by JumpCrisscross on Thursday June 27, 2024 @12:23PM
(#40812238)
> If this decision was just about third-party releases, it wouldn't be before the court. And you know that.
What is the difference between a discharge and release as it relates to the §1123(b)(6) “any other appropriate provision” power this case is about? You seem to have clarity the Court’s members couldn’t find.
Re:Supreme Court blocks Purdue Pharma opioid settlement
by erichocean on Friday June 28, 2024 @04:45PM
(#40825097)
You, then: As the dissent notes, third-party releases are part of the law.
Gets called out for over-simplifying the case.
You, now: What is the difference between a discharge and release as it relates to the §1123(b)(6) “any other appropriate provision” power this case is about?
Indeed. Maybe next time, stop pretending there isn't more to it.
As the dissent notes, third-party releases are part of the law. The turn is on whether the Sacklers are having third-party liabilities discharged versus released.
The solution may be in re-drafting the Plan so it’s more clearly a release. That might mean the Sacklers can be sued for fraud, but not other things.