Episode Details

There is also video of the oral argument, available on the website of the U.S. Court of Appeals for the Third Circuit through this link: https://www.ca3.uscourts.gov/oral-argument-recordings-video. (The link to the video of the oral argument corresponds with the case numbers for the appeal: 22-2003, 22-2004, 22-2005, 22-2006, 22-2007, 22-2008, 22-2009, 22-2010, and 22-2011.)

The outcome of the appeal, following oral argument, was dismissal of the bankruptcy cases filed by Johnson & Johnson to protect J & J from mass tort liability alleged to arise from use of its talc. Here is a link to the ruling, explaining the court’s reasoning: U.S. Court of Appeals ruling.

The court’s outlook at oral argument was different from that of the U.S. Court of Appeals for the Second Circuit in the Purdue Pharma appeal, concerning whether members of the Sackler family could limit their liability for opioid deaths. The Second Circuit seemed more receptive to use of bankruptcy by a company like Purdue Pharma, which is not financially distressed, and seeks to protect members of the private owner family from personal liability. The Purdue Pharma appeal remains under advisement as of the time of the making of this Substack post. Here is a link to audio of the Purdue Pharma oral argument:

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