Managing Mass Tort Claims Through Chapter 11: An Analysis of Multiple Case Studies

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Graduate group
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Subject
“Texas Two-Step
” mass tort
chapter 11
Johnson and Johnson - LTL Management LLC
Georgia-Pacific - Bestwall LLC
Saint-Gobain - DMBP LLC
and Trane Technologies -Aldrich Pump LLC
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Berger, Alex K.
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Abstract

In July 2017, Georgia-Pacific executed a “Texas Two-Step” to move all pending mass tort liabilities into Bestwall LLC prior to filing it for bankruptcy. Since Bestwall LLC’s bankruptcy filing, Johnson and Johnson, Saint-Gobain, and Trane Technologies have all implemented similar mass tort management strategies. Through individual analyses of the LTL Management LLC, Bestwall LLC, DMBP LLC, and Aldrich Pump LLC bankruptcy cases, this thesis explores how chapter 11 bankruptcy is being used to manage mass tort liability claims, the impact chapter 11 law has on tort liability resolutions, and the role of Congress in regulating a corporation’s ability to manage mass tort claims through chapter 11. Key findings include: the presiding Judge plays a critical role in determining case progression, chapter 11 may uniquely benefit debtors over mass tort claimants, and Congress should wait to legislate until a corporation’s ability to manage mass tort claims through chapter 11 is established.

Advisor
Vincent S.J. Buccola
Date of degree
2022-04-01
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