Thesis or dissertation
Date of this Version
Vincent S.J. Buccola
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.
“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
Berger, A. K. (2022). "Managing Mass Tort Claims Through Chapter 11: An Analysis of Multiple Case Studies," Joseph Wharton Scholars. Available at https://repository.upenn.edu/joseph_wharton_scholars/134
Date Posted: 26 September 2022