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New York Law Journal: The Broad Range of Amicus Arguments Advanced for and Against Nonconsensual Third-Party Releases in the ‘Purdue’ AppealMay 25, 2022
O’Melveny partner Tancred Schiavoni, co-chair of the firm’s Insurance Practice, authored this article discussing eight amicus briefs that have been filed focusing on the question of “whether non-consensual third-party releases are proper.” The briefs were submitted following the April 29 hearing by the US Court of Appeals for the Second Circuit of Purdue Pharma’s appeal of an order issued by the US District Court for the Southern District of New York that reversed the confirmation of Purdue’s Chapter 11 reorganization plan. Five briefs are in support of Purdue’s appeal and three oppose it. “The briefs are noteworthy both because they include prominent groups such as the US Chamber of Commerce but also because they cover the range of arguments offered in favor of and against courts granting third-party non-consensual release,” Schiavoni wrote.
Read the full article here.