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Release and Anti-Suit Injunction against Non-Debtor

The following summaries are of recent published decisions of the California appellate courts, the Ninth Circuit, and the United States Supreme Court. The summaries are presented without regard to whether Severson & Werson represented a party in the case.

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Harrington v. Purdue Pharma L.P. (2024) 144 S.Ct. 2071

The bankruptcy code does not authorize a release and injunction that, as part of a Chapter 11 plan of reorganization effectively seek to discharge claims against a nondebtor without the consent of affected claimants. Under 11 USC 1123(b), a Chapter 11 plan may contain five specific types of orders, all of which concern the debtor's rights and responsibilities, and "… Read More