All posts filed under: Faculty in the Media

A health care provider that faced dozens of prisoner lawsuits is filing for bankruptcy

Bankruptcy has become a popular path for companies facing mass tort liabilities, Prof. Jonathan Lipson tells NPR. It “can give the company significant advantages through the bankruptcy process that they never have in ordinary litigation, including halting those other litigations, halting the discovery process, halting determinations of liability on the merits, and many other things that can be quite valuable to the company but might be costly to victims.” Read More

Nations Are Exiting a Secretive System That Protects Corporations. One Country’s Story Shows How Hard That Can Be – Inside Climate News

Governments around the world are raising concerns about the investor-state dispute settlement system, which bypasses courts and puts matters before an international arbitration panel. Prof. Ben Heath says the real winners are neither investors nor states, but the lawyers who profit off the cases. “Who is winning?” Heath said. “The house always wins.” Read More

OMG Verdict Flip Exemplifies High Court’s Rogers Test Limitation

A trademark dispute between OMG Girlz and MGA reversed course after a SCOTUS decision last June that shifted the balance between trademark protection and First Amendment rights without articulating a new test. “I don’t think that the Supreme Court made this inquiry-what is a ‘use as source identification’-very clear … so it doesn’t surprise me that lower courts now need to struggle with those issues,” said Prof. Guy Rub. Read More