This chapter describes how the defeat of the class settlements in Amchem Products, Inc. v. Windsor and Ortiz v. Fibreboard Corp. has led to even more problematic efforts to replicate those arrangements through “prepackaged” reorganizations of asbestos defendants under § 524(g) of the Bankruptcy Code. It also evaluates how § 524(g) came to dominate peacemaking in asbestos litigation. Section 524(g) would become a blueprint for how private negotiations might largely bypass the conventional reorganization process. The bankruptcy court confirmed the Combustion Engineering prepack, and the district court largely upheld that decision. The dynamics revealed by the Combustion Engineering prepack actually help to point the way toward more productive reform. The most recent addition to the literature on mass tort bankruptcies builds on the insight that reorganization plans allocate not only resources but also risk.
Chicago Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.
If you think you should have access to this title, please contact your librarian.
To troubleshoot, please check our FAQs, and if you can't find the answer there, please contact us.