Bankruptcy was never meant as a panacea for profitable companies to shirk liability claims—especially on an issue as serious as this.
Don Wiener is a contributor to the Center for Media and Democracy. Don has 40 years experience working as a policy analyst, researcher, media strategist, and coalition coordinator for dozens of community, public interest, labor, and environmental groups. He has a Ph.D. in Political Science from the University of Wisconsin-Madison.
A recent legal decision in a case involving Johnson & Johnson may ultimately impact the massive profits Koch Industries and its Georgia-Pacific subsidiary have been raking in while sidestepping asbestos liability claims. At the end of January, a federal appeals court that J&J could not shield itself from pending lawsuits arising from exposure to its now off-the-market baby powder by transferring them to a new subsidiary and then declaring that company bankrupt.—known as “the Texas two-step”—in 2017.
In the J&J case, a three-judge federal appeals court panel in Philadelphia sided with the plaintiffs—cancer victims who argued that J&J had established a subsidiary calledwith the specific intent of limiting liability payments that would be made due to the parent company’s harmful product.
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