Leslie Brueckner, Partner at Singleton Schreiber, was featured in a Law.com article titled "In Mass Torts, Should MDL Versus Bankruptcy Be an Either/Or Question?", which covered a panel discussion hosted by UC Berkeley’s Civil Justice Research Initiative. Brueckner joined U.S. Bankruptcy Judge William Lafferty III and Professor Andrew Bradt to explore the complex interplay between multidistrict litigation (MDL) and bankruptcy in resolving mass tort cases. The discussion highlighted key concerns, including the controversial use of bankruptcy by solvent companies to address liabilities, the lack of discovery and transparency in bankruptcy proceedings, and the potential for MDL and bankruptcy courts to collaborate more effectively. Brueckner emphasized the importance of accountability in the civil justice system and the need for solutions that balance equitable compensation with plaintiffs’ rights to seek justice.
Brueckner noted that opinions are divided on which system benefits tort victims more. While some argue that bankruptcy ensures all creditors receive a share of the settlement, she pointed out that it lacks the discovery process necessary to expose corporate misconduct and give plaintiffs a voice. “The focus is on accountability, not equitable distribution,” she said, underscoring a fundamental difference between MDL and bankruptcy in delivering justice.
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