11th circuit

Bankruptcy as MDL escape hatch? Not so fast, judge tells 3M in ‘surprise’ decision

The 3M logo is seen at its global headquarters in Maplewood, Minnesota, U.S. on March 4, 2020. Picture taken March 4, 2020. REUTERS/Nicholas Pfosi/File Photo

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(Reuters) – A federal bankruptcy judge in Indianapolis jolted 3M Co on Friday, ruling that scores of thousands of military veterans who claim hearing loss from 3M earplugs can continue to litigate their claims against 3M, despite the July 26 bankruptcy of several 3M subsidiaries. The company’s shares, as my colleague Dietrich Knauth reported, dropped 12% Friday and continued falling on Monday morning.

But the decision’s implications extend beyond 3M and the earplug multidistrict litigation. The ruling by U.S. Bankruptcy Judge Jeffrey Graham of Indianapolis should also be a warning to other MDL defendants: A subsidiary’s bankruptcy may not be the escape hatch you’re hoping for.

Graham’s ruling took even seasoned bankruptcy observers such as law professor Lindsey Simon of the University of Georgia School of Law by surprise, since courts frequently agree to extend litigation stays to the parents of bankruptcy subsidiaries. Reuters, for instance, has reported extensively on the so-called Texas two-step, in which solvent companies dump mass tort liability into a newly created

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September 10, 2022 by ATTORNEY

Atlanta lawyers will rep anyone prosecuted for abortions for free

Attorney Drew Findling issued a similar statement following the decision.

“The Findling Law Firm is committed to fighting to restore a woman’s right to choose which has been destroyed by the Supreme Court in the Dobbs decision,” he said. “We will defend anyone prosecuted under Georgia’s anti-abortion ‘heartbeat law’ free of charge and do everything we can to help right this wrong through advocacy across the country.”

ExploreAtlanta Mayor Dickens ‘sickened’ by Roe decision; area DAs vow not to prosecute

Law enforcement agencies across the state are taking a wait-and-see approach in enforcing the Georgia abortion law until it actually goes into effect. House Bill 481, which was signed into law by Gov. Brian Kemp in 2019, outlaws most abortions when a doctor can detect fetal cardiac activity, which is typically around six weeks of pregnancy.

The law has been stalled by the 11th Circuit Court of Appeals, which was awaiting the Supreme Court decision. On Friday afternoon, Georgia Attorney General Chris Carr said his office had filed a notice in the 11th Circuit requesting a reversal of the District Court’s decision and allow the law to go into effect.

Savannah Police Department spokeswoman Bianca Johnson said since abortion

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June 28, 2022 by LAW

Attorney Lin Wood loses appeal over state bar’s mental health probe

Attorney L. Lin Wood speaks during a press conference on election results in Alpharetta, Georgia, U.S., December 2, 2020. REUTERS/Elijah Nouvelage

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  • A federal appeals court said it could not hear a lawsuit Wood filed against Georgia state bar authorities
  • The bar wants Wood, who gained notoriety by promoting baseless election fraud theories, to undergo a mental health exam

(Reuters) – Conservative attorney L. Lin Wood cannot sue to block the Georgia state bar from seeking a mental health exam as part of its investigation into his conduct, a federal appeals court said Tuesday.

Wood, who gained notoriety after the 2020 election by promoting conspiracy theories of fraud in the race, last year filed the lawsuit claiming that the request for a mental health exam violated his constitutional rights. On Tuesday the Atlanta-based U.S. Court of Appeals for the 11th Circuit affirmed a district court ruling tossing the case.

The order says Wood failed to show there was “bad faith” behind the Georgia bar investigation. The panel also said Wood will have an opportunity to raise constitutional claims before the Supreme Court of Georgia, and that court

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June 3, 2022 by ATTORNEY
April 2024
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