Johnson & Johnson executive to testify at Senate bankruptcy hearing. The worldwide vice president of litigation for Johnson & Johnson will appear before a U.S. Senate committee to face questions about the healthcare products company’s legal strategy to resolve mass tort claims over allegedly harmful talc products.
Erik Haas is scheduled to appear Tuesday before the Senate Judiciary Committee. Others expected to testify are University of North Carolina law professor Melissa Jacoby; Lewis & Clark law school professor Samir Parikh; Sidley lawyer Stephen Hessler and Bestwall claimant Lori Knapp.
The hearing will be held in Washington, D.C., and will also stream live on the committee’s website, on Facebook and on X, formerly known as Twitter.
The committee, chaired by Illinois Democrat Dick Durbin, has dubbed the hearing “Evading Accountability: Corporate Manipulation of Chapter 11 Bankruptcy.”
“This hearing will examine chapter 11 bankruptcy law and the threat posed to consumers and others by legal maneuvers like the Texas Two-Step,” said the hearing notice sent Friday by the committee.
The Texas Two-Step refers to a Texas law that has inspired financially sound businesses to use legal loopholes to shift personal-injury cases to bankruptcy court through newly-created subsidiaries with limited business operations. J&J and Georgia Pacific, owner of the bankrupt Bestwall unit, are among the companies criticized for bypassing the mass tort system by channeling hundreds of thousands of legal claims into bankruptcy. Through that tactic, critics say, they can enjoy certain legal protections while not themselves going through bankruptcy.
In July, a bankruptcy judge threw out the second chapter 11 case that J&J filed to resolve mass talc liabilities. The judge said J&J affiliate LTL Management wasn’t in sufficient distress to warrant granting it the legal protections of chapter 11.
–Becky Yerak
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