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Silencing Litigation Through Bankruptcy
Journal article   Peer reviewed

Silencing Litigation Through Bankruptcy

Pamela Foohey and Christopher Odinet
Virginia law review, Vol.109(6), pp.1261-1330
10/01/2023

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Abstract

Bankruptcy is being used as a tool for silencing survivors and their families. When faced with claims from multiple plaintiffs related to the same wrongful conduct that can financially or operationally crush the defendant over the long term—a phenomenon we identify as onslaught litigation—defendants harness bankruptcy’s reorganization process to draw together those who allege harm

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