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This Essay argues that bankruptcy proceedings are well-suited to resolving mass tort claims. Mass tort cases create a collective action problem that encourages claimants who are worried about available recoveries to race to the courthouse to collect ahead of others. This race can destroy going concern value and lead to the dismemberment of valuable firms. Coordination among claimants is difficult as each one seeks to maximize its own recoveries. These are the very collective action and holdout problems that bankruptcy proceedings are designed to solve. As such, bankruptcy proceedings are appropriate means of resolving mass torts as long as they leave tort victims no worse off than they would have otherwise been.

In June 2022, a Russian-linked ransomware group attacked the Costa Rican government, targeting over twenty-seven agencies and sending Costa Rica’s healthcare system “into a spiral.”

The Florida defendant files a motion to dismiss under Federal Rule of Civil Procedure 12(b)(1)—asserting that the court lacks subject matter jurisdiction. Should the court grant it? More specifically, does having an anonymous John Doe as a defendant categorically preclude diversity jurisdiction?

In 1975, Lawrence Salisbury moved into his father’s mobile home, which was situated on rented land owned by the city of Santa Monica.

What does it mean for a fund to deliver ESG results to its investors?

In April of 2022, the Ninth Circuit, sitting en banc, handed down the latest decision in its “packaged tuna antitrust saga,” with implications that have the potential to usher in a sea change to class action practice.

A Response to Profs. Anupam Chander & Paul Schwartz’s Privacy and/or Trade.

The First Amendment prohibits the state from “establish[ing]” a religion, and it is uncontroversial that this prohibition extends to so-called religious coercion.

TW: Rape, Sexual Assault In June 2022, Dobbs v. Jackson Women’s Health Organization overruled Roe v. Wade (1973) and Planned Parenthood of Southeastern Pennsylvania v. Casey (1992), leaving states with complete discretion in determining the legality of abortion.

The difficulty of accurately portraying complex and nuanced aspects of the law to lay jurors is well-recognized.