Brian Glasser was interviewed by Law360 about the preliminary injunction filed by Bailey & Glasser, LLP and other law firms last week on behalf of cancer patients, asking a New Jersey federal judge to bar Johnson & Johnson’s talc liability spinoff from filing its third attempt at a Chapter 11 reorganization outside of the state.
In this interview, Brian Glasser, Bailey Glasser’s founding partner and co-lead counsel for the plaintiffs, said that J&J was seeking a more favorable jurisdiction after the previous bankruptcy dismissals. “They have that precedent in the Third Circuit, so they’re obviously going somewhere else,” he said. “They’ve been twice told they have to be honestly broke to be bankrupt.”
The company recently announced the pursuit of a prepackaged bankruptcy plan to resolve talc claims in an unspecified federal court in Texas. Two previous bankruptcy filings by the company have been denied by the courts in New Jersey, where J&J is headquartered. In last week’s filing, plaintiffs sought a temporary restraining order on the basis that J&J is attempting to evade jurisdiction and continue to manipulate the bankruptcy process to disadvantage tens of thousands of women who developed cancer from continued use of Johnson’s products. The motion also seeks to prevent any amendments to agreements between J&J and its subsidiaries to fund the plan without notifying the plaintiffs.
In addition to Brian Glasser, the Bailey Glasser team in this case includes David L. Selby II, the firm’s Mass Tort Practice Group Leader, partner D. Todd Mathews, Of Counsel Thomas B. Bennett, Of Counsel Thanos Basdekis, partner and Consumer Protection Practice Group Leader Patricia Kipnis, and Of Counsel Michael Shenkman. Other firms representing the plaintiffs in this lawsuit are Beasley Allen Crow Methvin Portis & Miles PC, Levin Papantonio Rafferty Proctor Buchanan O’Brien Barr Mougey PA; Golomb Legal; Ashcraft & Gerel LLP; and Burns Charest LLP.
Read the full Law360 article here.
To learn more about the Motion for Temporary Restraining Order filed against J&J, please visit here.
And for more on Brain Glasser, visit here.
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Bailey & Glasser, LLP has added two new lawyers to our national practice. Daniel O’Hare will practice in the firm’s Bankruptcy practice group, and Lincoln Wolfe will become a member of our Consumer Protection practice group. Both attorneys are joining us after completing prestigious federal court clerkships and will be in our Charleston, West Virginia office.