Chief Judge Michael B. Kaplan of the U.S. Bankruptcy Court for the District of New Jersey. Courtesy photo 'I Was Always Frustrated': Talc Federal Bankruptcy Judge Wants This Rule to Change
In a Jan. 10 letter, U.S. Bankruptcy Chief Judge Michael Kaplan of the District of New Jersey asked the Federal Committee on Rules of Practice and Procedure to change a rule that prohibits bankruptcy judges from appointing special masters.
January 22, 2024 at 05:00 AM
6 minute read
What You Need to Know
- Under Federal Rule 9031 of Bankruptcy Procedure, bankruptcy judges aren't allowed to appoint special masters, increasingly referred to as court-appointed neutrals.
- Kaplan, who oversaw both of Johnson & Johnson's contentious talc bankruptcies, said a special master could have helped 'herd the parties.'
- The Academy of Court-Appointed Neutrals is working with the American Bar Association on a letter next month supporting Kaplan's proposal.
In Johnson & Johnson's talc bankruptcies, there were innumerable fights about the mediators, the discovery and, most vocal, the total value of thousands of claims tying its baby powder to cancer.
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