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I disagree. The dissent focused way too much on emotional appeals. It shouldn’t matter if the remedy was popular amongst the primary parties if the law doesn’t
by dwallin 2y ago
I disagree. The dissent focused way too much on emotional appeals. It shouldn’t matter if the remedy was popular amongst the primary parties if the law doesn’t allow for such a remedy, “it was popular” is not a solid legal footing.
If we want to make sure that the victims of people like the Sacklers can get some justice then let’s actually write some laws for that purpose. Let’s remove the loopholes that let them make a ton of money at the expense of a nation, and them take it all offshore. Let’s add transparency to corporate structuring. Let’s fully pierce the corporate veil for egregious situations such as this.
What we shouldn’t do is allow the powerful yet another tool to escape consequences. Whether or not this particular deal was a net-positive for victims is besides the point. It gives too much power to bankruptcy judges and is a ripe avenue for corruption. Go to a “friendly” judge and have them absolve you of any personal liability, then send them a nice gift basket full of Benjamins, now fully legally (Thanks Supreme Court!).
- dmix 2y ago> If we want to make sure that the victims of people like the Sacklers can get some justice This isn't just about the Sacklers either, this could potentially impact a lot of other important cases in the future once the law is more well defined.