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WEBINAR CONTENT DESCRIPTION:
In this webinar, we will explore the concept of future claimants in mass tort litigation and Chapter 11 bankruptcy—individuals exposed to harmful products or events whose injuries have not yet appeared at the time of a company’s bankruptcy filing. These cases often arise when companies face massive liability and seek reorganization through Chapter 11 to stay in business while addressing both current and future claims in a legally sound way.
We will discuss the role of the Future Claimants’ Representative (FCR), who is appointed to protect the rights of these yet-to-be-injured individuals. The session will also examine the trust model created under Section 524(g) of the Bankruptcy Code—originally for asbestos cases—and how it is now being applied to other mass torts like opioid and abuse-related claims. Real-world examples, including the MNK and Endo opioid trusts, Takata airbag case and the Boy Scouts of America case, will illustrate how future claims are handled by the courts and the Future Claimants’ Representative.