“Bankruptcy bar foresees aftershocks to Supreme Court ‘Purdue’ decision” – Michael Shepard Quoted in Article
Michael Shepard’s insights were featured in AP News’ article, “Bankruptcy bar foresees aftershocks to Supreme Court ‘Purdue’ decision”
But Boston attorney Michael C. Shepard, who is currently representing clients on the Asbestos Claimants Committee for the Bestwall, DMBP and Aldrich/Murray Texas Two-Step bankruptcies pending in North Carolina, is not so sure of the need to disrupt the “economic Darwinism” at play, where serious mistakes pose an existential threat to companies.
“That’s how it works, and that’s how it’s always worked,” he said. “Why do we want to have a system that essentially becomes corporate welfare that allows companies that have either behaved poorly or done business poorly to go in and get a do-over to try it again?”
“Wall Street Is Investing In Your Asbestos Poisoning” – Michael Shepard Quoted in Article
Michael Shepard’s insights were featured in the The Lever’s article, “Wall Street Is Investing In Your Asbestos Poisoning”
Down the road, private equity firms may also try to use legal maneuvers like the “Texas two-step” to avoid paying claims — leaving future asbestos victims without any immediate recourse for their medical expenses.
“The companies that exposed people to asbestos are finding ways to evade having to pay for the harms that they have caused down the road,” said Shepard. “Victims moving forward may not have any recourse to pursue for their injuries because of what is taking place now.”
“Attorney: Phrase in Supreme Court opinion suggests end near for ‘Texas two-step’” – Michael Shepard Quoted in Article
Michael Shepard’s insights were featured in the Massachusetts Lawyers Weekly article, “Attorney: Phrase in Supreme Court opinion suggests end near for ‘Texas two-step’.”
“If you can’t protect the ‘good’ company — the company with all the assets that’s not in bankruptcy — then there’s no purpose in doing the Texas two-step,” Shepard says.
However, if the Supreme Court allows the Sacklers to get relief from future liability by virtue of their contribution to the bankruptcy plan, that would still not be the equivalent of the Supreme Court giving the Texas two-step its blessing, Shepard adds.
“All it means is this issue of a preliminary injunction or a permanent injunction against claims being extended to a non-debtor entity is something that’s permissible, and therefore one aspect of the Texas two-step would be allowed,” he says.
Three Shepard O’Donnell Attorneys Recognized in the 2023 Edition of Massachusetts Super Lawyers
Shepard O’Donnell, one of the top asbestos personal injury law firms in Massachusetts for 25 years, announces that three of its attorneys were selected for inclusion in the 2023 edition of Massachusetts Super Lawyers, with two included on the Super Lawyers list and one on the Rising Stars list.
Founder Michael Shepard and Co-Managing Partner Erika O’Donnell were recognized on the 2023 Massachusetts Super Lawyers list in the Personal Injury – Products: Plaintiff practice area.
Partner Michael McCann was recognized on the 2023 Massachusetts Rising Stars list in the personal Injury – Products: Plaintiff practice area. The Rising Star designation recognizes lawyers under the age of 40 years old or those in practice for less than ten years. Each year, no more than 2.5% of lawyers in each state are selected for inclusion on the Rising Star list.
Super Lawyers is a research-driven, peer-influenced rating service for lawyers who have attained a high degree of peer recognition and professional achievement. The mission of Super Lawyers is to bring visibility to attorneys who exhibit excellence in practice. The selection process, as detailed on the Super Lawyers website, is multi-phased and includes independent research, peer nominations and evaluations that identify a high degree of peer recognition and professional achievement.
Plaintiffs Liaison Counsel
What is it and why does it matter?
The roles of Plaintiffs’ Liaison Counsel and Defendants’ Liaison Counsel have existed in the Massachusetts State Court Asbestos Litigation Docket for over 30 years. The Plaintiffs’ Liaison Counsel, sometimes called Lead Plaintiffs’ Counsel or Lead Counsel, helps determine what cases get trial dates, ensures the Judge has everything needed to get cases through the system, and liaises with defense counsel.
Roles and responsibilities
The attorneys appointed to serve as Plaintiffs’ Liaison Counsel by the Court are responsible for working with the Court and the Special Master on global docket management issues, including establishing and implementing pre-trial orders, setting cases on yearly trial lists, communicating the Court’s directions to the many litigants on the Plaintiff and Defense side, and managing the needs, expectations, and complaints of the lawyers who practice in the Asbestos Docket. In short, Plaintiffs’ Liaison Counsel is responsible—especially post-covid—for managing the backlog of cases and ensuring that things run smoothly.
Why it’s important
The Plaintiffs’ Liaison Counsel is crucial to the management of the Massachusetts Asbestos Litigation docket and is a central player in the organization and timeliness of the docket. They communicate on behalf of plaintiffs and coordinate all necessary discovery requests, motions, and subpoenas on a case. In a case such as a class action, this plays an important role in keeping the Plaintiffs and appropriate parties organized and on schedule. The Plaintiffs’ Liaison Counsel also manages the complexity of collaborating with the Defendants’ Liaison Counsel and works to find common ground to keep the docket on track.
How Plaintiffs’ Liaison Counsel is selected
The Plaintiffs’ Liaison Counsel can be court-appointed or selected by the plaintiffs. In many cases, each court or docket has appointed a Lead Counsel who should be available in the event of a case where they are needed. Typically, the attorney appointed is committed to their cases and the local and national court systems.
Benefits to our clients
Shepard O’Donnell team members have held the role of Plaintiffs’ Liaison Counsel for the Massachusetts Asbestos Litigation docket since 2017, positioning the firm as a leader in asbestos litigation in Massachusetts. Knowing that someone on your side will be there to represent the case within the court system should serve as peace-of-mind.
Mike Shepard – 2017-2022
Erika O’Donnell – 2022-present
Michael Shepard Quoted in Law360 article on Asbestos Claims
Michael Shepard’s insights were featured in Law 360’s article, “Mass. Lawmakers Weigh Ending Asbestos Claims Time Limit.”
“The Massachusetts Legislature is eyeing a sweeping change to the state’s construction tort statute of repose by eliminating an ironclad six-year limit on certain construction-related asbestos claims, something proponents say would fix a “draconian” interpretation of the law that leaves many families without legal options.”
Michael Shepard Law 360 , “The statute of repose was never designed to insulate companies that knowingly and intentionally used a toxic product … knowing that product won’t cause an injury to people until after the statute of repose has expired,” said Mike Shepard of Shepard O’Donnell, whose firm represented the Oliver estate before the SJC in a suit against General Electric and Metropolitan Life Insurance.
“A company like GE could install asbestos products today and be fully free, because no one will get an injury within the statute of repose time frame. It takes decades for your injury to manifest,” Shepard added. “We don’t see any downside to changing this law.”
“Escaping Liability: Texas Two-Step Under Scrutiny” - Michael Shepard Quoted in Article
Michael Shepard’s insights were featured in the South Carolina Lawyers Weekly article, “Escaping Liability: Texas Two-Step Under Scrutiny.”
Shepard told Massachusetts Lawyers Weekly that while the Texas two-step affects only asbestos and talc victims today, it could one day affect any number of products — pharmaceuticals and vehicles, for instance — on the market that hurt people.
“You’re essentially removing one of the great safeguards that we have in this country from corporate negligence or malfeasance, and that is the right to a jury trial, the right to hold that company accountable,” Shepard said.
Michael Shepard Interviewed on the Texas Two Step and the Georgia-Pacific Case
Michael Shepard was quoted in the Law.com article, “20 State AGs Ask Fourth Circuit to Kill Jones Day’s Texas Two-Step Tactic in Georgia-Pacific Case.”
“If the full panel of the Court of Appeals says the preliminary injunction can’t extend to the parent company—the good
company—it would essentially do away with the Texas Two-Step,” said Michael Shepard, a partner at Shepard
O’Donnell and a member of the asbestos claimants committee in the Georgia-Pacific case.
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Michael Shepard quoted in Bloomberg article, “J&J Jury’s Cancer Verdict Ramps Up Pressure on Bankruptcy Vote,”
Recently, Michael Shepard’s insights were featured in the Bloomberg Law article, “J&J Jury’s Cancer Verdict Ramps Up Pressure on Bankruptcy Vote.”
Claimants could see the verdict as a reason to try their own claims in front of a jury, Michael Shepard, a mesothelioma attorney at Shepard O’Donnell PC, said. Claimants in J&J and other asbestos bankruptcies might try to obtain the same relief from bankruptcy that allowed Valadez to get a jury trial, he said.
That would be a thorny issue for judges, who would be in a position to pick winners and losers, Shepard said. “Which ones do you choose?” he asked.
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Michael Shepard’s insights were featured in the Massachusetts Lawyers Weekly article, “Boston attorney among those hoping to see ‘Texas Two-Step’ waltz off into sunset.”
Recently, Michael Shepard’s insights were featured in the Massachusetts Lawyers Weekly article, “Boston attorney among those hoping to see ‘Texas Two-Step’ waltz off into sunset.”
“Right now, it’s just asbestos and talc victims,” Shepard says. “But tomorrow, it’s going to be pharmaceutical [companies]. It could be automakers. It could be any number of products that are on the market that hurt people. You’re essentially removing one of the great safeguards that we have in this country from corporate negligence or malfeasance, and that is the right to a jury trial, the right to hold that company accountable.”
Read the full article (subscription required): https://bit.ly/3owTOV5