The Supreme Court may toss out Purdue Pharma’s bankruptcy settlement
The deal is a case study in unsavoury trade-offs
FORTY YEARS ago Owen Fiss, a legal scholar, wrote an article called “Against settlement”, about lawsuits’ social purpose. Big civil disputes of public import, he argued, are about more than money damages. Rather, they present a chance for collective reckoning: airing harms, assigning fault, upholding values. Trials render judgments about conduct. Private settlements, by contrast, might buy peace while leaving justice undone.
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This article appeared in the United States section of the print edition under the headline “A case study in unsavoury trade-offs”
United States December 2nd 2023
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