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posted by janrinok on Friday December 17 2021, @01:56PM   Printer-friendly
from the would-justice-be-a-sentence-to-a-month-of-4x-daily-doses-and-then-no-more? dept.

Judge overturns deal giving Purdue Pharma's Sackler family civil immunity from opioid claims:

A federal judge has upended the bankruptcy plan of OxyContin maker Purdue Pharma, saying the billionaire Sackler family that created the company could not be released from legal claims over the opioid epidemic.

In a 142-page ruling, U.S. District Judge Colleen McMahon in New York said that the controversial provision to grant the Sackler family members immunity from thousands of lawsuits over the public health crisis is "inconsistent" with the U.S. Bankruptcy Code, disagreeing with the court that had approved the approximately $4.5 billion agreement in the fall.

After the decision, the company announced it would appeal. The chairman of the company's board, Steve Miller, said in a statement that the ruling would "delay and perhaps end the ability of creditors, communities, and individuals to receive billions in value to abate the opioid crisis."


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  • (Score: 3, Interesting) by Anonymous Coward on Friday December 17 2021, @02:02PM (6 children)

    by Anonymous Coward on Friday December 17 2021, @02:02PM (#1205776)

    "delay and perhaps end the ability of creditors, communities, and individuals to receive billions in value to abate the opioid crisis."

    What is it with psychopaths who say the exact opposite of the truth? Like, not even just lying. Deliberately, point-by-point inverting the truth as if with a boolean NOT operation.

    • (Score: 5, Funny) by YeaWhatevs on Friday December 17 2021, @02:08PM (1 child)

      by YeaWhatevs (5623) on Friday December 17 2021, @02:08PM (#1205778)

      And they even forgot to turn the and into or. DeMorgan. Sheesh.

      • (Score: 3, Insightful) by crafoo on Friday December 17 2021, @02:42PM

        by crafoo (6639) on Friday December 17 2021, @02:42PM (#1205787)

        It must work. My guess is that it works pretty well.

    • (Score: 5, Insightful) by Azuma Hazuki on Friday December 17 2021, @05:12PM (2 children)

      by Azuma Hazuki (5086) on Friday December 17 2021, @05:12PM (#1205842) Journal

      Because they can, simple as that.

      They've had the realization that with enough power and money, the world is yours for the taking and you can do essentially anything you want to anyone you want. Very few people will even try to resist you. They're also evilminded to begin with (else they wouldn't act on that knowledge this way...), so they were going to try it no matter what anyway.

      --
      I am "that girl" your mother warned you about...
      • (Score: 0) by Anonymous Coward on Friday December 17 2021, @07:11PM (1 child)

        by Anonymous Coward on Friday December 17 2021, @07:11PM (#1205898)

        Very few people will even try to resist you.

        That is why you should be grateful for us assholes. Overbearing asshole attempts to push assholes around, it' just BANG! 'Nuther Rittenhouse shootout with pervs and criminals biting the dust.

        • (Score: 2, Touché) by Anonymous Coward on Friday December 17 2021, @07:48PM

          by Anonymous Coward on Friday December 17 2021, @07:48PM (#1205909)
          I don't see owners of corporations dropping dead in the streets, and wage theft is the predominant crime in this country. Call me back when you go all vigilante on the actual criminals, internet tough guy.
    • (Score: 0) by Anonymous Coward on Saturday December 18 2021, @02:31PM

      by Anonymous Coward on Saturday December 18 2021, @02:31PM (#1206152)

      Aww, look at who's showing his (very) basic computer knowledge.

  • (Score: 5, Insightful) by Snotnose on Friday December 17 2021, @02:04PM (12 children)

    by Snotnose (1623) on Friday December 17 2021, @02:04PM (#1205777)

    These people need to be stripped of all their wealth and tossed into the Uncle Sam Inn for several years.

    --
    I hate it when I see an old person, then realize we went to high school together.
    • (Score: 0) by Anonymous Coward on Friday December 17 2021, @02:15PM (5 children)

      by Anonymous Coward on Friday December 17 2021, @02:15PM (#1205780)
      Several lifetimes.
      • (Score: 2, Insightful) by Anonymous Coward on Friday December 17 2021, @02:43PM (4 children)

        by Anonymous Coward on Friday December 17 2021, @02:43PM (#1205788)

        Feed them their Oxy and then withhold... They can feel like its been a few life times.

        • (Score: 3, Informative) by FatPhil on Friday December 17 2021, @03:03PM (3 children)

          by FatPhil (863) <reversethis-{if.fdsa} {ta} {tnelyos-cp}> on Friday December 17 2021, @03:03PM (#1205797) Homepage
          There is a certain "punishment fits the crime" aspect to that. (Note, however, that the dept. line at the top had already addressed a similar approach.)
          --
          Great minds discuss ideas; average minds discuss events; small minds discuss people; the smallest discuss themselves
          • (Score: 2) by captain normal on Friday December 17 2021, @04:52PM (1 child)

            by captain normal (2205) on Friday December 17 2021, @04:52PM (#1205837)

            You must be a lawyer, you read all the fine print. :-)))

            --
            When life isn't going right, go left.
            • (Score: 2) by DannyB on Friday December 17 2021, @07:01PM

              by DannyB (5839) on Friday December 17 2021, @07:01PM (#1205894) Journal

              Fine print. Very fine print on many sides.

              --
              If you have one of those computers that makes it difficult to get work done, use Hyper-V to install Linux.
          • (Score: 0) by Anonymous Coward on Friday December 17 2021, @06:35PM

            by Anonymous Coward on Friday December 17 2021, @06:35PM (#1205878)

            (Note, however, that the dept. line at the top had already addressed a similar approach.)

            Oh, that one's great, and I hadn't even read it! +1 to you.

    • (Score: 5, Insightful) by Thexalon on Friday December 17 2021, @03:02PM (5 children)

      by Thexalon (636) on Friday December 17 2021, @03:02PM (#1205796)

      But dontchya know, crimes that result in thousands of deaths and billions of dollars in harm are A-OK in America so long as you commit them via a limited liability corporation! Whenever you start to get caught, just take the money and run, let any other shareholders lose out, and the LLC who is held liable mysteriously doesn't have any assets anymore.

      And the negotiated settlement was all about substituting real accountability for a completely fictional $4.5 billion and a headline for the prosecutors. The judge made the right call.

      --
      The only thing that stops a bad guy with a compiler is a good guy with a compiler.
      • (Score: 4, Funny) by FatPhil on Friday December 17 2021, @03:05PM

        by FatPhil (863) <reversethis-{if.fdsa} {ta} {tnelyos-cp}> on Friday December 17 2021, @03:05PM (#1205798) Homepage
        Real pros go bankrupt at least 5 times, these Sacklers are newbs.
        --
        Great minds discuss ideas; average minds discuss events; small minds discuss people; the smallest discuss themselves
      • (Score: 4, Interesting) by Anonymous Coward on Friday December 17 2021, @03:09PM

        by Anonymous Coward on Friday December 17 2021, @03:09PM (#1205802)

        Just make sure the employee pension is raided as part of the bankruptcy proceedings after moving the executives assets offshore. Both of which actually happened, in this case.

      • (Score: 2) by bussdriver on Friday December 17 2021, @04:44PM (2 children)

        by bussdriver (6876) on Friday December 17 2021, @04:44PM (#1205832)

        I keep wondering when smaller criminals will try the same formula -- like a man making an LLC murder his wife by contractor. Or maybe 1st degree is just too obvious (so far?) Smaller local biz let the owners off pretty much but they lose enough $ to feel it; being smaller. no jail except for fraud it seems...

        • (Score: 2, Informative) by Anonymous Coward on Friday December 17 2021, @06:27PM (1 child)

          by Anonymous Coward on Friday December 17 2021, @06:27PM (#1205874)

          I'm going to tell you: every business I've worked for, in my entire lifetime (quite a number) has broken one or more obvious laws. Typically, they target their workers for abuse, because the workers are even smaller fish than them.

          The worst part? They always know. It's never just accidental.

          • (Score: 0) by Anonymous Coward on Friday December 17 2021, @06:52PM

            by Anonymous Coward on Friday December 17 2021, @06:52PM (#1205889)

            No, the worst part is that they post all those rules and regulations on the breakroom wall like the law says they are supposed to, and when you point out to the others the text telling them that they are being screwed illegally, they will tell you to shut up and don't rock the boat.

  • (Score: 4, Insightful) by Gaaark on Friday December 17 2021, @03:16PM (1 child)

    by Gaaark (41) on Friday December 17 2021, @03:16PM (#1205804) Journal

    A judge with a brain and a conscience...nice!

    --
    --- Please remind me if I haven't been civil to you: I'm channeling MDC. ---Gaaark 2.0 ---
    • (Score: -1, Flamebait) by Anonymous Coward on Friday December 17 2021, @03:36PM

      by Anonymous Coward on Friday December 17 2021, @03:36PM (#1205812)

      The judge is just another antisemite trying to destroy a hard working Jewish family.

  • (Score: 4, Interesting) by bussdriver on Friday December 17 2021, @04:51PM (2 children)

    by bussdriver (6876) on Friday December 17 2021, @04:51PM (#1205835)

    One thing China does do best is punish management that goes way too far. Extremely greedy acts that kill people get extreme punishments that fit the crime! China executes them. It doesn't happen often but then maybe people like this wouldn't dare go so far if they knew they'd die... unlike most death penalties, the criminal doesn't think they'll be caught in the impulsive act (often not even thinking much beyond the act itself) which is why it does not deter crime hardly at all; however, these are long term well thought out scams usually involving lawyers aiding them. They calculate the acceptable risks AND the cost of being caught. They know they will STILL be wealthy and their brats will be wealthy even if they spend a few years in a prison better than most retirement homes... and with lots of cheap lawyers they can STALL until retirement.

    • (Score: 1, Interesting) by Anonymous Coward on Friday December 17 2021, @07:03PM

      by Anonymous Coward on Friday December 17 2021, @07:03PM (#1205896)

      unlike most death penalties, the criminal doesn't think they'll be caught in the impulsive act (often not even thinking much beyond the act itself) which is why it does not deter crime hardly at all;

      They are risk takers and don't care about being caught, even if, neurologically it's more complex than that. [thelancet.com] The psychological differentiation between white collar criminals and common criminals is referred to as executive function, [nih.gov] however, the underlying pathology is the same.

    • (Score: 1, Interesting) by Anonymous Coward on Friday December 17 2021, @07:28PM

      by Anonymous Coward on Friday December 17 2021, @07:28PM (#1205905)

      You will notice the Chinese Communist Party whom you admire for their dispensing of justice never dispense justice on the Chinese Communist Party which is nearly always partnered with whichever businessman makes it big. I am glad you enjoy a good public flogging of a scapegoat.

  • (Score: 3, Insightful) by istartedi on Friday December 17 2021, @10:24PM (5 children)

    by istartedi (123) on Friday December 17 2021, @10:24PM (#1205951) Journal

    IANAL, but this might be considered piercing the corporate veil [wikipedia.org] and it's all too rare. The legal system simply cannot get over its delusion that corporations are people. The veil has a legitimate purpose--you wouldn't want everybody who has Chevron in their 401k to be liable for an oil spill. OTOH, if they can find a chain of memos where an officer of the firm directed people to do things that directly lead to the spill, they should be able to go after those guys. "The corporation" didn't do anything. People did. Real people. Get that through your heads, you foolish delusional lawyers and judges.

    --
    Appended to the end of comments you post. Max: 120 chars.
    • (Score: 0) by Anonymous Coward on Saturday December 18 2021, @01:28AM

      by Anonymous Coward on Saturday December 18 2021, @01:28AM (#1206035)

      The problem is that the corporate veil even exists under criminal law. It was supposed to be a purely civil construct.

    • (Score: 2) by legont on Saturday December 18 2021, @05:56AM (2 children)

      by legont (4179) on Saturday December 18 2021, @05:56AM (#1206077)

      Not so long ago corporate executives were made personally responsible for underfunded pension liabilities. They responded by eliminating pension plans all together.
      What it better - to have some underfunded plans or no pension plans at all?

      --
      "Wealth is the relentless enemy of understanding" - John Kenneth Galbraith.
      • (Score: 3, Insightful) by khallow on Saturday December 18 2021, @01:12PM (1 child)

        by khallow (3766) Subscriber Badge on Saturday December 18 2021, @01:12PM (#1206132) Journal

        What it better - to have some underfunded plans or no pension plans at all?

        No pension plan, of course. I'm surprised you even ask the question. The first situation creates a divergence between worker expectations and future reality, incentives for future business managers to go crook, and turns into "no pension plans at all" when the funds run out.

        • (Score: 0) by Anonymous Coward on Sunday December 19 2021, @12:47PM

          by Anonymous Coward on Sunday December 19 2021, @12:47PM (#1206343)

          Exactly right. The employees pay into while the management funnels the money to their own accounts.
          An under-funded pension plan is a theft in progress.

    • (Score: 1) by khallow on Saturday December 18 2021, @01:38PM

      by khallow (3766) Subscriber Badge on Saturday December 18 2021, @01:38PM (#1206141) Journal
      What about this story is relevant to piercing the veil?

      OTOH, if they can find a chain of memos where an officer of the firm directed people to do things that directly lead to the spill, they should be able to go after those guys.

      Well, they do go after those guys. This is not a magic "get out of jail free" card.

      If you're going to talk about the flaws of corporate personhood and piercing the veil, could you at least answer the first question above? My take is that these things aren't relevant. Even if we threw away some of the best economic advances of the past few centuries, we're still stuck with the problem that the business owner can't be fully responsible for the actions of their underlings.

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