Background
You are a legislative aide to U.S. Senator Morris from the State of Gallatin. The senator has been asked to co-sponsor legislation that would amend the Bankruptcy Code to reverse the effect of the decision in Harrington v. Purdue Pharma L.P., thus authorizing bankruptcy courts to order non-consensual third-party releases as part of Chapter 11 plans of reorganization in all mass-tort bankruptcy cases. Senator Morris wants to understand the legal and policy issues discussed in both the majority and dissenting opinions in the case before she makes her decision about co-sponsoring. She’s asked you for an analysis of the opinions. Specifically, she wants you to address the following questions in a memorandum: 1. The majority and dissent disagree about the proper interpretation of the language of Section 1123(b)(6) of the Bankruptcy Code. Explain how they interpret the language, including but not limited to their views on the purpose of the section and the Bankruptcy Code. In addition, provide your judgment about which opinion has the better argument as to how the section should be interpreted. 2. The majority and dissent also disagree on whether it is good policy to allow bankruptcy courts to order non-consensual third-party releases. Explain how they disagree. 3. What is your judgment about whether it is good policy to amend the Bankruptcy Code to authorize bankruptcy courts to order non-consensual third-party releases in all mass
tort bankruptcies? General Instructions Your memo should be no more than 5 pages, double spaced, 12 point Calibri, Times New Roman, or similar type, with one inch margins. Submit it as a Word document via the appropriate link on Brightspace. Include your first and last name in the document name. You can refer to Harrington v. Purdue Pharma L.P. in a shortened form, for example “the Purdue case” without formal citation. You should make it clear if you’re referring to the majority or the dissenting opinion, which you can refer to by those names or by the name of the author of the opinion, Justice Gorsuch and Justice Kavanaugh, respectively
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