A pharmacist holds a bottle OxyContin made by Purdue Pharma, at a pharmacy in Provo, Utah, U.S., May 9, 2019.  REUTERS/George Frey

Purdue Pharma appeals judge likely to stay deal approval pending appeal

The corporate and regulation agency names proven above are generated routinely based mostly on the textual content of the article. We’re enhancing this characteristic as we proceed to check and develop in beta. We welcome suggestions, which you’ll present utilizing the suggestions tab on the fitting of the web page.

(Reuters) – A New York judge mentioned she’s going to likely situation an order pausing the implementation of Purdue Pharma’s reorganization plan to permit the U.S. Division of Justice’s chapter watchdog and a handful of states time to appeal the deal.

U.S. District Judge Colleen McMahon in Manhattan issued a brief restraining order on Sunday, placing the plan and underlying opioid litigation settlement on maintain till Tuesday afternoon, when she’s going to hear arguments on a movement for a longer-term stay.

A consultant for Purdue didn’t instantly reply to a request for remark.

The OxyContin maker secured chapter courtroom approval of its plan and settlement in September, with help from round 40 states and a variety of municipalities, Native American tribes, hospitals, and private damage claimants, amongst others.

The deal contains authorized protections for the members of the Sackler household that owned Purdue, who’re contributing roughly $4.5 billion to the settlement, towards opioid-related civil lawsuits sooner or later. Court docket paperwork present that total roughly $5.75 billion might be positioned into trusts that may funnel cash to opioid abatement applications and private damage claimants.

DOJ’s chapter watchdog, the U.S. Trustee, and a handful of states have appealed the September order, particularly taking situation with the protections for the Sacklers.

Purdue, represented by Davis Polk & Wardwell, filed for chapter in September 2019 to resolve hundreds of lawsuits accusing it and Sackler members of the family of fueling the U.S. opioid disaster via misleading advertising and marketing of its merchandise.

On Tuesday, McMahon will hear the U.S. Trustee’s motion to stay the implementation of the order approving the plan and settlement whereas the appeal course of performs out. She mentioned in Sunday’s order that she has “no intention” of permitting the problems on appeal to be “equitably mooted,” which means they develop into irrelevant as soon as the phrases of the plan are put in force.

Due to the drawn-out nature of appeals, chapter plans are sometimes put in force earlier than an appeal can play out. This has brought about some courts to decide that if a plan has already been “substantially consummated,” a profitable appeal will do extra hurt than good by forcing the debtors to unwind any transactions they closed via the plan.

Whereas attorneys for Purdue say its plan will not be being applied instantly, U.S. Trustee William Harrington mentioned in courtroom papers that the U.S. 2nd Circuit Court docket of Appeals has beforehand discovered “substantial consummation” when only some steps have been taken to put the plan into impact, making a stay obligatory.

McMahon mentioned in her order that she’s going to resolve the U.S. Trustee’s movement on Tuesday.

“As long as I have jurisdiction to enter a stay pending appeal I fully intend to do so, unless some opponent comes up with an argument that I cannot presently anticipate,” she wrote.

Individually, the U.S. Trustee has requested U.S. Chapter Judge Robert Drain to ship the appeal straight to the 2nd Circuit, skipping over the federal district courtroom degree, the place McMahon sits. Her listening to on Tuesday will come two days earlier than the U.S. Trustee makes it case to Drain.

The case is In re Purdue Pharma LP, U.S. District Court docket, Southern District of New York, No. 21-07966.

For Purdue: Marshall Huebner, Benjamin Kaminetzky, Timothy Graulich, Eli Vonnegut and James McClammy of Davis Polk & Wardwell; and Paul Breene, Ann Kramer, Anthony Crawford and Lisa Szymanski of Reed Smith

For U.S. Trustee William Harrington: Assistant U.S. Trustee Linda Riffkin, DOJ Deputy Director/Common Counsel Ramona Elliott, Affiliate Common counsel P. Matthew Sutko, trial attorneys Beth Levene, Sumi Sakata and Wendy Cox and U.S. Trustee trial attorneys Paul Schwartzberg and Benjamin Higgins

Learn extra:

Purdue Pharma appeals judge tells attorneys to cease ‘deluge of letters’

States to search direct appeal of Purdue Pharma plan to 2nd Circuit

DOJ appeals Purdue Pharma chapter deal, goals to pause approval order

Maria Chutchian

Maria Chutchian experiences on company bankruptcies and restructurings. She could be reached at [email protected]