this post was submitted on 22 Oct 2023
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[–] Redhotkurt@kbin.social 224 points 1 year ago (4 children)

What a crock of shit. Johnson & Johnson netted $17 billion USD in 2022, so it's not like they can't afford to pay any settlements. They just don't want to. In the last 5 years they netted 84 billion dollars, and that is all profit. Yeah, fuck you, J&J

[–] Fuckfuckmyfuckingass@lemmy.world 79 points 1 year ago (4 children)

I'm against corporal punishment, but I think there are white collar crimes that should carry the death penalty.

[–] Poach@lemmy.world 42 points 1 year ago

The entire sackler family

[–] makyo@lemmy.world 26 points 1 year ago

I mean at the very least if corporations are people then they should be eligible for the death penalty too

[–] chiliedogg@lemmy.world 13 points 1 year ago

While it's not all the way there, the "depraved heart" rule does exist.

It allows the court to consider extreme indifference to the safety of others as being so depraved that it can be considered intent to kill - elevating wrongful death to 2nd degree homicide.

An example would be a drug or auto manufacturer executive choosing not to issue a safety recall for financial reasons. The idea is there's clear knowledge that great harm is likely from their inaction, and they're actively choosing to inflict that harm.

[–] girlfreddy@sh.itjust.works 0 points 1 year ago

I'd vote for the entire Wall St bunch who brought down the world economy in '08 (and got off scott free).

[–] avidamoeba@lemmy.ca 21 points 1 year ago (1 children)

Isn't that the point of limited liability corporations? To move profits into private pockets while keeping liabilities in the corporation?

[–] girlfreddy@sh.itjust.works 16 points 1 year ago* (last edited 1 year ago) (1 children)

That's not what they did tho. They did this instead ... and lower courts said no.

J&J is among four major companies that have filed so-called Texas two-step bankruptcies to avoid potentially massive lawsuit exposure. The tactic involves creating a subsidiary to absorb the liabilities and to immediately file for Chapter 11.

source here

[–] Bakkoda@sh.itjust.works 8 points 1 year ago

Look up MNK/Mallinkrodt aka SpecGX. Just filed for bankruptcy right after emerging from bankruptcy in order to shed the original agreement of future products in lieu of fines or some such shit. Opioid manufacturer double bankruptcy.

[–] fmstrat@lemmy.nowsci.com 8 points 1 year ago

The bankruptcy is a plan in place with counsel representing claimants so they can free up cash reserves and pay them.

Notably, our appeal recently was joined by counsel representing the vast majority of the talc claimants," he said.

They don't have enough cash on hand, so they bankrupt part of the company and sell.

Everyone should read the article.

[–] RizzRustbolt@lemmy.world 4 points 1 year ago

Considering that the settlements could be upwards of 750 billion, maybe they're just pre-declaring.

[–] TWeaK@lemm.ee 72 points 1 year ago (2 children)

I don't really trust this website, they seem to be pushing you towards their paid services rather than providing useful news.

In any case, my understanding is that this is pretty old news. Also, it's not J&J filing for bankruptcy, but a spin-off subsiduary that they created after the fact and have given all the IP rights to. They've lost every step of the way so far because what they're trying to do is so transparent, they're trying to shirk liability when at the time it was all theirs and theirs alone.

[–] partial_accumen@lemmy.world 44 points 1 year ago (1 children)

Also, it’s not J&J filing for bankruptcy, but a spin-off subsiduary that they created after the fact and have given all the IP rights to.

General Motors tried this same garbage tactic to get out of paying for their liability with mercury switches. General Motors declared bankruptcy, then created a NEW company called...General Motors. They transferred all the assets from old GM to new GM, and left all the liabilities with old GM. It took years, but a number of states sued and got a settlement.

[–] TWeaK@lemm.ee 22 points 1 year ago (1 children)

I wish they hadn't settled on these matters. Sometimes things need to be brought to court - and when the state is involved there's less of an excuse not to.

[–] partial_accumen@lemmy.world 9 points 1 year ago

I agree, but at least its better then GM getting away with it totally. The suit I'm aware of was only 12 states, so I'm assuming the other 38 got nothing from this settlement.

[–] ThePantser@lemmy.world 16 points 1 year ago (1 children)

So if a company files bankruptcy and they hold IP and patents that should void all IP and patents. At least that's how it should work.

[–] mjhelto@lemm.ee 5 points 1 year ago

Imagine their compliance to laws if they lost IP and patents should they go bankrupt. 🤤

[–] spyke@lemm.ee 31 points 1 year ago (2 children)

IANAL but I believe there is significant legal precedent against this. Most notably the recent order preventing Purdue Pharma, and the Sackler family from that very protection.

[–] ytsedude@lemmy.world 21 points 1 year ago (4 children)

There's gotta be a better way to rephrase that and end up with a different abbreviation than "I ANAL." 😂

[–] mycatiskai@lemmy.one 26 points 1 year ago (1 children)

Does I Literally, Obviously, Vociferously, Emphatically Am Not A Lawyer work better?

[–] Ersatz86@lemmy.world 17 points 1 year ago (1 children)

ILOVEANAL has a certain catchy thrust to it, yes.

[–] mjhelto@lemm.ee 4 points 1 year ago (1 children)

Just slides right into place with little resistance.

[–] RizzRustbolt@lemmy.world 2 points 1 year ago

Just the tip.

[–] EpeeGnome@lemmy.fmhy.net 10 points 1 year ago (2 children)

You'd think so, but that's been a standard abbreviation around the Internet for at least 5 years.

[–] ThePantser@lemmy.world 7 points 1 year ago

INAL would be less ANALy, I'm Not A Lawyer but I love IANAL because I have to stop and think about butts.

[–] mars296@kbin.social 7 points 1 year ago (2 children)
[–] ares35@kbin.social 10 points 1 year ago (1 children)

it's a lot older than that. dates back to usenet, so three decades at least.

[–] mars296@kbin.social 3 points 1 year ago

Question is when it became "the standard". We need an internet historian to weigh in.

[–] EpeeGnome@lemmy.fmhy.net 1 points 1 year ago

I figured it was longer, but I couldn't be bothered to research it, so I could only speak from my own memory.

[–] dohpaz42@lemmy.world 6 points 1 year ago

Let's be honest: ever met a non-anal lawyer?

[–] TrickDacy@lemmy.world 1 points 1 year ago

Definitely true

[–] xkforce@lemmy.world 8 points 1 year ago

Purdue mostly got away with what they did though. Half a million dead and just a relative slap on the wrist by comparison.

[–] Reality_Suit@lemmy.one 25 points 1 year ago* (last edited 1 year ago)

Johnson and Johnson is evil. The company shall fail. The market has spoken. Accept the punishment for your crimes Johnson & Johnson.

[–] LongbottomLeaf@lemmy.nz 14 points 1 year ago (1 children)

I wonder what Jamie would have to say about this. He should make a sequel, it's been 20 years.

[–] theodewere@kbin.social 11 points 1 year ago

the CEO and the Board negotiate with the Supreme Court for their Golden Parachutes

[–] ThePantser@lemmy.world 9 points 1 year ago (3 children)

But companies are people! We must protect the people! /s

[–] xkforce@lemmy.world 13 points 1 year ago (1 children)

Ill believe corporations are people when Texas executes one.

[–] girlfreddy@sh.itjust.works 3 points 1 year ago

As a Canadian I have never understood how your SCOTUS ruled that corps have the same rights as people. It makes no logical sense whatsoever.

I mean people survived millennia without corps, but corps wouldn't survive one day without people. Ergo we are top of the pecking order here ... or should be anyway.

[–] RizzRustbolt@lemmy.world 2 points 1 year ago

A little baby powder will protect them.

[–] mjhelto@lemm.ee 0 points 1 year ago* (last edited 1 year ago)

My question is, when this shit passed, why did no one tell those fucks, "ok you're people too, which means the laws that pertain to a person are now applicable to whatever CEO and board members approved decisions that broke those laws." As it is right now, those fuckers get their cake and eat it too and it infuriates me to no end.

[–] RizzRustbolt@lemmy.world 3 points 1 year ago

But... but... but... bad science.

(At least according to a lot of suspiciously popular redditors anyways)

[–] some_guy@lemmy.sdf.org 1 points 1 year ago (1 children)
[–] dohpaz42@lemmy.world 1 points 1 year ago

That aged well.