this post was submitted on 22 Oct 2023
493 points (98.4% liked)

News

23014 readers
6 users here now

Welcome to the News community!

Rules:

1. Be civil


Attack the argument, not the person. No racism/sexism/bigotry. Good faith argumentation only. This includes accusing another user of being a bot or paid actor. Trolling is uncivil and is grounds for removal and/or a community ban.


2. All posts should contain a source (url) that is as reliable and unbiased as possible and must only contain one link.


Obvious right or left wing sources will be removed at the mods discretion. We have an actively updated blocklist, which you can see here: https://lemmy.world/post/2246130 if you feel like any website is missing, contact the mods. Supporting links can be added in comments or posted seperately but not to the post body.


3. No bots, spam or self-promotion.


Only approved bots, which follow the guidelines for bots set by the instance, are allowed.


4. Post titles should be the same as the article used as source.


Posts which titles don’t match the source won’t be removed, but the autoMod will notify you, and if your title misrepresents the original article, the post will be deleted. If the site changed their headline, the bot might still contact you, just ignore it, we won’t delete your post.


5. Only recent news is allowed.


Posts must be news from the most recent 30 days.


6. All posts must be news articles.


No opinion pieces, Listicles, editorials or celebrity gossip is allowed. All posts will be judged on a case-by-case basis.


7. No duplicate posts.


If a source you used was already posted by someone else, the autoMod will leave a message. Please remove your post if the autoMod is correct. If the post that matches your post is very old, we refer you to rule 5.


8. Misinformation is prohibited.


Misinformation / propaganda is strictly prohibited. Any comment or post containing or linking to misinformation will be removed. If you feel that your post has been removed in error, credible sources must be provided.


9. No link shorteners.


The auto mod will contact you if a link shortener is detected, please delete your post if they are right.


10. Don't copy entire article in your post body


For copyright reasons, you are not allowed to copy an entire article into your post body. This is an instance wide rule, that is strictly enforced in this community.

founded 1 year ago
MODERATORS
top 44 comments
sorted by: hot top controversial new old
[–] [email protected] 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

[–] [email protected] 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.

[–] [email protected] 42 points 1 year ago

The entire sackler family

[–] [email protected] 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

[–] [email protected] 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.

[–] [email protected] 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).

[–] [email protected] 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?

[–] [email protected] 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

[–] [email protected] 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.

[–] [email protected] 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.

[–] [email protected] 4 points 1 year ago

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

[–] [email protected] 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.

[–] [email protected] 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.

[–] [email protected] 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.

[–] [email protected] 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.

[–] [email protected] 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.

[–] [email protected] 5 points 1 year ago

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

[–] [email protected] 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.

[–] [email protected] 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." 😂

[–] [email protected] 26 points 1 year ago (1 children)

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

[–] [email protected] 17 points 1 year ago (1 children)

ILOVEANAL has a certain catchy thrust to it, yes.

[–] [email protected] 4 points 1 year ago (1 children)

Just slides right into place with little resistance.

[–] [email protected] 2 points 1 year ago

Just the tip.

[–] [email protected] 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.

[–] [email protected] 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.

[–] [email protected] 7 points 1 year ago (2 children)
[–] [email protected] 10 points 1 year ago (1 children)

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

[–] [email protected] 3 points 1 year ago

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

[–] [email protected] 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.

[–] [email protected] 6 points 1 year ago

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

[–] [email protected] 1 points 1 year ago

Definitely true

[–] [email protected] 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.

[–] [email protected] 26 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.

[–] [email protected] 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.

[–] [email protected] 10 points 1 year ago

That movie haunts me to this day. Ivanka seemed like the best of the lot and well, that didn't turn out great.

[–] [email protected] 11 points 1 year ago

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

[–] [email protected] 9 points 1 year ago (3 children)

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

[–] [email protected] 13 points 1 year ago (1 children)

Ill believe corporations are people when Texas executes one.

[–] [email protected] 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.

[–] [email protected] 2 points 1 year ago

A little baby powder will protect them.

[–] [email protected] 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.

[–] [email protected] 3 points 1 year ago

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

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

[–] [email protected] 1 points 1 year ago (1 children)
[–] [email protected] 1 points 1 year ago

That aged well.