3rd Circuit Hears Arguments in LTL Management Appeal, Justices Ask if J&J Used Texas Two-Step to Gain Litigation Advantage

PHILADELPHIA –– The 3rd Circuit U.S. Court of Appeals heard oral arguments related to the appeal of orders that allowed LTL Management to continue with its Chapter 11 bankruptcy petition, inquiring during the proceedings whether Johnson & Johnson had used the Texas Two-Step legal strategy to gain a litigation advantage.

According to a Sept. 19 docket entry, the 3rd Circuit U.S. Court of Appeals, Justices Thomas L. Ambro, L. Felipe Restrepo and Julio M. Fuentes heard the oral arguments.

In its brief filed with the 3rd Circuit, LTL Management maintained that it filed its Chapter 11 bankruptcy petition …