Finally, I am concerned that in a case where the manufacturer has gone bankrupt, the claimant will be unable to recover from the liable party. Does your bill address this issue? Mr. McCAIN. Yes it does. Section 7(a)(2)(B) provides that in a case where the claimant is unlikely to recover the full amount of its damages from the manufacturer, if the other requirements of Section 7 are satisfied, the claimant can bring an action against the supplier. This covers bankruptcy and other scenarios where the manufacturer cannot satisfy an adverse judgment.
Russ Feingold: “Finally, I am concerned that in a case where the manufacturer has gone bankrupt, the claimant will be unable to recover…”
Editor's note · Context
Discussing concerns about liability and recovery in cases of manufacturer bankruptcy.
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