You May be Entitled to Significant Compensation Industrial talc asbestos. Johnson & Johnson powders were proven to contain asbestos (a cancer causing agent) and the company failed to notify users of the cancer risk. $2 BILLION has already been awarded to claims. Free To File! No Fees Unless A Settlement Is Awarded!
J&J’s proposed talc settlement will pay $440 million US state AGs. Industrial Talc Asbestos .
Johnson & Johnson (JNJ.N) has set aside $400 million to address U.S. state consumer protection actions as part of its broad $8.9 billion deal to settle claims that its Baby Powder and other talc-based items cause cancer. Industrial talc asbestos.
J&J subsidiaries LTL Management filed a bankruptcy plan in New Jersey late on Monday that details how the company plans to pay different kinds of cancer sufferers in an arrangement for bankruptcy. Industrial talc asbestos. J&J has claimed that its Talc products are safe and don’t cause cancer. J&J is seeking another time to settle more than 38,000 lawsuits in bankruptcy and prevent new cases from coming forward in the future.
LTL’s bankruptcy plans would deposit $400 million to an additional trust to settle claims filed from state attorney generals claiming that J&J did not comply with the state’s unfair commercial practices and consumer protection laws, by deceiving consumers regarding the safety of its talc products.
Many states had initiated consumer protection lawsuits against J&J before LTL’s first bankruptcy filing stopped these investigations from taking place in 2021. Industrial talc asbestos. New Mexico and Mississippi had already filed lawsuits against Johnson & Johnson before then and states like Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative subpoenas or demands in LTL’s court filings.
New Mexico and Mississippi have taken steps to halt the bankruptcy of LTL in a joint move with cancer victims as well as their counterparts from the U.S. Justice Department’s bankruptcy watchdog, who have argued that a successful company like J&J cannot benefit from bankruptcy protections intended for people with debt problems.
LTL’s first attempt at resolving the bankruptcy cases was thrown out after similar arguments, when a U.S. appellate court decided the LTL did not have “financial difficulty” and ineligible to receive bankruptcy relief. Industrial talc asbestos. LTL had filed for bankruptcy again within two hours of the dismissal, saying that the second bankruptcy was different in that it had less money and had a greater chance of securing the settlement.
New Mexico and Mississippi said in their motion for dismissal that LTL’s new bankruptcy violates state law enforcement authorities in attempting to unilaterally limit the liability of the company in state consumer protection laws.
Industrial Talc Asbestos
LTL’s filings for the new year also contained additional details about how the company would evaluate and settle cancer claims if the bankruptcy plan is approved.
The largest amount of money under the settlement would be $500,000 to those diagnosed with mesothelioma that is terminal before the age of 45, and $260,000 for those diagnosed with cancer of the ovary before age 45.
From there, the proposed settlement applies discounts depending on the kind and severity of cancer, the patient’s age, previous talc use and other factors. Industrial talc asbestos. For example an individual who was using talc products on a weekly basis, who had a family history of ovarian cancer and was diagnosed stage II ovarian cancer by age 55 might qualify to receive a payout of $21,125 under the settlement plan.
Judge orders J&J and talc opponents participate in settlement talks.
Following another hearing in Johnson & Johnson’s effort to implement a Texas Two-Step bankruptcy strategy to settle talc lawsuits and federal bankruptcy judge Michael Kaplan has ordered the company as well as those who oppose the move to conduct talks to reach a settlement, Bloomberg reports.
In its second bankruptcy effort for LTL management, a subsidiary founded by J&J to hold the claims–the company proposed a settlement of $8.9 billion. Industrial talc asbestos. While a group of law firms representing plaintiffs agree with the offer, another group is opposed to the offer.
In the last week, an opposition group, called the Official Committee of Talc Claimants and urging the bankruptcy court to disqualify the petition by asserting that LTL is not a factor to be in financial trouble.
“The filing is an incredibly legal and ineffective attempt by a tiny number of law firms to prevent claimants from voting on the resolution plan – a plan the vast majority of claimants support,” J&J’s litigation chief Erik Haas, said in a statement. Industrial talc asbestos. “The law firms that are behind these filings have interests in finance that clash with, diverge from, and infringe on the rights of their clients. We will be submitting a response before the court of appeals.”
Industrial talc asbestos. Clay Thompson, a lawyer for MRHFM who is home to more than patients with mesothelioma who have filed lawsuits against J&J and J&J, has said that the company’s second bankruptcy try will fail.
“J&J issue press releases about how great its plan is, while requesting that details of the plan, such as what each sick person will receive–be kept secret,” Thompson said in the statement. “What do they have to conceal?”
Kaplan has directed the parties to create a arrangement plan under the oversight from two mediators.
In February 2022, Kaplan stated that J&J’s use of Chapter 11 to hasten a settlement that would release the company from the thousands of lawsuits concerning its talcum products.
In the month of January, a federal appeals court ruled against the decision, ruling that the company was not able to be considered to be in “financial distress.”
After J&J’s make an appeal before the U.S. Supreme Court was dismissed on April 1, J&J applied for its first bankruptcy roughly two hours after. In response, Kaplan froze the lawsuits for 60 calendar days to decide whether to allow another bankruptcy.
J&J’s unstoppable profit machine sputters after $6.9B the talc litigation cost.
With the 2 Chapter 11 attempts, J&J has been able to buy 19 months in which cases were put on hold. Industrial talc asbestos. The company wants claimants to accept their settlement. J&J will require 75% approval for the deal to pass.
In addition to the group of talc lawyers who panned the company’s bankruptcy play and the U.S. Trustee is an arm of the U.S. Department of Justice was also the one to file an appeal to dismiss LTL’s second bankruptcy case.
In a recent filing, U.S. Trustee Andrew R. Vara wrote that the bankruptcy are “open to honest but unfortunate debtors.” Those doors “are not open to parties that do not have a legitimate goal or who seek to take advantage of the bankruptcy process to delay or hinder their creditors,” Vara continued.
On the other hand, J&J maintains there is no conclusive evidence that its talc products, including its famous baby powder, cause cancer. J&J has adopted the products of the market–first on North America in 2020–and the rest of the world next year.
J&J seeks to avoid the cost of going to trial. It has won most of the cases that have been resolved at trial, but certain losses have been extremely severe.
A high-profile trial in Missouri led to an $4.7 billion judgment against the drug manufacturer, which was later reduced to $2.1 billion after appeals.
Johnson & Johnson faces high-stakes hearing over ‘Texas Two Step’ talc strategy: report
Overall, J&J has lost nine trial involving talc that are in appeal or concluded. Out of 41 trials, 32 of them ended in the favor of J&J or a mistrial, or verdict of a plaintiff annulled in appeal. Industrial talc asbestos. The company also in 2020 negotiated to settle around 1,000 cases worth $100 million, Bloomberg reported at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Industrial Talc Asbestos
Our lawyers handle baby powder cases in every state. The talcum powder lawsuits against Johnson & Johnson have been going on for a long time. Industrial talc asbestos. The lawsuits allege that prolonged use of the powder (or “talc”), the active ingredient found in products such as Shower to Shower Powder as well as Shower to Shower as well as other products, may cause cancer of the ovary in certain women.
This page provides a J&J update on the talc power litigation and provides an overview of how the upcoming bankruptcy ruling will impact the final settlement amount in these Ovarian Cancer lawsuits.
Is the deadline for you to file a talcum powder lawsuit? Many people who think the time limit has expired to sue Johnson & Johnson are wrong. Call us today at 800-553-8082 or get a free and quick case review online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Industrial Talc Asbestos
June 2 2023 Update: During the asbestos talc case that took place in California yesterday, some technical issues disrupted the opening speech of defense lawyers. Industrial talc asbestos. Jurors watching from home via Zoom however, heard Johnson and Johnson’s lawyer express doubts about the 70s research asserting the presence of asbestos in their product, but the trial was abruptly closed.
Meanwhile, the plaintiff was able to introduce the first of their witnesses, Arthur Langer. Langer explained that the occurrence of other minerals alongside the talc’s mineral content is inevitable. He said that his team had notified J&J in 1971 of the presence of asbestos chrysotile in the talc manufactured by the company, though with lesser than 0.1 percent. He also found more asbestos in 1976.
June 1st, 2023 Update: Industrial talc asbestos. First trial after J&J has decided to separate its Talc section and declaring bankruptcy is a pivotal moment within the ongoing litigation drama. The trial began on Tuesday in the poignant case of a young 24-year-old plaintiff who was diagnosed with an aggressive and rare form of mesothelioma last year, an illness that lawyers on both sides acknowledge is a grave tragedy.
Opening statements revealed the sharp differences in the two sides’ story. The attorney representing the plaintiff took aim at Johnson & Johnson, alleging the use of deceptive techniques in its research practices and throughout the litigation procedure. According to the attorney, Johnson & Johnson tried to alter the definition of asbestos, despite internal documents from between 1978 and 1994 that showed fibers discovered in the tissues of the plaintiff are part of.
Johnson &J’s highly uncertain $8.9 billion settlement offer hangs in the balance as we development of the trial. Despite the distinct nature of this mesothelioma lawsuit and its unique challenges compared to other talcum powder lawsuits and a decision in favor of the plaintiff could result in the company with a major setback in its hopes of broad acceptance of their settlement proposal among plaintiffs.
May 31st 2023 Update: Johnson & Johnson’s bankrupted talc unit has strongly defended the two-time Chapter 11 filing in the opposition of injured talc claimants. In an opposition filed with the New Jersey bankruptcy court, it argued that the case was vastly different from the first filing. It also emphasized the unprecedented commitment of $8.9 billion in settlement from J&J as the biggest settlement ever to be made in an bankruptcy case involving mass torts. Industrial talc asbestos. The issue is not discussed: whether the magnitude of the settlement indicates that it is a fair settlement. J&J also claimed support from numerous plaintiffs’ law firms representing more than sixty thousand claimants. This is difficult to verify but it’s likely to be false.
May 24 2023 Update: Following Johnson & Johnson’s 2021 bankruptcy filing, the very first trial on its cosmetic talc items allegedly containing asbestos is set to start jury selection on Monday in California in Alameda County Superior Court, a historically good jurisdiction for plaintiffs. The plaintiff claims his mesothelioma resulted from asbestos exposure from J&J’s products which the company denies. The trial also involves six retailers who are accused of selling talc-based products.
May 22nd, 2023 Update Lawyers in the 2nd J&J talc bankruptcy are fighting over who should be chosen to fill the role of future claims representative, a role that is critically critical to resolving talc claims. Industrial talc asbestos. Randi Ellis, a lawyer who is frequently involved in MDLs across the country, was appointed as the claims representative in the initial bankruptcy. J&J’s defense attorneys want Ellis to be appointed to that role yet again, but the lawyers for the talc plaintiffs are protesting on the grounds that Ellis has a conflict of interest that would prevent her from being appointed to that post in the future. The issue stems from the reality that Ellis was apparently involved in the creation of the hotly disputable second bankruptcy, raising doubts about her capacity to be neutral. The reality is this bankruptcy will likely to get dismissed anyway.
May 17th, 2023 Update: The fake company J&J made up to settle the talc litigation bankruptcy informed the New Jersey bankruptcy court that they had allocated $400 million to settle the claims brought by states accusing the company of misleading advertising for its talc product. Industrial talc asbestos. It’s a $8.5 billion settlement to cancer victims. It’s difficult to imagine a scenario where J&J will be able to push the settlements of baby powder through given these numbers. While J&J’s proposed $8.5 billion offer may seem like a huge sum initially, it may not look great when you consider the math. The settlement plan based on our estimates – will not provide victims with much more than a median settlement of $100,000 per instance. That’s not enough.
May 15 2023, Update J&J could be facing lawsuit by an advocacy group representing cancer victims. Industrial talc asbestos. The group claims that J&J intentionally withdrew the $61.5 billion funding agreement with its subsidiary, LTL Management LLC, to simulate financial stress and confirm the unit’s Chapter 11 bankruptcy filing. The group claims that this move is equivalent to a fraudulent transfer of victims’ compensation rights. They plan to explore J&J’s actions after the announcement of the dismissal of LTL’s first bankruptcy case.
May 10, 2023 Update: Next week in the U.S. Bankruptcy Court in New Jersey will hear oral arguments regarding a motion to dismiss the second bankruptcy application by J&J subsidiaries LTL Management. In the meantime, however, the bankruptcy has issued an Order requiring both sides to participate in a new settlement negotiation to see if it will be possible to reach a global settlement agreement come to fruition.
May 5, 2023: Update on Talc provider Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to numerous lawsuits alleging its talc products caused cancer from asbestos exposure. Industrial talc asbestos. Over 2700 people have sued the firm and the company was spending $1 million a month for legal defense. The company’s recent $29 million verdict that was handed down in South Carolina forced it to apply for bankruptcy protection and argue for equitable distribution of assets to talc claimants, rather than being confiscated in the hands of the receiver. Other talc suppliers have also been forced to file for bankruptcy as a result of the litigation.
May 4 2023, Update U.S. bankruptcy judge Michael Kaplan has directed Johnson & Johnson to reopen talks with lawyers who have rejected the company’s $8.9 billion offer for settlement. It was in Trenton, New Jersey yesterday, the parties appeared in court to discuss next steps to take in another bankruptcy proceeding. Judge Kaplan pushed more settlement talks.
This is the answer to settle these claims for J&J. A baby powder settlement could get done. Industrial talc asbestos. However, it will require more money, more billions of dollars of Johnson & Johnson.
Lawyers have a split opinion on whether or not to agree with the proposal and not all clients view the situation the same way their attorney does. This second case of bankruptcy is bound to go nowhere with Judge Kaplan has set a date for a hearing in June to determine if she will discharge the bankruptcy for the 2nd time.
May 3, 2023 Update A group of cancer victims who are suing Johnson & Johnson (J&J) demanded for J&J’s Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it is a bid to stop litigation over talc products. The committee representing talc claimants has filed a motion this week asking for the Third Circuit to consider their case and to send it back an earlier court, with instructions for dismissing the bankruptcy. Industrial talc asbestos. They also asked that stoppage of tort litigation against J&J be allowed to continue.
LTL requested Chapter 11 protection once again following its bankruptcy filing that was denied in the Third Circuit earlier this year, offering the possibility of an $8.9 billion settlement. The committee argues that the recent ruling, which allows LTL’s second Chapter 11 to continue, and also stopping trials against J&J is a reason for immediate Third Circuit review. The US Trustee also asked that an New Jersey bankruptcy court dismiss the LTL bankruptcy case. J&J’s worldwide vice president of litigation, Erik Haas, was quoted by Bloomberg declaring that J&J plans to file a response in the appeals court, calling the request a “desperate and legally deficient move” by a handful of law firms who have conflicting financial interests.
May 1st 2023 Update: One common question that people ask is how could the plaintiffs’ lawyers and their clients turn down $8.9 billion. Of course, that is quite a sum. But there are plenty of victims. Industrial talc asbestos. And these are really good arguments for plaintiffs. We were reminded of this recently with two talc trials led to huge verdicts for plaintiffs. In February mesothelioma, a talcum-based powder trial in Oregon was settled with a verdict of $18.1 million. The following month, a second mesothelioma talc case was brought to hearing on the other side of South Carolina and resulted in the verdict of $29 million to the plaintiff. It was the same defendant as in these cases: Whittaker, Clark & Daniels Inc., one of the largest producers of talc in the U.S.
April 30 2023 Update: When J&J first tried to bring the lawsuit over talcum powder into bankruptcy, it did so with an offer to reserve $2 billion to settle the case. The amount was absurdly low. The talc plaintiffs had not were in favor of the proposal. However, this time, J&J has increased the offer to $8.9 if the talc plaintiffs will allow a bankruptcy settlement and also has the support of a large section of the talc victims as well as their lawyers. Industrial talc asbestos. But 75% of the plaintiffs who are a talc, which is necessary for bankruptcy plan approval is not an easy task with so many lawyers with huge inventories of baby powder-related lawsuits, opposed towards the agreement.
What is the solution to this impasse? More billions.
April 25 2023, Update Talc Cancer victims have asked a judge to reject the Chapter 11 case filed by LTL Management LLC, a absurdly-made-up Johnson & Johnson subsidiary, saying the company is not financially distressed. LTL requested Chapter 11 to settle tens of thousands of claims that J&J’s baby powders caused cancer. Industrial talc asbestos. The 3rd Circuit dismissed its first Chapter 11 case in January and said that LTL was not a candidate for bankruptcy relief because it did not show financial trouble.
The claimants contend that LTL’s Second Chapter 11 case is an overreach of the bankruptcy system and that it’s being pursued in bad faith. J&J asserts that the bankruptcy settlement has “significant support” from the firms that represent about 60,000 potential people who are claiming. It is fair to say that the plaintiffs’ attorneys and victims ‘ lawyers are divided on their disagreement over the $8.9 billion offer for settlement.
April 21st, 2023 Update A bankruptcy judge has decided that Johnson & Johnson must face new lawsuits claiming that the company sold a baby powder that contained a chemical that causes cancer. Even though trials for the talc lawsuits have been suspended for at least 60 days however, new lawsuits may be filed and lawyers may begin to prepare their cases. Industrial talc asbestos. Judges expressed skepticism about J&J’s ridiculous effort to revive its plan with the second bankruptcy case.
April 13 2023: Update on the big news is the $8.9 billion over the next 25 year period settlement offered. Lawyers representing cancer patients who are part of the MDL Class Action have vowed to fight the settlement along with talc claimants. Why? They think it is not enough for those suffering from cancer who are 70,000. Industrial talc asbestos. These lawyers argue that J&J could negotiate a greater settlement or even litigate individual claims if the most recent bankruptcy is declared unconstitutional.
But there is another set of lawyers who are not part of the leadership in that class action. The lawyers collectively have accumulated many thousands of cases. The group is seeking to settle now in what many believe to be lower than what the victims should be paid. Their argument appears to be two-fold. The first is that they claim the settlement – about 100,000 dollars per plaintiff is fair.
It’s a difficult argument to present. The second argument is more teeth: victims can no longer wait and want their money today.
April 12, 2023 Update: People are seeking out how J&J could file for bankruptcy again. The answer is complicated and confusing. Let’s try to simplify the issue in a simple way.
Johnson & Johnson asserts that bankruptcy is the only method to address both present and future talc lawsuits conclusively. It believes that it will be less expensive in the event of the bankruptcy element which applies pressure for a settlement. Industrial talc asbestos. In a quest to cover more than 400 years in American history, the company claims that bankruptcy benefits all parties as it distributes settlements more equally and effectively than trial courts, where some litigants receive significant payouts, while others are left with nothing.
The gist of the 3rd Circuit decision was this is not a case of a profitable company making subsidiaries to meet the legal burden and declare bankruptcy – Congress contemplated when drafting the Bankruptcy Code. But it also said the company was financially crisis due to the fact that J&J offered unlimited financing.
Then J&J decided to go with the unlimited funding portion of the contract and did not promise to offer unlimited funding for the litigation. The company claims that revised financing arrangements with its subsidiary addresses the appeals court’s concerns while still offering claim payment funds. It’s as if giving victims lower amounts of money would resolve the overall issue.
Attorneys representing cancer victims who do not agree with the agreement counter this by arguing that the plaintiff is a defense against legal nonsense by pointing out legal absurdity: J&J fraudulently transferred $50 billion in assets to LTL Management to circumvent the appeals court’s ruling. Hyperbole did not go unnoticed: victims’ lawyers call it the biggest “fraudulent transfer that has occurred in United States history.”
In spite of the legal jargon, J&J does not really think that the bankruptcy will endure. It is however a method of trying to push this $8.9 billion settlement through and maintain the pressure on plaintiffs.
April 10 2023 Update: Bloomberg has an interesting report on a brand new law of New Jersey that is shedding new light on the funding of litigation in the baby powder class action lawsuit. Funders of litigation Virage Capital Management and TRGP Capital invested in hundreds of lawsuits from Johnson & Johnson (J&J) concerning talc products in exchange for a portion of any settlements. J&J is now willing that it will pay $8.9 billion to settle any lawsuits.
The involvement of funders is public knowledge because of a New Jersey court rule requiring the release of certain details regarding outside funding backers. The rules aim to respond to the increasing calls for regulation of litigation funders. J&J faces over 60,000 claims when you add up federal and state Baby Powder lawsuits. Third-party funding of mass tort cases has pros and cons. But there is no question that we are seeing how third-party financing can help level the playing field for individuals as well as large corporations in the courtroom.
April 4, 2023 Update: It’s pleasing to see the worm turning in this litigation. J&J suffered another setback this week, when an appeals court in the Third Circuit denied J&J’s request to maintain the automatic stay in the meantime that J&J appeals an order granting bankruptcy in the U.S. Supreme Court. This automatic stay halted hundreds of cases involving talcum powder and stopped new lawsuits from getting filed ever since J&J initiated the controversial effort to spin talc-related liabilities into a bankrupt subsidiary over one year in the past. Industrial talc asbestos. When it was decided that the 3rd Circuit ruled that this bankruptcy was not valid just a few months ago the stay was revoked. J&J had hoped to have it remain in effect until an appeal to the SCOTUS appeal. But the answer was no.
April 1st, 2023 Update: Johnson & Johnson announced it will appeal its 3rd Circuit bankruptcy loss to the U.S. Supreme Court last week. The odds that for the Supreme Court is willing even to hear the appeal? Low.
March 16th 2023 Update: With the bankruptcy stay having been officially lifted, the very first new cases were filed and incorporated into the class action involving talcum powder MDL in the space of a year. Seven new talc-related lawsuits were added to the MDL in the last month which brings the total number of cases pending to 37,522.
February 25, 2023 Update The following information is available: A Congressmen from Tennessee is now calling for The U.S. Government Accountability Office (GAO) initiate an investigation into the cost J&J talc products have cost the government over the many years.
in a letter to the GAO, Rep. Steven Cohen (D-Ten.) in a recent letter to the GAO, Rep. Steven Cohen (D-Ten. J&J of ignoring the risks of its talc products for decades while tax dollars were used to treat those who were injured through exposure to the products. The lawsuit comes just a few weeks after J&J’s major loss in the 3rd Circuit Court of Appeals.
Industrial talc asbestos. J&J should begin to make reasonable settlement proposals to victims to the process of putting all this behind. This is a blemish on one of the top firms.
February 14 , 2023 Update: At a hearing today in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention to follow his 3rd U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.
You May be Entitled to Significant Compensation Industrial talc asbestos. Johnson & Johnson powders were proven to contain asbestos (a cancer causing agent) and the company failed to notify users of the cancer risk. $2 BILLION has already been awarded to claims. Free To File! No Fees Unless A Settlement Is Awarded!