You May be Entitled to Significant Compensation Do all talc contain 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 would make payments of 400 million dollars to US state AGs. Do All Talc Contain 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 allegations that its Baby Powder as well as other talc ingredients cause cancer. Do all talc contain asbestos.
J&J subsidiary LTL Management filed a bankruptcy plan in New Jersey late on Monday that describes how the company will pay various types of cancer sufferers in bankruptcy settlement. Do all talc contain asbestos. J&J has declared that its Talc products are safe, and won’t cause cancer. J&J is seeking the second time to end more than 38,000 cases in bankruptcy, and to prevent any new cases from being filed in the future.
LTL’s bankruptcy plan will pay $400 million to a separate trust for claims filed by state attorneys general claiming that J&J did not comply with states’ unfair practices as well as consumer protection laws, by deceiving consumers about the dangers of its talc products.
Many states had initiated consumer protection lawsuits against J&J prior to LTL’s bankruptcy filing prevented those investigations from progressing in 2021. Do all talc contain asbestos. New Mexico and Mississippi had already initiated suit with Johnson & Johnson before then and the states of Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative subpoenas or demands according to court filings.
New Mexico and Mississippi have taken steps to halt the bankruptcy of LTL, joining cancer victims as well as their counterparts from the U.S. Justice Department’s bankruptcy watchdog. They have argued that a profitable business like J&J can’t benefit from bankruptcy protections intended for struggling debtors.
LTL’s first attempt at resolving the lawsuits in bankruptcy was rejected after the same arguments, when a U.S. appeals court determined in favor of LTL had not been in “financial financial distress” and thus not eligible under bankruptcy law. Do all talc contain asbestos. LTL had filed for bankruptcy again less than two hours after the dismissal, arguing its second attempt was different as it had less money and more backing for a settlement.
New Mexico and Mississippi said in their motion to dismiss LTL’s latest bankruptcy violation of state law enforcement powers in attempting to unilaterally limit the liability of the company in state consumer protection measures.
Do All Talc Contain Asbestos
LTL’s filings for the new year also contained more details on the way in which the company will evaluate and pay cancer claims should the bankruptcy plan be approved.
The maximum amount under the settlement will be $500,000 for those diagnosed with cancer of the mesothelioma ovary before age 45. Do all talc contain asbestos. The second payment would be $260,000 for patients diagnosed with ovarian cancer that is terminal before age 45.
The proposed settlement will offer discounts based on the nature and severity of cancer, the patient’s years of age, their history of using talc and other factors. Do all talc contain asbestos. For example someone who regularly used talc products on a weekly basis, who had a family history of ovarian cancer and was diagnosed with stage II ovarian cancer by age 55 may be eligible for a $21,125 payment according to the plan.
Judge decides J&J and talc opponents to participate in settlement talks.
Following another round of hearings in Johnson & Johnson’s attempt to use a Texas Two-Step bankruptcy strategy to resolve talc litigation and federal bankruptcy judge Michael Kaplan has ordered the firm and the people who opposed the strategy to engage in settlement talks, Bloomberg reports.
The second time it attempted to file for bankruptcy for LTL Management–a subsidiary established by J&J to manage the claims company made a settlement offer of $8.9 billion. Do all talc contain asbestos. While a group of law firms representing plaintiffs support the proposal, another group opposes the move.
This week, the opposition group, dubbed”The Official Committee of Talc Claimants in the bankruptcy court, demanded for dismissal of the matter asserting that LTL is not a factor in financial distress.
“The filing is a desperate and legally ineffective attempt by a handful of law firms to block claimants from voting on the resolution plan – a plan the vast and growing majority of claimants favor,” J&J’s litigation chief Erik Haas, said in an announcement. Do all talc contain asbestos. “The law firms behind the filing are pursuing financial interests which conflict with, diverge from, and contravene those of their clients. We’ll soon submit an appeal before the court of appeals.”
Do all talc contain asbestos. Clay Thompson, a lawyer for MRHFM who has more than 80 mesothelioma victims who have sued J&J and J&J, has said that the company’s second bankruptcy try failed.
“J&J issues press releases about how great the plan is but simultaneously requesting that details of the plan, such as what each sick person will be treated to,” Thompson said in the statement. “What do they have to cover up?”
Kaplan has directed the parties to develop a new reorganization plan, under the supervision of two mediators.
On February 20, 2022 Kaplan stated that J&J’s use of Chapter 11 to hasten a settlement that would free the company from the tens of thousands of claims related to its talcum-based products.
But in January of this year a federal appeals court ruled against the decision, ruling that the company was not able to be considered to be in “financial financial distress.”
The J&J’s plan to make an appeal before the U.S. Supreme Court was denied on April 1, J&J filed for its second bankruptcy about two hours after. In response to that move, Kaplan froze the lawsuits for 60 days in order to determine whether or not to approve another bankruptcy.
J&J’s unstoppable profit machine sputters after $6.9B cost of litigation involving talc.
In the Two Chapter 11 attempts, J&J has purchased 19 months of which cases have been in limbo. Do all talc contain asbestos. The company would like claimants to vote on accepting their settlement. J&J would need 75% of the vote for the deal to go through.
Alongside the group of talc attorneys who have panned the company’s bankruptcy as well, the U.S. Trustee is an arm from the U.S. Department of Justice is also submitting an appeal to dismiss LTL’s second bankruptcy.
In a recent filing, U.S. Trustee Andrew R. Vara wrote that the doors of bankruptcy are “open to honest but unfortunate debtors.” These doors “are not accessible to those that don’t have a legitimate bankruptcy objective or seek to use bankruptcy to hinder or delay their creditors.” Vara continued.
For its part, J&J maintains there is no conclusive evidence that its products containing talc, such as its famous baby powder, cause cancer. J&J has taken its products off from the market and will first launch them to be available in North America in 2020–and the rest of the world later this year.
J&J seeks to avoid the expense of going to court. It has prevailed in the majority of cases decided during trial, however, certain losses have been extremely punitive.
A high-profile trial in Missouri ended in a $4.7 billion verdict against the drug company and was later lowered to $2.1 billion following 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 resolved. Out of 41 trials, 32 have ended in the favor of J&J or a mistrial, or plaintiff verdict that was overturned in appeal. Do all talc contain asbestos. Separately, the company has announced plans to settle around 1000 cases for $110 million. Bloomberg reported at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Do All Talc Contain Asbestos
Our lawyers are handling baby powder cases in all 50 states. The lawsuits involving talcum powder on behalf of Johnson & Johnson have been going on for a long time. Do all talc contain asbestos. The lawsuits contend that the prolonged use of the powder (or “talc”), the active ingredient in products like Shower to Shower Powder or Shower to Shower which can cause ovarian cancer in some women.
This article provides an J&J talc power litigation update and provides an overview of how the upcoming bankruptcy ruling affects the final settlement amounts in these ovarian cancer lawsuits.
Did the deadline expire for you to start a lawsuit against talcum powder? Many who believe that the deadline has passed to sue Johnson & Johnson are wrong. Call us at 800-553-882 or get a no-cost, quick review of your case online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Do All Talc Contain Asbestos
June 2, 2023 Update: During the asbestos talc case which took place in California yesterday, a couple of technical issues interrupted the opening statements of the defense attorneys. Do all talc contain asbestos. The jurors, attending at home via Zoom however, heard Johnson & Johnson’s lawyer expressing doubt about the 70s research that claimed asbestos was present in their product prior to the trial was abruptly closed.
The plaintiff could present its first expert witness Arthur Langer. Langer stated that the presence of additional minerals along with talc is inevitable. He said that his team was notified by J&J in 1971 of the presence of chrysotile asbestos in the talc produced by the company, although in just 0.1 percent. The asbestos was discovered by him in 1976.
June 1, 2023 Update: Do all talc contain asbestos. First trial after J&J has decided to separate its Talc division and declare bankruptcy is an important moment for the ongoing lawsuit drama. Trial started on Monday in the harrowing case of a young 24-year-old plaintiff who was diagnosed with a rare and aggressive form of mesothelioma in the past year, an illness that lawyers on both sides agree is a tragic loss.
Opening statements revealed the huge differences between the sides’ narrative. The attorney representing the plaintiff aimed his ire towards Johnson & Johnson, alleging that the company employed deceitful techniques in its research practices and throughout the litigation process. According to the attorney, Johnson & Johnson tried to alter the definition of asbestos, in spite of internal documents from between 1978 and 1994 that showed fibers discovered in the tissue of the plaintiff are included.
Johnson & Johnson’s uncertain $8.9 billion settlement is hanging in the balance with the progression of this trial. Despite the distinct nature of this mesothelioma lawsuit and the unique issues it faces compared to the majority of talcum powder lawsuits ruling in favor of the plaintiff could be the company with a major setback in its expectations of widespread acceptance of their proposed settlement among plaintiffs.
May 31 2023 Update: Johnson and Johnson’s bankrupt talc unit is defending their two-time Chapter 11 filing in the in the face of challenges from victims of talc injuries. In an objection submitted to the New Jersey bankruptcy court, J&J’s subsidiary claimed that the filing was distinct from the earlier filing. It emphasized the unprecedented commitment to $8.9 billion to J&J which is the largest settlement ever in any bankruptcy case that involves mass tort. Do all talc contain asbestos. It was not mentioned how this amount indicates that it is a fair settlement. J&J also claimed that it received support from various plaintiffs’ law firms representing more than 600,00 claimants. This is not easy to confirm but is probably incorrect.
May 24 2023 Update: Following Johnson and Johnson’s bankruptcy filing in 2021 filing, the very first trial involving its cosmetic talc products allegedly that contain asbestos is scheduled to commence jury selection on Monday, California within the Alameda County Superior Court, an historically reliable location for plaintiffs. The plaintiff claims that his mesothelioma resulted from asbestos exposure from J&J’s products and that the company does not deny. The trial also involves six retailers accused of selling talc products.
May 22, 2023 Update: Lawyers involved in the second J&J talc bankruptcy are in a dispute over who should be appointed to the post of the future claims representative, an important role critical to resolving claim for talc. Do all talc contain asbestos. Randi Ellis, a lawyer who regularly appears in MDLs throughout the United States was appointed as the claims representative in the first 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 conflicts of interest that would prevent her from holding that position in the future. The conflict stems from the possibility that Ellis was believed to have been involved in drafting the controversially contesting second bankruptcy, which raises doubts about her capability to remain neutral. However, the reality is that this bankruptcy is likely to get dismissed anyway.
May 17, 2023 Update: The pretend company that J&J created to settle the talc litigation bankruptcy disclosed to an New Jersey bankruptcy court that they have designated $400 million to settle claims of states that accuse the company of misleading advertising for its talc-based products. Do all talc contain asbestos. So that makes it an $8.5 billion settlement to cancer victims. It’s difficult to envision the scenario in which J&J will be able to push the baby powder settlements in these figures. While J&J’s $8.5 billion offer seems like a large sum initially, it will not appear appealing when you do the math. This settlement proposal – by our estimates – will not provide victims with much more than an average settlement $100,000 per instance. It’s not enough.
May 15, 2023 Update J&J might be facing lawsuit from an advocacy group that represents cancer patients. Do all talc contain asbestos. The group argues that J&J deliberately withdrew an $61.5 billion fund-raising agreement with its subsidiary, LTL Management LLC, to simulate financial stress and confirm the unit’s Chapter 11 bankruptcy filing. The group asserts this action is a fraud transfer of the rights of victims’ compensation. They are planning to study J&J’s actions as a result of the decision to dismiss LTL’s first bankruptcy suit.
May 10 2023 Update: During the next week, this week the U.S. Bankruptcy Court in New Jersey will hear oral arguments in a motion dismiss the second bankruptcy application from J&J LTL Management, J&J’s subsidiary. LTL Management. In the meantime, however, this bankruptcy court has issued an order which requires both sides to participate in a second settlement mediation hoping that a global settlement deal can brokered.
May 5th, 2023: Update on Talc producer Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to many lawsuits claiming that its talc products caused cancer from asbestos exposure. Do all talc contain asbestos. Over 2700 people have sued the company, and it was paying $1 million per month on legal defense. The company’s latest $29 million settlement on the state of South Carolina forced it to seek bankruptcy protection, arguing for a fair distribution of assets between the claimants of talc instead of being taken over from the receiver. Other talc suppliers have also declared bankruptcy because of litigation.
May 4 2023 Update: U.S. bankruptcy judge Michael Kaplan has directed Johnson & Johnson to reopen settlement discussions with lawyers who turned down the company’s $8.9 billion deal. It was in Trenton, New Jersey yesterday, the parties gathered in court to discuss the next steps for the second bankruptcy case and Judge Kaplan encouraged further settlement talks.
This is the way to settle these claims with J&J. A baby powder settlement could be achieved. Do all talc contain asbestos. However, it will require more money, more billions of dollars coming from Johnson & Johnson.
Lawyers are split on whether or not to agree with the proposal and not every client views the issue in the same manner their lawyer sees it. This second case of bankruptcy is destined to go nowhere the judge Kaplan has set a date for a hearing in June to determine whether to remove the bankruptcy after the second.
May 3 2023 Update A group of cancer patients who have sued Johnson & Johnson (J&J) demanded that the Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it is a bid to stop litigation over talc products. The group representing claimants for talc submitted a motion on Tuesday asking that the Third Circuit to consider their case and to send it back to a lower court, with instructions to discharge the bankruptcy. Do all talc contain asbestos. They also asked that lawsuit against the halted torts of J&J allow the litigation to continue.
LTL has filed for Chapter 11 protection once again after its first bankruptcy filing was denied by the Third Circuit earlier this year which offered a $8.9 billion settlement. The committee says that the recent ruling which allowed the second Chapter 11 to continue, as well as halting the trials against J&J and J&J, requires urgent Third Circuit review. The US Trustee requested be the New Jersey bankruptcy court dismiss the LTL bankruptcy case. J&J’s global vice president of litigation, Erik Haas, was quoted by Bloomberg as saying that J&J plans to file a response to the appeals court calling the request a “desperate and legally insufficient plan” by a few of law firms that have competing financial interests.
May 1 2023 Update: A common question that people ask is how plaintiffs and their lawyers be able to turn off $8.9 billion. That’s of course a lot of money. But there are a lot of victims. Do all talc contain asbestos. These are an excellent case for plaintiffs. We were reminded of this recently by two talc-related trials that resulted in big verdicts for the plaintiffs. In February, a talcum powder mesothelioma trial in Oregon resulted in an award in the amount of $18.1 million. In the same month, a different mesothelioma trial involving talc was held for the court in South Carolina and resulted in the verdict of $29 million to the plaintiff. The defendant in both cases was Whittaker, Clark & Daniels Inc. One of the most prominent suppliers of talc within the U.S.
April 30th 2023 Update: When J&J first attempted to drag the lawsuit over talcum powder into bankruptcy, they came with an offer to set aside $2 billion to settle the case. The amount was absurdly low. None of the talc plaintiffs agreed with the offer. However, this time, J&J has increased the offer to $8.9 for talc-related plaintiffs if they will allow a bankruptcy settlement and also has the backing of a significant part of the talc-related plaintiffs as well as their lawyers. Do all talc contain asbestos. But with 75% of plaintiffs in the talc category, which is required for bankruptcy plan approval is a difficult road with so many lawyers with huge inventories of baby powder-related lawsuits, opposed against the proposed settlement.
What can be done to end the impasse? More billions.
April 25, 2023 Update Talc patients have requested a judge to disqualify their Chapter 11 case filed by LTL Management LLC, a ridiculously made-up Johnson & Johnson subsidiary, which claims that the business is not financially distressed. LTL requested Chapter 11 to settle tens of thousands of claims that J&J’s baby powders caused cancer. Do all talc contain asbestos. It was the 3rd Circuit dismissed its first Chapter 11 case in January and said that LTL was not eligible for bankruptcy relief as it was unable to demonstrate financial trouble.
The claimants argue that the 2nd Chapter 11 case is an misuse of the bankruptcy system and it is being pursued in bad faith. J&J says the bankruptcy settlement receives “significant support” from the firms that represent around 60,000 plaintiffs. It’s safe to say that lawyers representing plaintiffs and victims are divided over what they believe is an $8.9 billion amount of settlement offered.
April 21, 2023 Update: A bankruptcy judge has decided the company Johnson & Johnson must face new lawsuits claiming that the company sold tainted baby powder causing cancer. Although trials for the talc lawsuits have been suspended for at least 60 calendar days however, new lawsuits may be filed, and lawyers will begin preparing their cases. Do all talc contain asbestos. The judge expressed his doubts about J&J’s absurd attempt to revive its strategy with a second bankruptcy trial.
April 13th, 2023 Update: The major story is that there’s an $8.9 billion over 25 years of settlement. Lawyers representing cancer patients in the MDL group action pledged to fight the settlement with talc claimants. Why? They argue that it’s not enough to pay for 70,000 victims who have cancer. Do all talc contain asbestos. The lawyers say that J&J should negotiate a bigger settlement or even litigate individuals’ claims if the current bankruptcy is declared unconstitutional.
However, there is a second group of lawyers that is not part of the top leadership in the class action. The lawyers collectively have accumulated many thousands of cases. The group is seeking to settle today for what is believed to be less than the victims deserve. Their argument seems to be twofold. The first is that they claim the settlement – about 100 million dollars on average per plaintiff – is fair.
This argument isn’t easy to make. But their second argument has more teeth: victims can now not wait and they want their money now.
April 12 2023 Update: Some people are looking for ways J&J could file for bankruptcy once more. The answer is complex and convoluted. However, let’s attempt to explain the issue in a simple way.
Johnson & Johnson asserts that bankruptcy is the only method to address both present and future talc-related lawsuits definitively. It believes that it will be less expensive when there is a bankruptcy component that applies pressure to settle. Do all talc contain asbestos. Driving past hundreds of years of American past, the company asserts that bankruptcy benefits all parties by distributing settlements more equally and effectively than trial courts where some litigants receive significant awards while others receive nothing.
The essence in this 3rd Circuit decision was this isn’t a case that involves an enterprise that is profitable, forming a subsidiary to take the legal burden and declare bankruptcy Congress contemplated when drafting the Bankruptcy Code. But it also said that the subsidiary was not financially trouble due to the fact that J&J assured it of unlimited funding.
This is why J&J took advantage of the unlimited funding portion of the agreement and didn’t promise to provide unlimited funding for lawsuits. The company claims that modified financing arrangements with its subsidiary address the appeals court’s concerns while still offering funds to pay claims. As if offering victims lower amounts of money would resolve the underlying issue.
Attorneys representing cancer patients who do not agree with the agreement counter this argument by saying that it is the legal argument. Do all talc contain asbestos. They counter with legal nonsense: J&J fraudulently transferred $50 billion in assets away from LTL Management to circumvent the appeals court’s ruling. The hyperbole wasn’t spared attorneys representing the victims claim it the most significant “fraudulent deal of assets in United States history.”
Despite all the legal jargon, J&J does not really believe that this bankruptcy will last. But it is a way of trying to push this $8.9 billion settlement through and maintain the pressure on plaintiffs.
April 10 2023, Update Bloomberg has an interesting article on a new law of New Jersey that is shedding new light on the funding of litigation in the baby powder suit for class actions. Funders for litigation Virage Capital Management and TRGP Capital invested in hundreds of claims against Johnson & Johnson (J&J) concerning talc products in exchange for a portion of any settlements. J&J is now offering an offer of $8.9 billion to settle any lawsuits.
The involvement of funders is publicly available due to the New Jersey court rule requiring the disclosure of certain information regarding outside funding backers. The rules aim to address the rising calls for regulation of litigation funders. J&J has more than 60,000 claims when you add up federal and state baby powder lawsuits. Third-party financing in mass tort cases has its pros and pros and. However, there is no doubt that we are seeing how third-party funding can level the playing field between individual and big companies in the courtroom.
April 4, 2023 Update: It is fun to watch the worm turning in this case. J&J has taken another blow this week when an appeals court in the Third Circuit denied J&J’s request to continue the automatic stay while J&J appeals a bankruptcy ruling at the U.S. Supreme Court. This automatic stay frozen thousands of talcum powder cases and prevented new lawsuits from arising ever since J&J began the controversial plan to spin the talc debts off into a bankrupt entity over a year earlier. Do all talc contain asbestos. After the 3rd Circuit ruled that this bankruptcy was not valid a few months ago, the stay was revoked. J&J had hoped to have it continued pending the SCOTUS appeal. But, 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 accept the appeal? Low.
March 16, 2023 Update: with the bankruptcy stay fully lifted, the first new cases were filed and incorporated into the class action for talcum powder MDL within a year. Seven new talc-related lawsuits were joined to the MDL in the past month increasing the number of cases that are pending to 37,522.
February 25 2023 Update: A Congressmen from Tennessee is now calling for authorities from the U.S. Government Accountability Office (GAO) begin an investigation into the amount J&J talc products have cost the government over the decades.
in a letter addressed to the GAO, Rep. Steven Cohen (D-Ten.) accused J&J of failing to recognize the dangers of its talc products for years while tax dollars were used to treat those who were injured through exposure to the product. The demand comes just weeks after J&J’s major loss in the 3rd Circuit Court of Appeals.
Do all talc contain asbestos. J&J needs to start making fair settlement offers to victims to begin to put all of this behind it. It’s a mark on one of the most prestigious businesses.
February 14 2023 Update: During the hearing held today at the hearing in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention in light of his 3rd U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.
You May be Entitled to Significant Compensation Do all talc contain 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!