You May be Entitled to Significant Compensation Does talc still 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 will provide $400 million to US state AGs. Does Talc Still Contain Asbestos .
Johnson & Johnson (JNJ.N) has set aside $400 million to resolve U.S. state consumer protection actions as part of its larger $8.9 billion settlement of allegations that its Baby Powder and other talc items cause cancer. Does talc still contain asbestos.
J&J affiliate LTL Management filed a bankruptcy plan in New Jersey late on Monday that outlines how the firm intends to pay different types of cancer sufferers in a bankruptcy settlement. Does talc still contain asbestos. J&J has said that its Talc products are safe, and don’t cause cancer. J&J is seeking a second time to resolve more than 38,000 lawsuits filed in bankruptcy, and to prevent any new cases from being filed in the future.
LTL’s bankruptcy plan will pay $400 million into a separate trust for lawsuits filed with state attorneys general claiming that J&J violated the state’s unfair commercial practices as well as consumer protection laws by misleading consumers regarding the quality of its talc products.
A number of states had already initiated consumer protection actions against J&J prior to LTL’s bankruptcy filing prevented those investigations from progressing in 2021. Does talc still contain asbestos. New Mexico and Mississippi had already brought lawsuits with Johnson & Johnson before then and the states of Arizona, Maryland, North Carolina, Texas and Washington had issued subpoenas or civil investigative demands according to court papers.
New Mexico and Mississippi have taken steps to halt the bankruptcy of LTL as well as cancer patients and the U.S. Justice Department’s bankruptcy watchdog. They argue that a profit-making company like J&J is not eligible for bankruptcy protections intended for the struggling debtors.
LTL’s first attempt at resolving the bankruptcy cases was dismissed after similar arguments. The U.S. appeals court ruled it was not LTL wasn’t in “financial trouble” and therefore not eligible under bankruptcy law. Does talc still contain asbestos. LTL declared bankruptcy a second time less than two hours after that dismissal, arguing that the second bankruptcy was different because it was able to borrow less and more backing for a settlement.
New Mexico and Mississippi said in their motion for dismissal that LTL’s renewed bankruptcy violates the law enforcement powers of the state in attempting to unilaterally limit the company’s liability for state consumer protection actions.
Does Talc Still Contain Asbestos
LTL’s filings for the new year also contained more information about the way in which the company will evaluate and pay cancer claims in the event that the bankruptcy plan is approved.
The most significant payments under the settlement will be $500,000 for those diagnosed with cancer of the mesothelioma ovary before age 45. Does talc still contain asbestos. The second payment would be $260,000 for patients diagnosed with ovarian cancer that is terminal before age 45.
The proposed settlement offers discounts based on the severity and type of the cancer, the person’s years of age, their history of talc use and other factors. Does talc still contain asbestos. For instance the case of a woman who used the talc product on a regular basis, had an ovarian cancer family history, cancer, and was diagnosed with the stage 2 ovarian cancer at age 55 could be in line to receive a payout of $21,125 under the plan.
Judge ordains J&J and talc oppositionists to participate in settlement talks.
Following another round of hearings in Johnson and Johnson’s efforts to implement a Texas Two-Step bankruptcy strategy to resolve talc litigation and federal bankruptcy judge Michael Kaplan has ordered the company as well as those who oppose the strategy to engage in negotiations to settle the matter, Bloomberg reports.
In its second bankruptcy effort for LTL Management, a subsidiary set up by J&J to hold the claims–the company made a settlement offer of $8.9 billion. Does talc still contain asbestos. While one firm representing plaintiffs is in favor of the proposal, another group is against the settlement.
This week, the opposition group, which is known as”The Official Committee of Talc Claimants, urged the bankruptcy court to dismiss this case argument that LTL cannot be regarded as financially distressed.
“The filing is a desperate and legally ineffective attempt by a tiny number of law firms to prevent claimants from voting on the resolution plan – a plan that the overwhelming majority of claimants support,” J&J’s litigation chief Erik Haas, said in a statement. Does talc still contain asbestos. “The law firms who filed the filing are pursuing financial interests which do not align with, diverge from and are in opposition to the interests that their customers. We’ll be submitting a response to the appellate court.”
Does talc still contain asbestos. Clay Thompson, a lawyer for MRHFM that has more than 80 mesothelioma clients who have sued J&J and J&J, has said that J&J’s second bankruptcy effort will fail.
“J&J issues press releases that boast about how amazing its plan is, while demanding that plan details–including what each sick person will receive–be kept secret,” Thompson said in an email. “What does the company have to hide?”
Kaplan has instructed the sides to devise a second arrangement plan under the supervision from two mediators.
As of February 2022 Kaplan acknowledged J&J’s recourse to Chapter 11 to hasten a settlement that will free J&J from the tens of thousands of claims over its talcum products.
However, in the month of January, a federal appeals court ruled against the decision, ruling that the company could not be considered in “financial financial distress.”
In the event that J&J’s request to appeal to the U.S. Supreme Court was turned down at the end of April J&J was granted a second petition for bankruptcy roughly two hours after. In response, Kaplan froze the lawsuits for 60 calendar days to decide whether or not to approve the second bankruptcy.
J&J’s omnipotent profit engine fails after $6.9B talc litigation charge.
With the 2 Chapter 11 attempts, J&J has gotten 19 months of which the cases were held. Does talc still contain asbestos. The company wants claimants to take a vote to accept their settlement. J&J requires 75% support for the deal to pass.
In addition to the gang of talc attorneys who have panned the bankruptcy of the company in the U.S. Trustee, the U.S. Trustee, a branch that is part of the U.S. Department of Justice is also submitting an appeal to dismiss LTL’s second bankruptcy case.
In a recent filing, U.S. Trustee Andrew R. Vara wrote that the the bankruptcy court remain “open to honest, but naive debtors.” These doors “are not open to any parties that don’t have a legitimate bankruptcy goal or who seek to use the bankruptcy process to delay or hinder their creditors,” Vara continued.
To its credit, J&J maintains there is no evidence conclusive that its talc products, including its famous baby powder, cause cancer. J&J has taken its products off of the market first on North America in 2020–and the rest of the world later this year.
J&J intends to steer clear of the expense of going to trial. J&J has won the majority of the cases that have been resolved in court, however some losses have been very harsh.
A well-known trial in Missouri led to an $4.7 billion verdict against the drug maker that was later reduced to $2.1 billion after appeals.
Johnson & Johnson faces high-stakes hearing over ‘Texas Two Step’ talc strategy: report
In all, J&J has lost nine cases involving talc, which are appealing or decided. Out of 41 trials, 32 have ended in a win by J&J as well as mistrials or verdict of a plaintiff reversed on appeal. Does talc still contain asbestos. In addition, J&J in 2020 negotiated to settle nearly 1000 cases at a cost of the sum of $100 million. Bloomberg stated at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Does Talc Still Contain Asbestos
Our lawyers handle the baby powder litigation in all 50 states. The talcum powder lawsuits in the case of Johnson & Johnson have been ongoing for years. Does talc still contain asbestos. The lawsuits contend that the prolonged use of the powder (or “talc”), the active ingredient in products like baby Powder as well as Shower to Shower, can cause cancer of the ovary in certain women.
This page provides an J&J Talc Power litigation update and explains how the forthcoming bankruptcy ruling will impact the final settlement amount in the ovarian cancer lawsuits.
Is the deadline for you to start a lawsuit against talcum powder? Many who believe the deadline has passed to sue Johnson & Johnson are wrong. Contact us now at 800-553-8082 or request a no-cost and quick case review online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Does Talc Still Contain Asbestos
June 2 2023 Update: At an asbestos talc court trial held in California yesterday, some technical issues interrupted the opening statements of the defense lawyers. Does talc still contain asbestos. Jurors from home on Zoom, did hear Johnson & Johnson’s lawyer expressing doubt about the science of the 70s that claimed asbestos was present in their product, but the trial was abruptly closed.
The plaintiff was able to present their first witness, Arthur Langer. Langer explained that the occurrence of other minerals in talc is expected. He said that his team informed J&J in the year 1971 of the presence of chrysotile asbestos in the talc produced by the company, although with lesser than 0.1 percent. He also uncovered more asbestos in 1976.
June 1st, 2023 Update Does talc still contain asbestos. First trial after J&J made the decision to split its talc section and declaring bankruptcy is an important point for the ongoing lawsuit saga. The trial began on Tuesday in the poignant case of a young, 24-year-old plaintiff, diagnosed with a rare and aggressive type of mesothelioma in the past year, which lawyers on both sides agree is a grave tragedy.
Opening statements revealed stark differences in each side’s 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 asbestos’ definition, despite internal documents dating back to 1978 and 1994 showing that asbestos fibers in the tissues of the plaintiff are part of.
Johnson &J’s highly uncertain $8.9 billion settlement offer hangs in the balance with the development of the trial. Despite the particularity of this mesothelioma lawsuit and its distinctive issues in comparison to other talcum powder lawsuits, a verdict favoring the plaintiff could result in an enormous setback for J&J’s hopes for broad acceptance of their proposed settlement with plaintiffs.
May 31 2023 Update: Johnson and Johnson’s bankrupt talc business was able to defend their Second Chapter 11 filing in the opposition of injured talc claimants. In a written objection to the New Jersey bankruptcy court, the company argued that the case was fundamentally different from the previous filing. The subsidiary emphasized the record-breaking commitment to $8.9 billion to J&J as the largest settlement ever made in a mass tort bankruptcy case. Does talc still contain asbestos. The issue is not discussed: whether the magnitude of the settlement signifies that it’s a fair settlement. J&J also claimed support from various plaintiffs’ law firms representing over sixty thousand claimants. It is difficult to confirm however it is likely to be incorrect.
May 24, 2023 Update: Since Johnson & Johnson’s 2021 bankruptcy filing, the very first trial regarding its cosmetic talc products that are believed to comprised of asbestos is set to begin jury selection on Monday, May 24, California with Alameda County Superior Court, the most favored court for plaintiffs. The plaintiff claims that his mesothelioma was triggered by asbestos exposure resulting from J&J’s products and the company denies. The trial also includes six retailers who are accused of selling talc-based products.
May 22nd, 2023 Update Lawyers in the 2nd J&J Talc bankruptcy are in a dispute over who should be appointed to the post of the claims representative in the future, which is vitally critical to resolving talc claims. Does talc still contain asbestos. Randi Ellis, a lawyer who is frequently involved in MDLs throughout the United States was appointed the claims representative in the previous bankruptcy. J&J’s defense team wants Ellis to be appointed to that role and again, but attorneys for the plaintiffs in talc are arguing on the grounds that Ellis has a conflict of interest which would prohibit her from taking on that role once more. The dispute stems from reality that Ellis was apparently involved in drafting the hotly contested second bankruptcy, which raises doubts about her ability to be neutral. The reality is this bankruptcy could be dismissed in the end.
May 17th, 2023 Update: The fake company J&J made up for the talc litigation bankruptcy informed a New Jersey bankruptcy court that they had allocated $400 million to settle the claims made by states accusing the company of misleading advertising regarding its talc products. Does talc still contain asbestos. So that makes it an $8.5 billion settlement to cancer victims. It’s hard to imagine a scenario where J&J can push the baby powder settlements in these figures. Although J&J’s $8.5 billion offer may seem like a lot of money initially, it may not look very appealing when you consider the math. This settlement offer based on our rough calculations would not offer victims anything more than a median settlement of $100,000 per instance. This isn’t enough.
May 15, 2023, Update J&J could be facing lawsuit by an advocacy group representing cancer victims. Does talc still contain asbestos. The group claims J&J deliberately withdrew the $61.5 billion contract for funding together with its parent company, LTL Management LLC, in order to create a false sense of financial distress and validate the unit’s Chapter 11 bankruptcy filing. The group claims that this move amounts to a fraudulent transfer of rights of victims’ compensation. They intend to investigate J&J’s actions following of the dismissal of the LTL’s bankruptcy case in its first instance.
May 10, 2023 Update: Next week, next week, the U.S. Bankruptcy Court in New Jersey will hear oral arguments regarding a motion to dismiss the second bankruptcy filing of J&J LTL Management, J&J’s subsidiary. LTL Management. However, in the meantime LTL Management has filed an Order that requires both parties to participate in a settlement mediation to see if the global settlement can be brokered.
May 5, 2023: Update on Talc manufacturer Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to numerous lawsuits alleging that its Talc products caused cancer from asbestos exposure. Does talc still contain asbestos. More than 2700 people have filed lawsuits against the firm and it is spending $1 million a month to defend its legal position. The company’s latest $29 million verdict that was handed down in South Carolina forced it to apply for bankruptcy protection and argue for an equitable distribution of assets between the claimants of talc instead of being taken over in the hands of the receiver. Other talc suppliers have also declared bankruptcy because of lawsuits.
May 4 2023 update: U.S. bankruptcy judge Michael Kaplan has directed Johnson & Johnson to restart talks on settlement with lawyers who turned down the company’s $8.9 billion offer for settlement. At Trenton, New Jersey yesterday the parties gathered in court to discuss next steps to take in this second case of bankruptcy and Judge Kaplan was pushing for more settlement discussions.
This is the way to resolve the claims of J&J. A baby powder settlement could get done. Does talc still contain asbestos. But it will require more money – more billions of dollars – from Johnson & Johnson.
Lawyers are split on whether or not to accept the plan and not all clients view the issue in the same manner their lawyer sees it. A second bankruptcy proceeding is bound to go nowhere the judge Kaplan has scheduled a hearing in June to decide whether to close the case for the third time.
May 3, 2023 Update A group of cancer victims who are suing Johnson & Johnson (J&J) demanded an order from they request that the Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it is an attempt to derail the litigation involving talc products. The group of talc claimants filed a motion on Tuesday requesting for the Third Circuit to consider their case and to send it back the lower court with instructions to discharge the bankruptcy. Does talc still contain asbestos. The committee also requested that the stopped tort litigation against J&J should be permitted to proceed.
LTL requested Chapter 11 protection once again after its first bankruptcy filing was denied in the Third Circuit earlier this year and offered a $8.9 billion payment. The committee argues that the recent ruling, which allows LTL’s third Chapter 11 to continue, in addition to halting trials against J&J, warrants an immediate Third Circuit review. The US Trustee also requested that an New Jersey bankruptcy court dismiss the LTL bankruptcy case. J&J’s global vice-president of litigation Erik Haas, was quoted by Bloomberg saying that J&J plans to file a response in the appeals court, calling the request a “desperate and legally inadequate effort” by a small number of law firms with conflicting financial interests.
May 1 2023 Update: One common question that people ask is how could plaintiffs and their lawyers turn around $8.9 billion. Of course, that is an immense amount of money. There are a lot of victims. Does talc still contain asbestos. And these are really good case for plaintiffs. We were reminded of this recently with two talc trials have resulted in huge verdicts for the plaintiffs. In February the mesothelioma case involving talcum powder trial in Oregon was settled with a verdict of $18.1 million. The following month, a second talc mesothelioma case went to hearing at South Carolina and resulted in a verdict of $29 million to the plaintiff. In both instances, the defendant was Whittaker, Clark & Daniels Inc. one of the most prominent producers of talc in the U.S.
April 30th 2023 Update: J&J initially attempted to pull the litigation over talcum powder into bankruptcy, it came with an offer to reserve $2 billion to settle the case. This was an absurdly low amount. All of the talc plaintiffs were in favor of the offer. This time, J&J has increased the offer to $8.9 If the talc plaintiffs will allow a bankruptcy settlement and they have the support of a substantial section of the talc victims and their lawyers. Does talc still contain asbestos. But 75% of the plaintiffs of talc are needed for approval of the bankruptcy plan, it a tough road with so many lawyers with massive inventory of baby powder lawsuits opposed in favor of the deal.
What could solve the impasse? More billions.
April 25, 2023 update: Talc plaintiffs have sought a court order to disqualify their Chapter 11 case filed by LTL Management LLC, a absurdly-made-up Johnson & Johnson subsidiary, declaring that the company isn’t financially troubled. LTL filed for Chapter 11 to settle tens of thousands of claims that J&J’s baby powders caused cancer. Does talc still contain asbestos. It was the 3rd Circuit dismissed its first Chapter 11 case in January The court ruled that LTL was not eligible for bankruptcy relief because it was unable to demonstrate financial trouble.
The claimants argue that LTL’s 2nd Chapter 11 case is an overreach of the bankruptcy system, and that the case is being handled in bad good faith. J&J says the bankruptcy settlement has “significant support” from companies representing about 60,000 potential plaintiffs. It’s fair to say plaintiffs’ lawyers and the victims are split over their disagreement over the $8.9 billion amount of settlement offered.
April 21st, 2023 Update: A bankruptcy judge has ruled in favor of Johnson & Johnson must face new lawsuits alleging that the company sold tainted baby powder causing cancer. Although trials for the talc lawsuits have been suspended for at least 60 calendar days and new lawsuits are able to be filed and lawyers can begin preparing their cases. Does talc still contain asbestos. The judge expressed his doubts about J&J’s attempt to revive its strategy by filing a second bankruptcy case.
April 13 2023: Update on the major update is about the $8.9 billion over 25 years of settlement. Lawyers representing cancer victims in the MDL group action vowed to fight the settlement along with those who claim talc. Why? They argue that it’s not enough for those suffering from cancer who are 70,000. Does talc still contain asbestos. The lawyers say that J&J could negotiate a greater settlement or litigate individual claims if the most recent bankruptcy is declared unconstitutional.
However, there is a second set of lawyers who are not part of the leadership of the class action. They have amassed tens of thousands of cases. They want to settle the case now in what many believe to be less than these victims deserve. Their argument seems to be two-fold. The first is that they claim the settlement of around the equivalent of $100,000 per plaintiff is fair.
This is an argument that is difficult to argue. The second argument is more teeth: victims can not afford to wait any longer and need to get their money right now.
April 12, 2023 Update: People are asking how J&J can file for bankruptcy once more. The answer is complex and convoluted. Let’s try to simplify it simply.
Johnson & Johnson asserts that bankruptcy is the only option to deal with both present and future talc-related lawsuits definitively. In other words, it believes it can pay less should there be an element of bankruptcy that puts pressure to settle. Does talc still contain asbestos. Driving past the 400-year span of American past, the company claims that bankruptcy benefits all parties as it distributes settlements more fairly and efficiently than trial courts, in which some litigants receive substantial payouts, while others are left with nothing.
The basic tenet of the 3rd Circuit decision was this is not a case – an enterprise that is profitable, forming an entity to assume the legal responsibility and declare bankruptcy, which is what Congress contemplated when drafting the Bankruptcy Code. However, it also stated that the entity was financially distress because J&J offered unlimited financing.
Thus, J&J jumped on the funding unlimited part of the agreement and did not promise to offer unlimited funding for the litigation. The company says that its updated financing arrangements with its subsidiary addresses the concerns of the appellate court, while offering funds to pay claims. As if offering victims less money would solve the problem at hand.
Lawyers representing cancer victims who oppose the deal counter the agreement with what is a defense against legal nonsense by pointing out legal nonsense: J&J fraudulently transferred $50 billion in assets away from LTL Management to circumvent the appeals court’s previous ruling. Hyperbole did not go unnoticed by the victims’ lawyers, who call it the biggest “fraudulent deal that has occurred in United States history.”
Notwithstanding the legal mumbo jumbo, J&J does not really think this bankruptcy will survive. But it’s a way of pushing this $8.9 billion settlement and keep pressure on plaintiffs.
April 10, 2023, Update Bloomberg offers an informative article on a new law within New Jersey that is shedding new light on litigation funding in the class action lawsuit. The funders who fund litigation Virage Capital Management and TRGP Capital invested in hundreds of lawsuits that were brought against Johnson & Johnson (J&J) concerning talc products in exchange for a share of any winnings. J&J has now offered to pay $8.9 billion to settle lawsuits.
The funders’ involvement is public knowledge due to a New Jersey court rule requiring the disclosure of certain information about outside funding backers. This rule is intended to address the rising calls for the regulation of lawsuit funders. J&J faces over 60,000 claims when you take into account federal and state baby powder lawsuits. Third-party funding in mass tort claims has both pros and pros and. There is no doubt that we are seeing how third-party funding could level the playing field for individuals as well as large corporations in court.
April 4 2023 Update: It’s fun to watch the worm turning in this litigation. J&J suffered another setback this week, when it was found that the Third Circuit denied J&J’s request to extend the automatic stay while J&J appeals an appeal to the U.S. Supreme Court. This automatic stay froze hundreds of cases involving talcum powder and prevented new lawsuits from getting filed ever since J&J began the controversial plan to spin the talc liabilities into a bankrupt subsidiary more than a year ago. Does talc still contain 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 continued pending an appeal to the SCOTUS appeal. But, no.
April 1, 2023 Update: Johnson & Johnson announced it will appeal its 3rd Circuit bankruptcy loss to the U.S. Supreme Court last week. The likelihood that for the Supreme Court is willing even to consider the appeal? Low.
March 16th 2023 Update: With the bankruptcy stay now officially lifted, the first new cases were filed and incorporated into the talcum powder class action MDL in just over a year. Seven new talc lawsuits have been joined to the MDL over the last month which brings the total number of cases that are pending to 37,522.
February 25, 2023 Update The following information is available: A Congressmen from Tennessee has now demanded that authorities from the U.S. Government Accountability Office (GAO) begin an investigation into how much J&J talc products have cost the government in the years.
In a recent letter to the GAO, Rep. Steven Cohen (D-Ten.) has accused J&J of failing to recognize the dangers of its talc product for years while tax dollars were utilized to treat people injured by exposure to the chemicals. The suit comes just a few days after J&J’s major loss in the 3rd Circuit Court of Appeals.
Does talc still contain asbestos. J&J should begin to make reasonable settlement offers to victims, in order the process of putting all this behind. It is a stain 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 to follow the ruling of 3rd U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.
You May be Entitled to Significant Compensation Does talc still 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!