You May be Entitled to Significant Compensation Gold bond talc vs talc free. 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 settlement for talc would make payments of the sum of $400 million US state AGs. Gold Bond Talc Vs Talc Free .
Johnson & Johnson (JNJ.N) has set the amount of $400 million for resolving U.S. state consumer protection actions as part of a broad $8.9 billion plan to settle allegations that its Baby Powder and other talc-based product causes cancer. Gold bond talc vs talc free.
J&J company subsidiary LTL Management filed a bankruptcy plan in New Jersey late on Monday that describes how the company intends to pay different types of cancer victims as part of a bankruptcy settlement. Gold bond talc vs talc free. J&J has declared that its products containing talc are safe and don’t cause cancer. It’s trying for another time to settle more than 38,000 lawsuits brought in bankruptcy and prevent new cases from coming forward in the near future.
The bankruptcy plan of LTL would pay $400 million to an additional trust to settle claims filed from state attorney generals alleging that J&J had violated state unfair business practices and consumer protection laws, by deceiving consumers about the dangers of its talc products.
Several states had begun consumer protection actions against J&J before LTL’s first bankruptcy filing stopped these investigations from moving forward in 2021. Gold bond talc vs talc free. New Mexico and Mississippi had already initiated suit against Johnson & Johnson before then as well as the states of Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative demands or subpoenas according to court filings.
New Mexico and Mississippi have moved to dismiss LTL’s bankruptcy in a joint move with cancer victims as well as the U.S. Justice Department’s bankruptcy watchdog. argue that a profit-making business like J&J does not qualify for bankruptcy protections designed for struggling debtors.
LTL’s first attempt at resolving the lawsuits in bankruptcy was dismissed after similar arguments. A U.S. appeals court determined the LTL wasn’t in “financial difficulty” and thus not eligible to receive bankruptcy relief. Gold bond talc vs talc free. LTL made a new bankruptcy application just over two hours after the dismissal, saying that its second attempt was different as it had less money and more backing for the settlement.
New Mexico and Mississippi said in their motion to dismiss that LTL’s new bankruptcy violates the state’s law enforcement authority by trying to unilaterally cap the company’s liability for state consumer protection measures.
Gold Bond Talc Vs Talc Free
The filings of LTL’s latest bankruptcy proceedings also include more information on how the company would assess and pay for cancer claims should the bankruptcy plan be approved.
The largest amount of money under the settlement would be $500,000 for people diagnosed with mesothelioma terminal prior to age 45. Gold bond talc vs talc free. The second payment would be $260,000 for those who have been diagnosed with ovarian cancer that is terminal prior to age 45.
From there, the proposed settlement applies discounts depending on the severity and type of the cancer, the person’s age, the history of usage of talc and other variables. Gold bond talc vs talc free. For example the case of a woman who used talc products weekly, had an ancestral history of ovarian cancer, and was diagnosed with Stage II cancer of the ovary when she was 55 could be in line to receive a payout of $21,125 under the settlement plan.
Judge orders J&J and talc opponents to engage 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, federal bankruptcy Judge Michael Kaplan has ordered the firm and the people who opposed the move to conduct negotiations to settle the matter, Bloomberg reports.
With its second bankruptcy attempt for LTL Management, a subsidiary set up by J&J to hold the claims–the company offered a settlement of $8.9 billion. Gold bond talc vs talc free. While one firm representing plaintiffs agree with the deal, another group is against the settlement.
This week, the opposition group, which is known as”The Official Committee of Talc Claimants requested the bankruptcy court for dismissal of the matter arguing that LTL is not a factor in financial distress.
“The filing is an unjust and legally flawed attempt by a small number of law firms to prevent claimants from voting on the resolution plan, a plan the vast majority of claimants approve of,” J&J’s litigation chief Erik Haas, said in an announcement. Gold bond talc vs talc free. “The law firms behind the filing are pursuing financial interests which conflict with, contradict and infringe on the rights that their customers. We’ll be submitting an appeal before the court of appeals.”
Gold bond talc vs talc free. Clay Thompson, a lawyer for MRHFM that is home to more than mesothelioma victims who have sued J&J and J&J, has said that the second bankruptcy attempt of J&J will fail.
“J&J sends out press releases about how wonderful its plan is while simultaneously requesting that details of the plan, such as what the individual sick individuals would receive–be kept secret,” Thompson said in the statement. “What do they have to conceal?”
Kaplan has instructed the sides to come up with another arrangement plan under the oversight of two mediators.
In February 2022, Kaplan stated that J&J’s recourse to Chapter 11 to hasten a settlement that would free J&J from the thousands of lawsuits concerning its talcum products.
In the month of January, a federal appeals court ruled against the decision, deciding that the company was not able to be considered in “financial trouble.”
In the event that J&J’s request to contest the U.S. Supreme Court was turned down on April 1, J&J was granted a second petition for bankruptcy roughly two hours after. In response to that move, Kaplan froze the lawsuits for 60 days in order to determine whether or not to approve an additional bankruptcy.
J&J’s omnipotent profit engine fails after $6.9B cost of litigation involving talc.
Through 2 Chapter 11 attempts, J&J has gotten 19 months of which the cases were on hold. Gold bond talc vs talc free. J&J wants the claimants to vote on accepting their settlement. J&J would need 75% support in order for the agreement to be accepted.
In addition to the team of talc lawyers that criticized the company’s bankruptcy and the U.S. Trustee, a branch from the U.S. Department of Justice is also submitting motions to dismiss the second bankruptcy case of LTL.
In a statement this week, U.S. Trustee Andrew R. Vara wrote that the doors of bankruptcy courts are “open to honest, but naive debtors.” These doors “are not open to any parties that lack a legitimate bankruptcy reason or want to take advantage of the bankruptcy process to hinder or delay their creditors.” Vara continued.
On the other hand, J&J maintains there is no conclusive evidence that its Talc products, which includes its famous baby powder, can cause cancer. J&J has taken the products of the market first for North America in 2020–and the remainder of the globe later this year.
J&J is determined to stay clear of the costly business of going to court. It has won the majority of cases decided through trial, though some losses have been punishing.
A well-known trial in Missouri ended in an $4.7 billion verdict against the drug maker but 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 cases involving talc, which are being appealed or decided. Out of 41 trials, 32 ended with winning for J&J, a mistrial or verdict of a plaintiff reversed upon appeal. Gold bond talc vs talc free. In addition, J&J in 2020 sought to settle over 1000 cases for the sum of $100 million. Bloomberg reported at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Gold Bond Talc Vs Talc Free
Our lawyers are handling baby powder lawsuits in every state. The talcum powder lawsuits on behalf of Johnson & Johnson have been going on for a long time. Gold bond talc vs talc free. The lawsuits claim that the long-term use of the powder (or “talc”), the active ingredient in many products, including Baby Powder along with Shower to Shower, can cause ovarian cancer among some women.
This page gives a J&J update on the talc power litigation and explains how the forthcoming bankruptcy ruling will impact the final settlement amounts of these ovarian cancer lawsuits.
Is the deadline for you to bring a talcum lawsuit? Many who believe the deadline has passed to sue Johnson & Johnson are wrong. Contact us now at 800-553-8082 or request a free and quick case review online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Gold Bond Talc Vs Talc Free
June 2, 2023 Update: During an asbestos talc court trial held in California yesterday, technical issues halted the opening statement by the defense attorneys. Gold bond talc vs talc free. Jurors from home via Zoom, did hear Johnson & Johnson’s lawyer expressing doubt about the 70s research claiming asbestos was present in their product before the session abruptly ended.
The plaintiff could introduce an initial witness Arthur Langer. Langer stated that the presence of additional minerals along with the talc’s mineral content is inevitable. He claimed that his group informed J&J in 1971 about the presence of chrysotile asbestos in the talc produced by the company, although at lower than 0.1 percent. He also discovered more asbestos in 1976.
June 1st, 2023 Update Gold bond talc vs talc free. A trial for the first time since J&J decided to spin off its Talc division and declare bankruptcy marks an important point in the ongoing talc lawsuit saga. Trial started on Monday in the tragic trial of a young plaintiff, diagnosed with an aggressive and rare form of mesothelioma last year. a diagnosis lawyers on both sides acknowledge is a harrowing tragedy.
The opening statements exposed the distinct differences between each side’s story. The attorney representing the plaintiff aimed his ire at Johnson & Johnson, alleging the use of misleading methods in their research practices as well as throughout the litigation procedure. As per the lawyer Johnson & Johnson tried to alter asbestos’ definition, in spite of internal documents from 1998 and 1994 that show asbestos fibers that were found in the plaintiff’s tissue are included.
Johnson &J’s tangled $8.9 billion settlement proposal hangs in the balance as we progression of this trial. Despite the distinct nature of this mesothelioma case and its unique challenges compared to other talcum powder lawsuits A verdict in favor of the plaintiff could result in an enormous setback for J&J’s hope of gaining broad acceptance for their settlement proposal among plaintiffs.
May 31st 2023 Update: Johnson & Johnson’s bankrupt talc unit vigorously defended its two-time Chapter 11 filing in the face of challenges from talc injury claimants. In a written objection to the New Jersey bankruptcy court, it argued that the situation was distinct from the first filing. It also emphasized the unprecedented commitment to $8.9 billion from J&J as the biggest settlement ever to be made in the history of a mass tort bankruptcy. Gold bond talc vs talc free. The issue is not discussed: whether this amount implies that it is an equitable settlement. J&J also claimed support from numerous plaintiffs’ law firms representing more than 60,000 claimants. This is hard to verify but likely incorrect.
May 24 2023 Update: In the wake of Johnson and Johnson’s bankruptcy filing in 2021 filing, the very first trial concerning the cosmetic talc products it claims to containing asbestos is set to start jury selection Monday in California in Alameda County Superior Court, an historically reliable location for plaintiffs. The plaintiff asserts that his mesothelioma resulted from asbestos exposure from J&J’s products which J&J is denying. The trial also involves six retailers accused of selling talc-containing products.
May 22nd, 2023 Update: Lawyers involved in the 2nd J&J talc bankruptcy are now battling over who should be appointed to the position of the claims representative in the future, which is vitally essential to the resolution of the Talc claims. Gold bond talc vs talc free. Randi Ellis, a lawyer who frequently appears in MDLs across the country was appointed the claims representative in the previous bankruptcy. J&J’s defense group wants Ellis to be appointed in that position in the future, however lawyers representing the talc plaintiffs are protesting on the grounds that Ellis has conflicts of interest that should prevent her from assuming that position again. The issue stems from the possibility that Ellis was apparently involved in drafting the hotly litigated second bankruptcy, which raises concerns about her ability to be neutral. It’s true that the bankruptcy will be dismissed in the end.
May 17th, 2023 Update: The pretend company J&J formed for the talc litigation bankruptcy disclosed to an New Jersey bankruptcy court that they have designated $400 million to pay the claims made by states accusing J&J of misleading marketing for its talc-based products. Gold bond talc vs talc free. This amounts to an $8.5 billion settlement for cancer victims. It is hard to imagine a scenario where J&J will be able to push the settlements of baby powder through at these numbers. Although J&J’s $8.5 billion offer may seem like a lot of money initially, it does not appear appealing when you do the math. This settlement offer based on our estimates – will not pay victims much more than an average settlement $100,000 per case. That’s not enough.
May 15 2023 update: J&J may be in the middle of a lawsuit from an advocacy group that represents cancer patients. Gold bond talc vs talc free. The group claims that J&J deliberately retracted an $61.5 billion fund-raising agreement that it had with its company subsidiary LTL Management LLC, to create the appearance of financial hardship and verify the unit’s Chapter 11 bankruptcy filing. The group claims this decision amounts to a fraudulent transfer of the rights of victims’ compensation. They are planning to study J&J’s actions in the wake of the decision to dismiss LTL’s first bankruptcy case.
May 10 2023 Update: Next week next week, it is expected that the U.S. Bankruptcy Court in New Jersey will hear oral arguments in a motion reject the second bankruptcy filing of J&J subsidiary LTL Management. In the meantime, LTL Management has filed an Order that requires both parties to take part in a new settlement mediation in the hope that an international settlement agreement can be come to fruition.
May 5th, 2023 Update: Talc manufacturer Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to numerous lawsuits alleging its talc products cause cancer from asbestos exposure. Gold bond talc vs talc free. Over 2,700 people have sued the company and the company was spending $1 million a month for legal defense. The company’s most recent $29 million settlement that was handed down in South Carolina forced it to pursue bankruptcy protection, and arguing for an equitable distribution of assets between talc claimants rather than being taken by the receiver. Other suppliers of talc have declared bankruptcy because of the litigation.
May 4 2023 update: U.S. Court of Bankruptcy Michael Kaplan has directed Johnson & Johnson to reopen talks with lawyers who rejected Johnson & Johnson’s $8.9 billion settlement offer. The court in Trenton, New Jersey yesterday the parties appeared before a judge to discuss the next steps to take in their second bankruptcy matter. Judge Kaplan was pushing for more settlement discussions.
This is the best way to resolve the claims of J&J. A baby powder settlement could be achieved. Gold bond talc vs talc free. But it’ll need more money – more billions of dollars coming from Johnson & Johnson.
Lawyers are split on whether to take the proposal or not and not every client views the issue in the same manner their lawyer views it. This second case of bankruptcy is likely to go nowhere as Judge Kaplan has scheduled a hearing in June to determine if she will close the case for the third time.
May 3, 2023 Update: A group of cancer victims suing Johnson & Johnson (J&J) asked an order from they request that the Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it attempts to block the litigation involving talc products. The group representing the claimants made a motion Tuesday, asking the Third Circuit to consider their case and then send it back an earlier court with instructions for dismissing the bankruptcy. Gold bond talc vs talc free. They also asked that stopped tort litigation against J&J continue to proceed.
LTL applied for Chapter 11 protection once again following the bankruptcy filing it made earlier was rejected by the Third Circuit earlier this year which offered an $8.9 billion deal. The committee says that the recent ruling which allowed LTL’s 2nd Chapter 11 to continue, while also halting trials against J&J should be subject to immediate Third Circuit review. The US Trustee has also requested it be requested that 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 statement in the appeals court calling the request an “desperate and legally deficient attempt” by a handful of law firms who have competing financial interests.
May 1st 2023 Update: A common question that people ask is how could plaintiffs and their lawyers turn off $8.9 billion. Of course, that’s an enormous amount of money. There are a lot of victims. Gold bond talc vs talc free. These are actually a good claims for plaintiffs. We were reminded recently when two talc cases led to huge verdicts for the plaintiffs. In February, a talcum powder mesothelioma trial in Oregon was settled with the verdict worth $18.1 million. In the same month, a different talc mesothelioma case went to the court at South Carolina and resulted in an award of $29 million for the plaintiff. The defendant in both cases was Whittaker, Clark & Daniels Inc. which is one of the top manufacturers of talc in U.S.
April 30th, 2023 Update: When J&J initially tried to take the litigation over talcum powder into bankruptcy, it was met with an offer to set aside $2 billion for settlements. This was an absurdly low amount. None of the talc plaintiffs believed in the proposal. This time around, however, J&J has increased the offer to $8.9 in the event that the talc victims are willing to accept bankruptcy settlements and they also have the support of a substantial segment of the talc plaintiffs and their attorneys. Gold bond talc vs talc free. However, 75% of plaintiffs of talc are required for bankruptcy plan approval, it a tough road due to the sheer number of lawyers with vast inventories of baby powder litigations opposed against the proposed settlement.
What is the solution to this impasse? More billions.
April 25 2023, Update Talc Cancer victims have sought a court order to disqualify the 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 has filed for Chapter 11 to settle tens of thousands of claims that J&J’s baby products caused cancer. Gold bond talc vs talc free. LTL was denied Chapter 11 in January. 3rd Circuit dismissed its first Chapter 11 case in January The court ruled that the company wasn’t eligible to receive bankruptcy relief because it was unable to demonstrate financial distress.
The plaintiffs argue that LTL’s Second Chapter 11 case is an misuse of the bankruptcy system, and that it is being pursued in bad faith. J&J says the bankruptcy settlement is backed by “significant backing” from companies representing about 60,000 potential people who are claiming. It is fair to say that the plaintiffs’ attorneys and victims ‘ lawyers are not united over what they believe is an $8.9 billion settlement offer.
April 21st, 2023 Update: A bankruptcy judge ruled the company Johnson & Johnson must face new lawsuits alleging that it sold a baby powder that contained a chemical that causes cancer. While trials in the lawsuits involving talc are delayed for a minimum of 60 days but new lawsuits can be filed and lawyers will begin preparing their cases. Gold bond talc vs talc free. The judge expressed skepticism over J&J’s attempt to revive its plan with a second bankruptcy case.
April 13th 2023 Update: biggest news is the $8.9 billion over the course of 25 year period settlement offered. Lawyers representing cancer patients within MDL class action MDL class action have vowed to challenge the settlement those who claim talc. Why? They feel it’s not enough money for 70,000 victims who have cancer. Gold bond talc vs talc free. These lawyers argue that J&J should negotiate a bigger settlement or litigate individuals’ claims if the current bankruptcy is declared unconstitutional.
There is a different group of lawyers outside of the leadership group in this class action. The lawyers collectively have accumulated tens of thousands of cases. The group is seeking to settle now with what they believe is less than these victims deserve. Their argument appears to be twofold. First, they argue that the settlement – which amounts to an average of $100,000 per plaintiff – is fair.
This is an argument that is difficult to present. 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: Some people are looking for ways J&J is able to file for bankruptcy again. The answer is complex and complicated. But let’s try to explain it in simple terms.
Johnson & Johnson asserts that bankruptcy is the only means to settle both present and future talc lawsuits conclusively. In other words, it thinks it will pay less in the event of the bankruptcy element which applies pressure for a settlement. Gold bond talc vs talc free. In a quest to cover 400 years of American history, the firm argues that bankruptcy benefits all parties by distributing settlements more equally and more efficiently than trial courts which are where litigants get significant settlements while others get nothing.
The essence in the 3rd Circuit decision was this is not a case – the profit-making company that has subsidiaries to meet the legal risk and declare bankruptcy, which is what Congress considered when it was drafting the Bankruptcy Code. However, it also stated that the entity was in financial trouble because J&J promises unlimited funding.
Then J&J did not hesitate to take advantage of the unlimited funding aspect of the contract and didn’t promise that it would provide unlimited funds for cases. The company claims that its new financing agreements with its subsidiary address concerns of the appellate court, while offering funds to pay claims. As if providing victims with lower amounts of money would resolve the problem at hand.
Lawyers representing cancer patients who oppose the agreement counter this argument by saying that it is countering legal nonsense with legal nonsense: J&J fraudulently transferred $50 billion of assets away from LTL Management to circumvent the appeals court’s previous decision. Hyperbole was not spared the lawyers representing victims call it the biggest “fraudulent transaction ever in United States history.”
In spite of the legal jargon, J&J does not really believe that this bankruptcy will last. But it’s a way to push for this $8.9 billion settlement to keep pressure on plaintiffs.
April 10 2023 update: Bloomberg offers an informative report on a brand new law in New Jersey that is shedding new light on the funding of litigation in the class action lawsuit. Funders for litigation Virage Capital Management and TRGP Capital invested in hundreds of claims against Johnson & Johnson (J&J) over talc products in exchange for a share of any winnings. J&J has now offered that it will pay $8.9 billion to settle all lawsuits.
The involvement of funders is made public due to a New Jersey court rule requiring the release of certain details regarding outside funding backers. The rule aims to address the rising calls for the regulation of lawsuit funders. J&J has more than 60,000 claims when you combine federal and state baby powder lawsuits. Third-party funding for mass tort lawsuits has both pros and pros and. However, there is no doubt that we are seeing how third-party funding could level the playing field between people as well as large corporations in the courtroom.
April 4 2023 Update: It is pleasing to see the worm turning in this litigation. J&J took another hit this week when an appeals court in the Third Circuit denied J&J’s request to maintain the automatic stay during the time that J&J appeals a bankruptcy ruling before the U.S. Supreme Court. Automatic stays have stopped thousands of talcum powder cases and stopped any the filing of new lawsuits ever since J&J started the controversial process to spin the talc debts into a bankrupt entity over a year back. Gold bond talc vs talc free. After it was decided that the 3rd Circuit ruled that this bankruptcy was insufficient some months ago, the stay was revoked. J&J wanted to see it continue in the meantime of an appeal to the SCOTUS appeal. However, the answer was 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 odds that is that the Supreme Court is willing even to take up the appeal? Low.
March 16 2023 Update: With the bankruptcy stay now in effect, the first new cases were filed and incorporated into the talcum powder class action MDL within a year. Seven new talc lawsuits have been joined to the MDL during the month of March which brings the total number of cases that are pending to 37,522.
February 25, 2023 Update: A Congressmen from Tennessee is now requesting that the U.S. Government Accountability Office (GAO) initiate an investigation into how much J&J product containing talc has cost the government in the years.
A recent email addressed to the GAO, Rep. Steven Cohen (D-Ten.) claimed that J&J of failing to recognize the dangers of its talc products for decades while tax dollars were used to treat those who were injured through exposure to the product. The lawsuit comes just a few weeks after J&J’s major loss in the 3rd Circuit Court of Appeals.
Gold bond talc vs talc free. J&J should begin to make reasonable settlement proposals for victims in order in putting this behind it. It’s a mark on one of the most prestigious companies.
February 14 2023 Update: During an appearance today at the hearing in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention in light of the ruling of 3rd U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.
You May be Entitled to Significant Compensation Gold bond talc vs talc free. 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!