You May be Entitled to Significant Compensation J&J talc lawsuit update. 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 pay $440 million US state AGs. J&J Talc Lawsuit Update .
Johnson & Johnson (JNJ.N) has set aside $400 million to settle U.S. state consumer protection actions as part of a wider $8.9 billion settlement of allegations that it’s Baby Powder and other talc-based items cause cancer. J&J talc lawsuit update.
J&J subsidiary LTL Management filed a bankruptcy plan in New Jersey late on Monday that details how the company will pay various types of cancer victims in the bankruptcy settlement. J&J talc lawsuit update. J&J has said that its products containing talc are safe and won’t cause cancer. It’s trying for a second time to resolve more than 38,000 cases in bankruptcy, and to prevent any new cases from coming forward in the future.
LTL’s bankruptcy plans would deposit $400 million to an additional trust to settle claims made from state attorney generals alleging that J&J did not comply with the state’s unfair commercial practices as well as consumer protection laws, by deceiving consumers regarding the quality of its talc products.
Some states had started consumer protection actions against J&J prior to the time that LTL’s bankruptcy filing prevented these investigations from taking place in 2021. J&J talc lawsuit update. New Mexico and Mississippi had already initiated suit for damages against Johnson & Johnson before then, and the states of Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative demands or subpoenas, according to LTL’s court documents.
New Mexico and Mississippi have filed a petition to end LTL’s bankruptcy along with cancer sufferers and the U.S. Justice Department’s bankruptcy watchdog. have argued that a successful company such as J&J is not eligible for bankruptcy protections designed for the struggling debtors.
The first attempt by LTL to resolve the bankruptcy-related lawsuits was dismissed following similar arguments. In the end, a U.S. appeals court decided the LTL wasn’t in “financial trouble” and ineligible under bankruptcy law. J&J talc lawsuit update. LTL had filed for bankruptcy again just over two hours after the decision to dismiss, arguing that the second bankruptcy was different due to the fact that it had less money available 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 authorities by seeking to unilaterally limit the company’s liability for state consumer protection measures.
J&J Talc Lawsuit Update
LTL’s filings for the new year also contained more details on how the company plans to evaluate and settle cancer claims if the bankruptcy plan is approved.
The highest payments under the settlement would be $500,000 for people diagnosed with mesothelioma that is terminal before the age of 45, and $260,000 for people diagnosed with ovarian cancer that is terminal before age 45.
From there, the proposed settlement applies discounts depending on the type and severity of cancer, the patient’s age, previous the use of talc, and other aspects. J&J talc lawsuit update. For instance an individual who was using the talc product on a regular basis, had an ancestral history of ovarian cancer and was diagnosed with Stage II cancer of the ovary at the age of 55 may be eligible for a $21,125 payment under the program.
Judge gives order to J&J, talc opponents to participate in settlement talks.
Following another hearing in Johnson & Johnson’s attempt to utilize a Texas Two-Step bankruptcy strategy to settle talc lawsuits, federal bankruptcy Judge Michael Kaplan has ordered the company and those opposed to the plan to hold negotiations to settle the matter, Bloomberg reports.
With its second bankruptcy attempt for LTL Management, a subsidiary set up by J&J to manage the claims company proposed a settlement of $8.9 billion. J&J talc lawsuit update. While one group of law firms representing plaintiffs is in favor of the deal, another group is against the settlement.
Earlier this week, the opposition group, called the Official Committee of Talc Claimants and urging the bankruptcy court to dismiss the case by asserting that LTL can not be considered financially distressed.
“The filing is an incredibly legal and ineffective attempt by a small number of law firms to try to stop claimants from voting on the resolution plan–a plan that the overwhelming majority of claimants favor,” J&J’s litigation chief Erik Haas, said in a statement. J&J talc lawsuit update. “The law firms behind their filing are financially oriented and have conflicts that clash with, diverge from and infringe on the rights they represent. We’ll be submitting a response an appeal to the appellate court.”
J&J talc lawsuit update. Clay Thompson, a lawyer for MRHFM who is home to more than patients with mesothelioma who have filed lawsuits against J&J for bankruptcy, told J&J’s second bankruptcy attempt will fail.
“J&J publishes press release about how wonderful its plan is, while insisting that the details of its plan–including the treatment each sick person will receive — be kept private,” Thompson said in a statement. “What do they have to conceal?”
Kaplan has commanded the parties to come up with another strategy for reorganization, under the oversight and supervision of mediators.
In February 2022, Kaplan confirmed J&J’s recourse to Chapter 11 to hasten a settlement that will free the company from the tens of thousands of claims over its talcum products.
But in the month of January, a federal appeals court overturned the ruling, ruling that the firm could not be considered in “financial financial distress.”
After J&J’s make an appeal before the U.S. Supreme Court was dismissed the same month, J&J filed for its second bankruptcy about two hours later. In response to that move, Kaplan froze the lawsuits for 60 days to decide whether or not to approve an additional bankruptcy.
J&J’s unstoppable profit engine goes out of control after $6.9B settlement charge for talc.
Through two Chapter 11 attempts, J&J has gotten 19 months of which cases were put in limbo. J&J talc lawsuit update. J&J wants the claimants to decide whether they want to accept the settlement. J&J would need 75% approval for the deal to go through.
In addition to the group of talc lawyers who criticised LTL’s bankruptcy plan as well, the U.S. Trustee is an arm from the U.S. Department of Justice is also submitting an application to dismiss the second bankruptcy case of LTL.
In a filing this week, U.S. Trustee Andrew R. Vara wrote that the bankruptcy are “open to honest, but naive debtors.” Those doors “are not available to anyone that don’t have a legitimate bankruptcy reason or want to use bankruptcy to hinder or delay their creditors.” Vara continued.
To its credit, J&J maintains there is no evidence conclusive that its Talc-based products, such as its famous baby powder, can cause cancer. J&J has been taking the products of the market–first for North America in 2020–and the rest of the world this year.
J&J wants to avoid the expense of going to court. It has prevailed in most of the cases that have been decided at trial, but certain losses have been harsh.
A highly publicized trial in Missouri produced a $4.7 billion verdict against the drugmaker, 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 cases involving talc, which are appealing or concluded. Of the 41 trials, 32 have ended in a win by J&J as well as mistrials or plaintiff verdicts that were reversed upon appeal. J&J talc lawsuit update. In addition, J&J has announced plans to settle over 1000 cases at a cost of $110 million. Bloomberg published at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – J&J Talc Lawsuit Update
Our lawyers are handling baby powder cases in all 50 states. The talcum powder lawsuits on behalf of Johnson & Johnson have been in the process for several years. J&J talc lawsuit update. The lawsuits allege that prolonged use of the powder (or “talc”), the active ingredient in many products, including Shower to Shower Powder and Shower to Shower, can cause cancer of the ovary in certain women.
This page offers a J&J update on the talc power litigation and discusses how the upcoming bankruptcy ruling will affect the final settlement amount of the cases of ovarian cancer.
Have you reached the deadline by which you to make a claim for talcum powder? Many who assume the deadline has passed to file a lawsuit against Johnson & Johnson are wrong. Call us now at 800-553-2082 or request a free and quick review of your case online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – J&J Talc Lawsuit Update
June 2, 2023 Update: During the asbestos talc trial in California yesterday, technical issues halted the opening statements made by defense lawyers. J&J talc lawsuit update. Jurors watching from their homes via Zoom but did not hear Johnson & Johnson’s lawyer voice his doubt about the 70s research affirming the presence of asbestos in their product, but the session abruptly ended.
Meanwhile, the plaintiff was able to introduce an initial witness Arthur Langer. Langer explained that the existence of other minerals with the talc mineral is a given. He testified that his team informed J&J in the year 1971 about the presence of chrysotile asbestos the talc of the company, but in lower than 0.1 percent. He also discovered more asbestos in 1976.
June 1st, 2023 Update: J&J talc lawsuit update. The first trial since J&J made the decision to split its talc division and declare bankruptcy is a pivotal moment in the ongoing talc litigation controversy. The trial began on Tuesday in the poignant case of a young 24 year-old plaintiff, diagnosed with an extremely rare and aggressive form of mesothelioma last year. an illness that lawyers on both sides of the argument agree is a harrowing tragedy.
Opening statements revealed stark differences in each side’s story. The plaintiff’s attorney took aim on Johnson & Johnson, alleging the use of misleading strategies in its research practices as well as throughout the litigation procedure. According to the attorney, Johnson & Johnson attempted to alter the definition of asbestos, in spite of internal documents from 1998 and 1994 that show fibers discovered in the plaintiff’s tissue are included.
Johnson & Johnson’s uncertain $8.9 billion settlement proposal hangs in the balance with the development of the trial. Despite the distinctive nature of this mesothelioma case and its unique challenges compared to most talcum powder lawsuits, a verdict favoring the plaintiff could cause the company with a major setback in its hopes of broad acceptance of their settlement proposal among plaintiffs.
May 31 2023 Update: Johnson and Johnson’s bankrupt talc division strongly defended the 2nd Chapter 11 filing in the in the face of challenges from talc injury claimants. In an objection submitted to the New Jersey bankruptcy court, it argued that the filing differed fundamentally from the earlier filing. The subsidiary emphasized the record-breaking commitment to $8.9 billion by J&J as the largest ever settlement in any bankruptcy case that involves mass tort. J&J talc lawsuit update. The issue is not discussed: whether this amount implies that it is a fair settlement. J&J also claimed support from a variety of plaintiffs’ law firms representing over 60,000 claimants. This is difficult to verify however it is likely to be incorrect.
May 24 2023 Update: Following Johnson & Johnson’s 2021 bankruptcy filing, the first trial on the cosmetic talc products it claims to containing asbestos is set to commence jury selection on Monday, California at Alameda County Superior Court, an historically reliable place for plaintiffs. The plaintiff asserts that his mesothelioma was triggered by asbestos exposure in J&J’s product and the company does not deny. The trial also includes six retailers accused of selling talc-containing products.
May 22nd, 2023 Update Lawyers involved in the second J&J talc bankruptcy are now disputing who should be chosen to fill the role of the future claims representative, an important role essential in resolving the claim for talc. J&J talc lawsuit update. Randi Ellis, a lawyer who regularly appears in MDLs across the country, was appointed as the claims representative during the first bankruptcy. J&J’s defense group wants Ellis to be named to the position again, but lawyers for the talc plaintiffs have raised objections because Ellis has an interest conflict that should prevent her from holding that position in the future. The conflict stems from the fact that Ellis was apparently involved in the creation of the hotly contested second bankruptcy, raising doubts about her ability to be neutral. It’s true that this bankruptcy will likely to get dismissed anyway.
May 17, 2023 Update The fake company J&J formed for the talc litigation bankruptcy informed the New Jersey bankruptcy court that they have allocated $400 million to settle the claims brought by states accusing the company of deceitful advertising regarding its talc products. J&J talc lawsuit update. This amounts to an $8.5 billion settlement to cancer victims. It’s difficult to imagine the scenario in which J&J can get the baby powder settlements with these numbers. While J&J’s proposed $8.5 billion offer may seem like a huge sum at first, it does not look good when you consider the math. The proposed settlement based on our rough calculations would not pay victims much more than $100,000 per instance. This isn’t enough.
May 15, 2023 update: J&J may be in the middle of a suit from an advocacy group that represents cancer patients. J&J talc lawsuit update. The group argues that J&J deliberately retracted a $61.5 billion fund-raising agreement in conjunction with its affiliate, LTL Management LLC, to simulate financial stress and confirm the unit’s Chapter 11 bankruptcy filing. The group claims that this move amounts to a fraudulent transfer of the victims’ compensation rights. They plan to explore J&J’s actions following of the dismissal of the LTL’s bankruptcy case in its first instance.
May 10, 2023 Update: Next week this week, next week, the U.S. Bankruptcy Court in New Jersey will hear oral arguments on a motion to reject the second bankruptcy filing of J&J subsidiaries LTL Management. In the meantime, however the bankruptcy has issued an Order which requires both sides to take part in a settlement mediation in the hope that it will be possible to reach a global settlement agreement brokered.
May 5, 2023 Update: Talc producer Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to numerous lawsuits alleging its talc products caused cancer through asbestos exposure. J&J talc lawsuit update. Over 2700 people have sued the firm and it has been spending $1 million a month for legal defense. The company’s latest $29 million verdict at the Supreme Court of South Carolina forced it to apply for bankruptcy protection and argue for a fair distribution of assets among talc claimants instead of being taken through the receiver. Other suppliers of talc have declared bankruptcy because of the litigation.
May 4 2023, Update U.S. The bankruptcy Judge Michael Kaplan has directed Johnson & Johnson to reopen talks on settlement with lawyers who turned down the company’s $8.9 billion agreement. It was in Trenton, New Jersey yesterday, the parties appeared before a judge to discuss the next steps to take in another bankruptcy proceeding and Judge Kaplan encouraged further settlement talks.
This is the way to resolve these claims for J&J. A settlement for baby powder can be achieved. J&J talc lawsuit update. However, it will require more money – more billions of dollars by Johnson & Johnson.
Lawyers have a split opinion on whether to accept the proposal and not all clients see the issue in the same manner their attorney does. The second bankruptcy case is destined to fail and Judge Kaplan has scheduled a hearing in June to decide if he will discharge the bankruptcy for the 2nd time.
May 3, 2023 Update: A group representing 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 attempts to block litigation regarding talc-related products. The committee representing talc claimants filed a motion on Tuesday asking the Third Circuit to consider their case and to send it back to a lower court, with instructions to discharge the bankruptcy. J&J talc lawsuit update. They also asked that stopped tort litigation against J&J continue to proceed.
LTL has filed for Chapter 11 protection once again following its bankruptcy filing that was rejected in the Third Circuit earlier this year which offered a $8.9 billion settlement. The committee believes that the recent ruling, which allows the second Chapter 11 to continue, in addition to halting trials against J&J is a reason for urgent Third Circuit review. The US Trustee has also 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 saying that J&J intends to file a reply in the appeals court saying that the filing is a “desperate and legally deficient attempt” by a few of law firms that have conflicting financial interests.
May 1st 2023 Update: One common question that people ask is how the plaintiffs’ lawyers and their clients turn around $8.9 billion. That’s of course an enormous amount of money. But there are plenty of victims. J&J talc lawsuit update. And these are really good case for plaintiffs. We were reminded of this last week when two talc cases ended in large verdicts for plaintiffs. In February, a talcum powder mesothelioma trial in Oregon led to an award of $18.1 million. A month later, another mesothelioma talc case was brought to trial in South Carolina and resulted in the verdict of $29 million in favor of plaintiff. The defendant in both cases was Whittaker, Clark & Daniels Inc. one of the most prominent suppliers of talc in the U.S.
April 30th, 2023 Update: When J&J first attempted to drag the litigation over talcum powder into bankruptcy, they came with an offer to reserve $2 billion for settlements. The sum was ridiculously low. The talc plaintiffs had not believed in it. This time, however, J&J has increased the offer to $8.9 if the talc plaintiffs agree to a bankruptcy settlement and also has the backing of a significant portion of the talc plaintiffs and their attorneys. J&J talc lawsuit update. But 75% of the plaintiffs who are a talc, which is necessary for bankruptcy plan approval It’s a long and difficult process with so many lawyers with vast stocks of baby powder litigations opposed against the proposed settlement.
What are the solutions to the impasse? More billions.
April 25 2023 Update Talc patients have demanded a judge reject their Chapter 11 case filed by LTL Management LLC, a absurdly-made-up Johnson & Johnson subsidiary, insisting that the company is not financially distressed. LTL filed for Chapter 11 to settle tens of thousands of claims that J&J’s baby powders caused cancer. J&J talc lawsuit update. LTL was denied Chapter 11 in January. 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 stress.
The plaintiffs argue that LTL’s second Chapter 11 case is an misuse of the bankruptcy system and that it’s being conducted in bad good faith. J&J says the bankruptcy settlement receives “significant backing” from firms representing an estimated 60,000 plaintiffs. It is fair to say that plaintiffs’ lawyers and victims ‘ lawyers are divided on this $8.9 billion offer for settlement.
April 21st, 2023 Update A bankruptcy judge ruled that Johnson & Johnson must face new lawsuits alleging that the company sold baby powder that was contaminated and causing cancer. While trials in Talc lawsuits are suspended for a minimum of 60 days however, new lawsuits may be filed, and lawyers can begin preparing their cases. J&J talc lawsuit update. The judge expressed his doubts about J&J’s absurd attempt to relaunch its strategy in the second bankruptcy case.
April 13, 2023 Update: The most important update is about the $8.9 billion over the course of 25 years offer for settlement. Lawyers representing cancer patients within the MDL group action vowed to challenge the settlement the talc claimants. Why? They argue that it’s not enough to pay for more than 70,000 cancer victims. J&J talc lawsuit update. They argue that J&J should seek a bigger settlement or pursue individual claims in the event that the latest bankruptcy is declared unconstitutional.
But there is another lawyer group that isn’t part of the leadership group in this class action. These lawyers have amassed many thousands of cases. This group wants to settle in what many believe to be far less than what these victims deserve. The argument they make is twofold. First, they argue that the settlement – about the equivalent of $100,000 per plaintiff – is fair.
This argument isn’t easy to present. However, their second argument has more teeth: victims can now not wait and they want the money immediately.
April 12, 2023 Update: People are asking how J&J could file for bankruptcy again. The answer is complicated and complex. Let’s try to clarify it simply.
Johnson & Johnson asserts that bankruptcy is the only option to resolve both current and future talc litigations in a definitive manner. In other words, it thinks it will pay less when there is the bankruptcy element which applies pressure for a settlement. J&J talc lawsuit update. Moving past the 400-year span of American history, the company argues that bankruptcy benefits all parties by distributing settlements more fairly and more efficiently than trial courts where litigants are awarded significant awards while others receive nothing.
The basic tenet of the 3rd Circuit decision was this isn’t a case that involves a profitable company making a subsidiary to take the legal risk and declare bankruptcy Congress considered when it was drafting the Bankruptcy Code. But it also said that the subsidiary was not in financial crisis because J&J promised unlimited funding.
So J&J did not hesitate to take advantage of the unlimited funding portion of the deal and didn’t promise to offer unlimited funding for cases. The company claims that its new financing agreements with its subsidiary address appeals court’s concerns, while supplying funds for claim payments. In the hope that offering victims less money will solve the underlying issue.
Lawyers representing cancer victims who oppose the deal counter the agreement with what is a defense against legal nonsense by pointing out legal absurdity: J&J fraudulently transferred $50 billion of assets from LTL Management to circumvent the appeals court’s ruling. Hyperbole was not spared the lawyers representing victims call it the most significant “fraudulent move of assets in United States history.”
Despite the legal jargon, J&J does not really believe that this bankruptcy will last. However, it’s a means to push for this $8.9 billion settlement through and maintain the 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 the funding of litigation in the Class action suit. Funders of litigation Virage Capital Management and TRGP Capital invested in hundreds of claims against Johnson & Johnson (J&J) over talc products in exchange for a portion of any wins. J&J is now offering the payment of $8.9 billion to settle lawsuits.
The funders’ involvement is public information because of the New Jersey court rule requiring the disclosure of certain information about outside funding backers. The rule aims to respond to the increasing calls for regulation of litigation funders. J&J has more than 60,000 claims when you combine federal and state infant powder litigation. Third-party funding in mass tort claims has both pros and cons. There is no doubt that we are witnessing how third-party funding could level the playing field between individuals and large corporations in court.
April 4 2023 Update: It’s fun to watch the worm turning in this lawsuit. J&J was hit again this week when an appeals court in 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. It has froze hundreds of cases involving talcum powder and prevented the filing of new lawsuits ever since J&J initiated the controversial effort to spin the talc debts into a bankrupt entity over a year in the past. J&J talc lawsuit update. When it was decided that the 3rd Circuit ruled that this bankruptcy was insufficient some months ago, the stay was removed. J&J wanted to see it continued pending 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. There is a chance that the Supreme Court is willing even to accept the appeal? Low.
March 16 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 were joined to the MDL over the last month and brought the total number of cases in the pending process up to 37,522.
February 25 2023 Update: A Congressmen from Tennessee has now demanded that authorities from the U.S. Government Accountability Office (GAO) start an investigation into the cost J&J product containing talc has cost the government in the decades.
In a recent letter addressed to the GAO, Rep. Steven Cohen (D-Ten.) has accused J&J of failing to recognize the dangers of its talc products over years while tax dollars were spent on treating people who suffered injuries from exposure to the product. The lawsuit comes just a few weeks following J&J’s dramatic loss in the 3rd Circuit Court of Appeals.
J&J talc lawsuit update. J&J needs to start making reasonable settlements for victims in order getting this behind it. It is a stain on one of the world’s greatest firms.
February 14 2023 Update: In a hearing today at the hearing in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention following the 3rd U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.
You May be Entitled to Significant Compensation J&J talc lawsuit update. 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!