You May be Entitled to Significant Compensation Talc Johnson& 39. 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 with talc would be worth $400 million to US state AGs. Talc Johnson& 39 .
Johnson & Johnson (JNJ.N) has set aside $400 million to resolve U.S. state consumer protection actions as part of its wider $8.9 billion effort to settle claims that its Baby Powder and other talc ingredients cause cancer. Talc Johnson& 39.
J&J company subsidiary LTL Management filed a bankruptcy plan in New Jersey late on Monday that outlines how the firm will pay various types of cancer victims in an arrangement for bankruptcy. Talc Johnson& 39. J&J has said that its talc products are safe and do not cause cancer. J&J is seeking a second time to resolve more than 38,000 lawsuits filed in bankruptcy, as well as prevent new lawsuits from arising in the future.
LTL’s bankruptcy plan will pay $400 million to an additional trust to settle lawsuits filed by state attorneys general alleging that J&J violated laws against unfair business practices in the State of New York and consumer protection laws, by deceiving consumers about the safety of its talc products.
Some states had started consumer protection measures against J&J prior to the first bankruptcy filing stopped these investigations from progressing in 2021. Talc Johnson& 39. New Mexico and Mississippi had already initiated actions 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 LTL’s court documents.
New Mexico and Mississippi have filed a petition to end LTL’s bankruptcy along with cancer sufferers as well as The U.S. Justice Department’s watchdog on bankruptcy, who have claimed that a lucrative business like J&J is not eligible for bankruptcy protections designed for people with debt problems.
The first attempt by LTL to resolve the bankruptcy-related lawsuits was dismissed after similar arguments, when a U.S. appellate court determined it was not LTL did not have “financial difficulty” and ineligible of bankruptcy protection. Talc Johnson& 39. LTL made a new bankruptcy application in just two hours following the dismissal, arguing its second attempt was different due to the fact that there was less money available and had more support for an agreement.
New Mexico and Mississippi said in their motion for dismissal that LTL’s renewed bankruptcy violates state law enforcement powers by trying to unilaterally cap LTL’s liability to state consumer protection laws.
Talc Johnson& 39
LTL’s recent filings also provided more information on how the company would evaluate and pay for cancer claims should the bankruptcy plan be approved.
The maximum amount under the settlement will be $500,000 for people diagnosed with terminal mesothelioma before age 45, and $260,000 for those who have been diagnosed with advanced ovarian cancer before age 45.
From there, the proposed settlement provides discounts based on the nature and severity of cancer, the patient’s age, previous talc use and other factors. Talc Johnson& 39. For instance someone who regularly used talc products weekly, had an ovarian cancer family history, cancer, and was diagnosed with an ovarian cancer stage II by age 55 might qualify for a $21,125 payment under the plan.
Judge orders J&J and talc opponents participate in settlement talks.
Following another hearing in Johnson & Johnson’s attempt to utilize a Texas Two-Step bankruptcy strategy to resolve talc litigation, federal bankruptcy Judge Michael Kaplan has ordered the company and those opposing the strategy to engage in negotiations to settle the matter, Bloomberg reports.
With its second bankruptcy bid for LTL Management–a subsidiary established by J&J to settle claims – the company made a settlement offer of $8.9 billion. Talc Johnson& 39. While one group of law firms representing plaintiffs supports the deal, another group is opposed to the offer.
The previous week, the opposition group, which is known as”The Official Committee of Talc Claimants requested the bankruptcy court to dismiss the case asserting that LTL is not considered to be in financial distress.
“The filing is a desperate and legally ineffective attempt by a tiny number of law firms to try to prevent claimants from voting on the resolution plan, a plan the vast and growing majority of claimants support,” J&J’s litigation chief Erik Haas, said in an announcement. Talc Johnson& 39. “The law firms behind these filings have interests in finance that clash with, diverge from and oppose the interests of their clients. We’ll soon submit a response to the appellate court.”
Talc Johnson& 39. Clay Thompson, a lawyer for MRHFM who boasts more than mesothelioma patients who have filed lawsuits against J&J for bankruptcy, told J&J’s second bankruptcy attempt is likely to fail.
“J&J sends out press releases about how great the plan is but simultaneously insisting that the plan’s details, including what individuals with illnesses would be treated to,” Thompson said in an email. “What is J&J’s plan to keep secret?”
Kaplan has directed the parties to come up with another strategy for reorganization, under supervision and supervision of mediators.
The court in February of 2022 Kaplan confirmed J&J’s use of Chapter 11 to hasten a settlement that will free J&J from the hundreds of thousands of claims related to its talcum-based products.
But in January of this year an appeals court in the United States overturned the decision, ruling that the company could not be considered in “financial difficulty.”
After J&J’s appeal to the U.S. Supreme Court was rejected on April 1, J&J declared bankruptcy roughly two hours after. In response, Kaplan froze the lawsuits for 60 days to decide whether to grant the second bankruptcy.
J&J’s unstoppable profit engine sputters after $6.9B talc litigation charge.
Through two Chapter 11 attempts, J&J has gotten 19 months of which cases were put in limbo. Talc Johnson& 39. The company wants claimants to vote on accepting their settlement. J&J needs 75% approval for the deal to pass.
In addition to the gang of talc lawyers who panned the company’s bankruptcy as well, the U.S. Trustee, an arm that is part of the U.S. Department of Justice, also filed an application to dismiss LTL’s bankruptcy second case.
In a filing this week, U.S. Trustee Andrew R. Vara wrote that the doors of bankruptcy are “open to honest, but naive debtors.” These doors “are not open to parties that don’t have a legitimate bankruptcy purpose or that seek to use the bankruptcy process to delay or hinder their creditors,” Vara continued.
For its part, J&J maintains there is no proof conclusive that their Talc-based products, such as the famous baby powder, cause cancer. J&J has adopted the products of the market, first on North America in 2020–and the rest of the world this year.
J&J seeks to avoid the expense of going to court. J&J has won the majority of cases that were decided during trial, however, certain losses have been extremely harsh.
A highly-publicized trial in Missouri led to an $4.7 billion verdict against the drug company, which was later reduced 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 cases involving talc, which are appealing or concluded. Out of 41 trials 32 of them ended in an outcome for J&J, a mistrial or plaintiff verdict that was annulled in appeal. Talc Johnson& 39. Additionally, the company in 2020 sought to settle over 1,000 cases for 100 million dollars, Bloomberg stated at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Talc Johnson& 39
Our lawyers handle baby powder lawsuits in all 50 states. The lawsuits involving talcum powder against Johnson & Johnson have been ongoing for years. Talc Johnson& 39. The lawsuits assert that long-term use of the powder (or “talc”), the active ingredient found in products such as Baby Powder or Shower to Shower as well as other products, may cause ovarian cancer among some women.
This article provides a J&J Talc Power litigation update and provides an overview of how the upcoming bankruptcy ruling impacts the ultimate settlement amounts in the ovarian cancer lawsuits.
Has the deadline passed for you to make a claim for talcum powder? Many people who think 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 – Talc Johnson& 39
June 2 2023 Update: At an asbestos talc court trial held in California yesterday, technical issues interrupted the opening statements of the defense lawyers. Talc Johnson& 39. Jurors who were watching at home via Zoom and hearing the Johnson & Johnson’s lawyer voice his doubts about the 70s research that claimed asbestos was present in their product before the trial was abruptly closed.
In the meantime, the plaintiff could introduce an initial witness Arthur Langer. Langer said that the presence of additional minerals along with talc is expected. He also testified that his team informed J&J in 1971 of the presence of asbestos chrysotile in the talc manufactured by the company, though in lesser than 0.1 percent. The asbestos was discovered by him in 1976.
June 1, 2023 Update: Talc Johnson& 39. A trial for the first time since J&J took the decision to disband its Talc division and declare bankruptcy marks a pivotal moment within the ongoing lawsuit drama. Trial began yesterday in the poignant case of a young, 24-year-old plaintiff who was diagnosed with a rare and aggressive type of mesothelioma earlier this year. which both sides believe is a tragic loss.
The opening statements exposed the stark differences in each side’s narrative. The attorney for the plaintiff took aim at Johnson & Johnson, alleging the use of deceitful methods in their research practices as well as throughout the litigation process. The attorney claims that, according to, Johnson & Johnson attempted to alter the definition of asbestos in spite of internal documents dating from 1998 and 1994 that show asbestos fibers found in tissues of the plaintiff are part of.
Johnson & Johnson’s precarious $8.9 billion settlement is hanging in the balance with the progress of this trial. Despite the particularity of the mesothelioma trial and its distinct issues compared to other talcum powder lawsuits and a decision in favor of the plaintiff could inflict an enormous setback for J&J’s hopes of broad acceptance of their proposed settlement among plaintiffs.
May 31st 2023 Update: Johnson and Johnson’s bankrupt talc business strongly defended their 2nd Chapter 11 filing in the face of challenges from talc injury claimants. In an objection submitted to the New Jersey bankruptcy court, the company argued that the situation was distinct from the previous filing. It also emphasized the unprecedented commitment to $8.9 billion by J&J as the largest ever settlement in an bankruptcy case involving mass torts. Talc Johnson& 39. The issue is not discussed: whether this amount indicates that it is a fair settlement. J&J also claimed support from various plaintiffs’ law firms representing over sixty thousand claimants. This is hard to verify but is probably incorrect.
May 24 2023 Update: In the wake of Johnson &J Johnson’s bankruptcy filing, the very first trial concerning the cosmetic talc products it claims to that contain asbestos is scheduled to start jury selection on Monday in California at Alameda County Superior Court, an historically reliable jurisdiction for plaintiffs. The plaintiff asserts that his mesothelioma was triggered by asbestos exposure from J&J’s products which the company is denying. The trial also includes six retailers who are accused of selling talc-based products.
May 22nd, 2023 Update Lawyers involved in the 2nd J&J Talc bankruptcy are battling over who should be chosen to fill the role of the future claims representative, a role that is critically essential in resolving the claims involving talc. Talc Johnson& 39. Randi Ellis, a lawyer who is frequently involved in MDLs all over the nation was appointed the claims representative during the first bankruptcy. J&J’s defense attorneys want Ellis to be appointed in that position yet again, but the lawyers for the talc plaintiffs are objecting to the claim that Ellis has an interest conflict that would prevent her from taking on that role for the second time. The issue stems from the possibility that Ellis was believed to have been involved in the drafting of the highly contested second bankruptcy, which raises concerns about her ability to be neutral. In reality, the bankruptcy will be dismissed regardless.
May 17th, 2023 Update: The fake company J&J created to settle the talc litigation bankruptcy told a New Jersey bankruptcy court that they have designated $400 million as a settlement for claims made by states accusing the company of deceptive advertising for its talc products. Talc Johnson& 39. So that makes it an $8.5 billion settlement for cancer victims. It’s difficult to imagine any scenario in which J&J will be able to push these settlements for babies at these numbers. Although J&J’s $8.5 billion offer might seem like a huge sum initially, it does not look great when you consider the math. The proposed settlement based on our estimates – will not offer victims anything more than $100,000 per instance. It’s not enough.
May 15th, 2023 Update J&J is potentially facing a suit from an advocacy group that represents cancer victims. Talc Johnson& 39. The group claims J&J intentionally withdrew the $61.5 billion fund-raising agreement together with its parent company, LTL Management LLC, to simulate financial stress and confirm the unit’s Chapter 11 bankruptcy filing. The group asserts this action amounts to a fraudulent transfer of the rights of victims’ compensation. They intend to investigate J&J’s actions as a result of the decision to dismiss LTL’s first bankruptcy suit.
May 10 2023 Update: Next week this week, it is expected that the U.S. Bankruptcy Court in New Jersey will hear oral arguments on a petition to dismiss the second bankruptcy filing of J&J LTL Management, J&J’s subsidiary. LTL Management. In the meantime the bankruptcy has issued an order calling for both parties to participate in a second settlement mediation hoping that a global settlement deal can reached.
May 5 2023 Update: Talc manufacturer Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to several lawsuits alleging that its talc products cause cancer due to asbestos exposure. Talc Johnson& 39. Over 2,700 people have sued the firm, and it was spending $1 million a month to defend itself. The company’s recent $29 million verdict that was handed down in South Carolina forced it to seek bankruptcy protection, arguing for an equitable distribution of assets between the claimants of talc instead of being taken over by the receiver. Other suppliers of talc have declared bankruptcy because of legal proceedings.
May 4, 2023 Update U.S. bankruptcy judge Michael Kaplan has directed Johnson & Johnson to reopen negotiations with lawyers who rebuffed the company’s proposed $8.9 billion settlement offer. It was in Trenton, New Jersey yesterday, the parties gathered in court to discuss the next steps for another bankruptcy proceeding and Judge Kaplan was pushing for more settlement discussions.
This is the solution to resolve these claims for J&J. A baby powder settlement could be made. Talc Johnson& 39. But it will require more money, more billions of dollars – from Johnson & Johnson.
Lawyers are divided over whether to accept the proposal and not all clients see the issue in the same manner their lawyer sees it. A second bankruptcy proceeding is bound to go nowhere and 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 who are 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 is an attempt to derail the litigation surrounding talc-based products. The group representing claimants for talc has filed a motion this week asking for the Third Circuit to consider their case and to send it back the lower court, with instructions to discharge the bankruptcy. Talc Johnson& 39. The committee also requested that the halted tort litigation against J&J be allowed to continue.
LTL filed for Chapter 11 protection once again following its bankruptcy filing that was denied by the Third Circuit earlier this year with the possibility of an $8.9 billion payment. The committee says that the recent ruling allowing the second Chapter 11 to continue, as well as halting the trials against J&J should be subject to immediate Third Circuit review. The US Trustee also requested that 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 declaring that J&J plans to file a formal response in the appeals court declaring the filing an “desperate and legally insufficient attempt” by a small number of law firms who have competing financial interests.
May 1, 2023 Update: One most frequently asked question is how could the plaintiffs’ lawyers and their clients turn down $8.9 billion. Of course, that’s a lot of money. But there are a lot of victims. Talc Johnson& 39. These are an excellent case for plaintiffs. We were reminded of this last week by two talc-related trials that led to huge verdicts for plaintiffs. In February mesothelioma cases, a talcum powder trial in Oregon ended in a verdict in the amount of $18.1 million. In the same month, a different mesothelioma talc case was brought to hearing within South Carolina and resulted in a verdict of $29 million on behalf of the plaintiff. Both cases were defended by Whittaker, Clark & Daniels Inc. which is one of the most prominent suppliers of talc in the U.S.
April 30, 2023 Update: When J&J initially attempted to pull the talcum powder lawsuit into bankruptcy, it came with an offer to put aside $2 billion for settlements. The sum was ridiculously low. None of the talc plaintiffs agreed with the proposal. This time around, however, J&J has increased the offer to $8.9 if the talc plaintiffs will allow a bankruptcy settlement and they also have the support of a substantial part of the talc-related plaintiffs as well as their lawyers. Talc Johnson& 39. However, 75% of plaintiffs in the talc category, which is required to approve bankruptcy plans, it a tough road since there are so many lawyers with large inventories of baby powder lawsuits that are opposed against the proposed settlement.
What can be done to end 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, 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. Talc Johnson& 39. LTL was denied Chapter 11 in January. 3rd Circuit dismissed its first Chapter 11 case in January, saying the company was not eligible for bankruptcy relief as it was unable to demonstrate financial distress.
The claimants assert that the second Chapter 11 case is an overreach of the bankruptcy system and it’s being conducted in bad faith. J&J states that the bankruptcy settlement is backed by “significant support” from companies representing about 60,000 potential plaintiffs. It’s fair to say that plaintiffs’ lawyers and victims ‘ lawyers are divided on this $8.9 billion deal.
April 21, 2023 Update: A bankruptcy judge has ruled the company Johnson & Johnson must face new lawsuits claiming that the company sold a baby powder that contained a chemical that causes cancer. Even though trials for the talc lawsuits have been suspended for a minimum period of 60 days however, new lawsuits may be filed, and lawyers may begin to prepare their cases. Talc Johnson& 39. The judge expressed his doubts about J&J’s ridiculous effort to relaunch its strategy in the second bankruptcy case.
April 13 2023 update: the big story is that there’s an $8.9 billion over the next 25 years offer for settlement. Lawyers representing cancer victims involved in the MDL Class Action have promised to fight the settlement along with the talc claimants. Why? They believe it’s too little money for the more than 70,000 cancer victims. Talc Johnson& 39. They argue that J&J should negotiate a larger settlement or pursue individuals’ claims if the current bankruptcy is thrown out.
But there’s a separate group of lawyers outside of the top leadership in group action. These lawyers have collectively amassed tens of thousands of cases. The group is seeking to settle in what many believe to be less than these victims deserve. The argument they make is two-fold. They argue that the settlement – which amounts to 100 million dollars on average per plaintiff is fair.
This is an argument that is difficult to present. However, their second argument has more substance: the victims will no longer wait and want their money today.
April 12 2023 Update: People are seeking out how J&J can file for bankruptcy again. The answer is complex and complex. Let’s try to clarify it in simple terms.
Johnson & Johnson asserts that bankruptcy is the only option to settle both present and future lawsuits involving talc conclusively. Also, it believes it can pay less should there be an element of bankruptcy that puts pressure to settle. Talc Johnson& 39. Moving past 400 years of American history, the firm believes that bankruptcy is beneficial to all parties as it distributes settlements more equally and efficiently than trial courts, where some litigants receive significant payouts, while others are left with nothing.
The essence of the 3rd Circuit decision was this is not a matter of one that makes a profit, but an entity to assume the legal responsibility and declare bankruptcy – Congress thought of when drafting its Bankruptcy Code. However, it also stated it was not in financial distress due to the fact that J&J promises unlimited funding.
Then J&J decided to go with the funding unlimited part of the agreement but did not pledge to fund unlimited cases. J&J claims that its modified financing arrangements with its subsidiary address the concerns of the appellate court, while offering funds to pay claims. In the hope that offering victims less money will solve the problem at hand.
Lawyers representing cancer patients who oppose the agreement counter this with what you conclude is the legal argument. Talc Johnson& 39. They counter with legal absurdity: J&J fraudulently transferred $50 billion of assets from LTL Management to circumvent the appeals court’s ruling. Hyperbole did not go unnoticed attorneys representing the victims claim it the most significant “fraudulent transfer 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 offers an informative article on a new law of New Jersey that is shedding new light on litigation funding in the plaintiffs in the class action. Litigation funders Virage Capital Management and TRGP Capital invested in hundreds of claims that were brought against Johnson & Johnson (J&J) concerning talc products in exchange for a portion of any winnings. J&J has now offered an offer of $8.9 billion to settle lawsuits.
The funders’ involvement is public knowledge 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 regulation of litigation funders. J&J is facing more than 60,000 claims when you combine federal and state baby powder lawsuits. Third-party funding of mass tort cases is not without its pros and cons. But there is no question that we are witnessing how third-party funding can level the playing field for individuals as well as large corporations in court.
April 4 2023 Update: It is interesting to watch the worm turn in this lawsuit. J&J suffered another setback this week when the Third Circuit denied J&J’s request to keep the automatic stay in place as J&J appeals a bankruptcy decision in the U.S. Supreme Court. It has froze thousands of talcum cases and prevented new lawsuits from being filed ever since J&J initiated the controversial effort to spin the talc debts off into a bankrupt subsidiary more than a year ago. Talc Johnson& 39. After it was decided that the 3rd Circuit ruled that this bankruptcy was not legal only a few months back, the stay was lifted. J&J wanted to see it continue in the meantime of hearing the SCOTUS appeal. But the answer was no.
April 1st, 2023 Update: Johnson & Johnson announced it will appeal its 3rd Circuit bankruptcy loss to the U.S. Supreme Court last week. The odds that is that the Supreme Court is willing even to take up the appeal? Low.
March 16 2023 Update: With the bankruptcy stay being in effect, the first new cases were filed and incorporated into the talcum powder class action MDL in just over a year. Seven new talc cases were added to the MDL over the last month, bringing the total number of cases in the pending process up to 37,522.
February 25 2023 Update 2023 Update: A Congressmen from Tennessee is now demanding that the U.S. Government Accountability Office (GAO) initiate an investigation into the amount J&J products containing talc have cost the government in the years.
In a recent letter to the GAO, Rep. Steven Cohen (D-Ten.) accused J&J of failing to recognize the dangers of its talc-based products for decades while tax dollars were used to treat those who were injured through exposure to the chemicals. The demand comes just weeks after J&J’s loss to the 3rd Circuit Court of Appeals.
Talc Johnson& 39. J&J should begin to make reasonable settlement offers to victims, in order the process of putting all this behind. It’s a mark on one of the most prestigious businesses.
February 14 2023 Update: At a hearing today in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention following the ruling of 3rd U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.
You May be Entitled to Significant Compensation Talc Johnson& 39. 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!
>>> Talc Johnson& 39