Asbestos/Class Action – Are You Eligible To File A Talc Lawsuit?

You May be Entitled to Significant Compensation Asbestos/class action. Johnson & Johnson powders were proven to contain asbestos (a cancer causing agent) and the company failed to notify users of the cancer risk. $2 BILLION has already been awarded to claims. Free To File! No Fees Unless A Settlement Is Awarded!

J&J’s proposed talc settlement would make payments of the sum of $400 million US state AGs. Asbestos/Class Action .

Johnson & Johnson (JNJ.N) has put aside $400 million to address U.S. state consumer protection actions as part of its broad $8.9 billion plan to settle claims that its Baby Powder and other talc-based ingredients cause cancer. Asbestos/class action.

J&J affiliate LTL Management filed a bankruptcy plan in New Jersey late on Monday that outlines how the firm will pay various types of cancer victims as part of the bankruptcy settlement. Asbestos/class action. J&J has claimed that its Talc products are safe, and will not cause cancer. The company is trying for another time to settle more than 38,000 lawsuits filed in bankruptcy, as well as prevent new lawsuits from being filed in the near future.
LTL’s bankruptcy plan would pay $400 million into an additional trust to settle claims brought by state attorneys general claiming that J&J was in violation of states’ unfair practices as well as consumer protection laws by misleading consumers about the safety of its talc products.

A number of states had already initiated consumer protection lawsuits against J&J before LTL’s first bankruptcy filing stopped those investigations from moving forward in 2021. Asbestos/class action. New Mexico and Mississippi had already launched actions against Johnson & Johnson before then and the states of Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative requests or subpoenas in LTL’s court documents.

 

 

New Mexico and Mississippi have decided to declare LTL’s bankruptcy unfinished, joining cancer victims as well as the U.S. Justice Department’s bankruptcy watchdog. have claimed that a lucrative firm like J&J cannot benefit from bankruptcy protections intended for those struggling with debt.
LTL’s first attempt at resolving the bankruptcy cases was rejected after the same arguments. In the end, a U.S. appeals court determined that LTL did not have “financial distress” and thus not eligible for bankruptcy protection. Asbestos/class action. LTL made a new bankruptcy application in just two hours following the dismissal, saying that its second attempt was different because it was able to borrow less and more backing for the possibility of settling.

New Mexico and Mississippi said in their motion to dismiss that LTL’s renewed bankruptcy violates state law enforcement authorities by trying to unilaterally cap the liability of the company for state consumer protection measures.

 

Asbestos/Class Action

The filings of LTL’s latest bankruptcy proceedings also include more details on how the company would evaluate and pay cancer claims should the bankruptcy plan be approved.

The largest amount of money under the settlement would be $500,000 for those diagnosed with mesothelioma terminal prior to age 45 and $260,000 for patients diagnosed with terminal ovarian cancer before age 45.

From there, the proposed settlement applies discounts depending on the nature and severity of cancer, the patient’s age, history of using talc and other factors. Asbestos/class action. For example, a woman who used talc products weekly, had the family history of ovarian cancer, and was diagnosed with an ovarian cancer stage II at age 55 could be in line for a $21,125 payout under the program.

Judge orders J&J, talc opponents to discuss settlement negotiations.

Following another round of hearings in Johnson & Johnson’s effort to use 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 settlement talks, Bloomberg reports.

The second time it attempted to file for bankruptcy for LTL Management, a subsidiary set up by J&J to hold the claims–the company made a settlement offer of $8.9 billion. Asbestos/class action. While a firm representing plaintiffs is in favor of the deal, another group opposes the move.

This week, the opposition group, which is known as”The Official Committee of Talc Claimants, urged the bankruptcy court for dismissal of the matter by arguing that LTL cannot be regarded as in financial hardship.

“The filing is a desperate and legally ineffective attempt by a tiny number of law firms to block claimants from voting on the resolution, which the vast majority of claimants favor,” J&J’s litigation chief Erik Haas, said in an announcement. Asbestos/class action. “The law firms behind these filings have interests in finance that do not align with, diverge from, and are in opposition to the interests they represent. We will be submitting an answer an appeal to the appellate court.”

Asbestos/class action. Clay Thompson, a lawyer for MRHFM that boasts more than mesothelioma patients who have filed lawsuits against J&J, said that the company’s second bankruptcy try is likely to fail.

“J&J issues press releases describing how fantastic the plan is but simultaneously insisting that the plan’s details, including what individuals with illnesses would receive,” Thompson said in the statement. “What do they have to keep secret?”

 

 

Kaplan has instructed the sides to come up with another restructuring plan, with the oversight and supervision of mediators.

The court in February of 2022 Kaplan acknowledged J&J’s use of Chapter 11 to hasten a settlement that would release J&J from the thousands of lawsuits related to its talcum-based products.

However, in January of this year, an appeals court of the federal government overturned the decision, deciding that the firm 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 dismissed at the end of April J&J was granted a second petition for bankruptcy about two hours after. In response, Kaplan froze the lawsuits for 60 days in order to determine whether to allow to file for bankruptcy again.

J&J’s unstoppable profit engine sputters after $6.9B the talc litigation cost.

With the Two Chapter 11 attempts, J&J has gotten 19 months of which cases were placed in limbo. Asbestos/class action. The company would like claimants to vote on accepting their settlement. J&J requires 75% acceptance for the deal to pass.

In addition to the group of talc lawyers who panned the company’s bankruptcy, the U.S. Trustee, an arm that is part of the U.S. Department of Justice was also the one to file an application to dismiss LTL’s second bankruptcy case.

In a recent filing, U.S. Trustee Andrew R. Vara wrote that the the bankruptcy court are “open to honest but unfortunate debtors.” Those doors “are not accessible to those that don’t have a legitimate bankruptcy goal or who seek to abuse the bankruptcy process to hinder or delay their creditors,” Vara continued.

For its part, J&J maintains there is no proof conclusive that their Talc products, which includes the famous baby powder, cause cancer. J&J has taken its products off from the market and will first launch them to be available in North America in 2020–and the remainder of the globe later this year.

J&J wants to avoid the cost of going to trial. The company has won most of the cases that have been resolved at trial, but some losses have been very harsh.
A highly publicized trial in Missouri led to a $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
In all, J&J has lost nine talc trials that are either being appealed or resolved. Out of 41 trials 32 have resulted in winning for J&J as well as mistrials or plaintiff verdict that was reversed in appeal. Asbestos/class action. Separately, the company has announced plans to settle over 1,000 cases for $100 million, Bloomberg published at the time.

 

Talcum Baby Powder Ovarian Cancer Lawsuit – Asbestos/Class Action

Our lawyers are handling baby powder cases in every state. The lawsuits involving talcum powder on behalf of Johnson & Johnson have been ongoing for many years. Asbestos/class action. The lawsuits assert that long-term use of talcum powder (or “talc”), the active ingredient in many products, including the Baby Powder along with Shower to Shower which can cause ovarian cancer in certain women.

This page gives an J&J update on the talc power litigation and discusses how the upcoming bankruptcy ruling affects the final settlement amounts in the cases of ovarian cancer.

Is the deadline for you to make a claim for talcum powder? Many who believe that the statute of limitations has run out to sue Johnson & Johnson are wrong. Call us now at 800-553-2082 or request a no-cost and quick case review online.

 

Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Asbestos/Class Action

June 2, 2023 Update: During the trial for asbestos-containing talc in California yesterday, a couple of technical issues interrupted the opening statements of the defense attorneys. Asbestos/class action. Jurors who were watching from home via Zoom and hearing the Johnson & Johnson’s lawyer expressing skepticism about the 70s science asserting the presence of asbestos in their product before the session abruptly ended.

Meanwhile, the plaintiff was able to introduce the first of their witnesses, Arthur Langer. Langer stated that the presence of additional minerals along with the talc mineral is a given. He testified that his team advised J&J in the year 1971 about the presence of chrysotile asbestos in the talc manufactured by the company, though with just 0.1 percent. He also found more asbestos in 1976.

June 1, 2023 Update: Asbestos/class action. A trial for the first time since J&J made the decision to split its talc division and declare bankruptcy marks an important point for the ongoing litigation drama. Trial started on Monday in the heartbreaking case of a young, 24-year-old plaintiff, diagnosed with a rare and aggressive type of mesothelioma last year. a diagnosis lawyers on both sides agree is a grave tragedy.

Opening statements revealed distinct differences between each side’s narrative. The attorney for the plaintiff took aim on Johnson & Johnson, alleging that the company employed deceitful techniques in its research practices and throughout the litigation procedure. In the words of attorney the company attempted to manipulate asbestos’ definition, in spite of internal documents dating from between 1978 and 1994 that showed asbestos fibers found in tissue of the plaintiffs are included.

Johnson & Johnson’s precarious $8.9 billion settlement is hanging in the balance with the progression of this trial. Despite the unique nature of the mesothelioma trial and the unique issues it faces compared to other talcum powder lawsuits A verdict in favor of the plaintiff could result in an unintended setback to Johnson & J’s hope of gaining broad acceptance for the settlement they have proposed among plaintiffs.

May 31 2023: Update from Johnson and Johnson’s bankrupt talc division was able to defend their Second Chapter 11 filing in the facing challenges from victims of talc injuries. In an opposition filed with the New Jersey bankruptcy court, the subsidiary argued that the situation was fundamentally different from the earlier filing. It emphasized the unprecedented commitment to $8.9 billion from J&J, the largest settlement ever made in a mass tort bankruptcy case. Asbestos/class action. It was not mentioned how the size of the settlement indicates that it is a fair settlement. J&J also claimed that it received support from a variety of plaintiffs’ law firms representing over sixty thousand claimants. It is difficult to confirm however it is likely to be incorrect.

May 24 2023 Update: In the wake of Johnson &J Johnson’s bankruptcy filing, the very first trial regarding its cosmetic talc items allegedly containing asbestos is set to start jury selection Monday in California within the Alameda County Superior Court, the most favored court for plaintiffs. The plaintiff claims that his mesothelioma is the result of asbestos exposure through J&J’s products, an allegation 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 2nd J&J Talc bankruptcy are currently fighting over who should be chosen to fill the post of the claims representative in the future, which is vitally essential to the resolution of the claims involving talc. Asbestos/class action. Randi Ellis, a lawyer who is frequently involved in MDLs across the country, was appointed as the claims representative in the first bankruptcy. J&J’s defense team wants Ellis to be appointed to that role and again, but attorneys for the talc plaintiffs are protesting due to the fact that Ellis has conflicts of interest which would prohibit her from being appointed to that post for the second time. This conflict is rooted in the reality that Ellis was apparently involved in the creation of the hotly disputable second bankruptcy, raising doubts about her capability to remain neutral. It’s true that this bankruptcy could get dismissed anyway.

May 17, 2023 Update The fake company J&J put together to handle the bankruptcy of talc told a New Jersey bankruptcy court that they have set aside $400 million to pay the claims made by states accusing the company of deceitful advertising for its talc product. Asbestos/class action. This amounts to an $8.5 billion settlement to cancer victims. It’s hard to imagine the scenario in which J&J can push the settlements of baby powder through with these numbers. While J&J’s $8.5 billion offer might seem like a lot of money at first, it does not look good when you look at the numbers. This settlement proposal – by our rough calculations, would not pay victims much more than an average settlement $100,000 per case. That’s not enough.

May 15th, 2023 update: J&J is potentially facing a lawsuit brought by an advocacy group representing cancer victims. Asbestos/class action. The group contends that J&J deliberately withdrew a $61.5 billion financing agreement in conjunction with its affiliate, LTL Management LLC, to simulate financial distress and confirm the unit’s Chapter 11 bankruptcy filing. The group asserts this action could be interpreted as a fraudulent transfer of the rights of compensation for victims. They are planning to study J&J’s actions as a result of the dismissal of LTL’s first bankruptcy suit.

May 10 2023 Update: During the next week next 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, however, LTL Management has filed an order requiring both sides to participate in a second settlement mediation to see if an international settlement agreement can be been reached.

May 5 2023: Update on Talc manufacturer Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to several lawsuits alleging that its talc products caused cancer through asbestos exposure. Asbestos/class action. Over 2,700 individuals have sued the company, and it was paying $1 million per month to defend itself. The company’s recent $29 million verdict at the Supreme Court of South Carolina forced it to seek bankruptcy protection, arguing that assets should be distributed in an equitable manner to talc claimants, rather than being taken over from 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 relaunch settlement discussions with lawyers who rebuffed the company’s $8.9 billion settlement offer. It was in Trenton, New Jersey yesterday, the parties appeared before a judge to discuss next steps to take in another bankruptcy proceeding and Judge Kaplan pushed more settlement talks.

This is the solution to settle these claims with J&J. A settlement for baby powder can be made. Asbestos/class action. However, it’ll require more money – billions of dollars – by Johnson & Johnson.

Lawyers have a split opinion on whether or not to accept the plan and not all clients view the issue the same way their lawyer views it. This second case of bankruptcy is bound to fail and Judge Kaplan has scheduled a hearing for June to decide whether to close the case for the third time.

May 3, 2023 Update: A group of cancer patients who have sued Johnson & Johnson (J&J) asked for they request that the Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it is a bid to stop litigation regarding talc-related products. The group representing the claimants submitted a motion on Tuesday asking that the Third Circuit to consider their case and to send it back before a court of lower jurisdiction with instructions to discharge the bankruptcy. Asbestos/class action. They also asked that the halted tort litigation against J&J continue to continue.
LTL applied for Chapter 11 protection once again following its bankruptcy filing that was rejected by the Third Circuit earlier this year and offered an $8.9 billion settlement. The committee believes that the recent decision allowing LTL’s third Chapter 11 to continue, while also halting trials against J&J, warrants the immediate Third Circuit review. The US Trustee also asked that an New Jersey bankruptcy court dismiss the LTL bankruptcy case. J&J’s worldwide vice president of litigation, Erik Haas, was quoted by Bloomberg declaring that J&J plans to file a response in the appeals court saying that the filing is a “desperate and legally deficient plan” by a handful of law firms that have different financial interests.
May 1st 2023 Update: One common question that people ask is how plaintiffs and their lawyers be able to turn on $8.9 billion. Of course, that is quite a sum. There are a lot of victims. Asbestos/class action. They are a great cases for plaintiffs. We have been reminded of this recently with two talc trials led to huge verdicts for the plaintiffs. In February, a talcum powder mesothelioma trial in Oregon resulted in a verdict in the amount of $18.1 million. In the same month, a different mesothelioma talc case was brought to trial in South Carolina and resulted in a verdict of $29 million to the plaintiff. The defendant in both cases was Whittaker, Clark & Daniels Inc., one of the most prominent producers of talc in the U.S.
April 30, 2023 Update: When J&J first tried to bring the talcum powder litigation into bankruptcy, it came with an offer to reserve $2 billion for settlements. This was an absurdly low amount. There was no one among the talc victims who were in favor of the proposal. However, this time, J&J has increased the offer to $8.9 for talc-related plaintiffs if they accept a bankruptcy settlement and they also have the support of a substantial segment of the talc plaintiffs and their lawyers. Asbestos/class action. But 75% of the plaintiffs who are a talc, which is required to approve bankruptcy plans It’s a long and difficult process due to the sheer number of lawyers with vast stocks of baby powder litigations opposed to the settlement.

What is the solution to this impasse? More billions.
April 25 2023 update: Talc Cancer victims have asked a judge to dismiss their Chapter 11 case filed by LTL Management LLC, a absurdly made-up Johnson & Johnson subsidiary, which claims that the business is not financially troubled. LTL requested Chapter 11 to settle tens of thousands of claims that J&J’s baby products caused cancer. Asbestos/class action. In the end, however, the 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 stress.

The claimants argue that the third Chapter 11 case is an fraud on the bankruptcy system and that the case is being handled in bad faith. J&J claims the bankruptcy settlement has “significant backing” from the firms that represent around 60,000 people who are claiming. It’s fair to say that lawyers representing plaintiffs and the victims are split over this $8.9 billion amount of settlement offered.

April 21, 2023 Update: A bankruptcy judge ruled in favor of Johnson & Johnson must face new lawsuits alleging that it sold a baby powder that contained a chemical that causes cancer. Although trials for talc lawsuits are paused for at least 60 days however, new lawsuits may be filed, and lawyers may begin to prepare their cases. Asbestos/class action. Judges expressed skepticism about J&J’s attempt to revive its strategy by filing another bankruptcy case.

April 13th, 2023 update: the biggest update is about the $8.9 billion over 25 years of settlement. Lawyers representing cancer patients who are part of MDL class action MDL collective action vowed to fight the settlement alongside those who claim talc. Why? They feel it’s not enough for 70 000 cancer patients. Asbestos/class action. These lawyers argue that J&J should seek a bigger settlement or even litigate individual claims if the latest bankruptcy is thrown out.

But there is another lawyer group that isn’t part of the top leadership in that class action. They have amassed tens of thousands of cases. They want to settle today in what many believe to be less than these victims deserve. The argument they make is two-fold. The first is that they claim the settlement – about 100,000 dollars per plaintiff – is fair.

This is an argument that is difficult to present. However, their second argument has more substance: the victims will be no longer patient and demand their money now.

April 12 2023 Update: Many are looking for ways J&J can go through bankruptcy once more. The answer is complicated and confusing. But let’s try to explain it in simple terms.
Johnson & Johnson asserts that bankruptcy is the only method to settle both present and future talc litigations in a definitive manner. That is, it thinks it will pay less should there be a bankruptcy component that applies pressure to negotiate a settlement. Asbestos/class action. Driving past more than 400 years in American history, the firm claims that bankruptcy benefits everyone by dispersing settlements more fairly and more efficiently than trial courts which are where litigants get significant awards while others receive nothing.

The gist in the 3rd Circuit decision was this is not a case – one that makes a profit, but an entity to assume the legal responsibility and declare bankruptcy – something Congress had in mind when it came to drafting the Bankruptcy Code. But it also said that the subsidiary was not financially trouble because J&J assured it of unlimited funding.
Thus, J&J did not hesitate to take advantage of the unlimited funding portion of the deal but did not pledge to fund unlimited litigation. The company claims that new financing agreements with its subsidiary address concerns of the appeals court while offering claim payment funds. It’s as if giving victims less money will solve the problem at hand.

Lawyers representing cancer victims who oppose the deal counter this with what you conclude is a defense against legal nonsense by pointing out legal nonsense: J&J fraudulently transferred $50 billion of assets from LTL Management to circumvent the appeals court’s earlier decision. Hyperbole did not go unnoticed the lawyers representing victims call this the biggest “fraudulent transaction ever in United States history.”

Despite all the legal jargon, J&J does not really believe that this bankruptcy will last. However, it’s a means of pushing this $8.9 billion settlement through and maintain pressure on plaintiffs.

April 10 2023, Update Bloomberg has an interesting article on a new law of New Jersey that is shedding new light on litigation funding in the plaintiffs in the class action. Funders of litigation Virage Capital Management and TRGP Capital invested in hundreds of lawsuits against Johnson & Johnson (J&J) regarding talc products, in exchange in exchange for a portion of wins. J&J has now offered the payment of $8.9 billion to settle any lawsuits.

The involvement of funders is public information due to an New Jersey court rule requiring the disclosure of certain information regarding outside funding backers. The rules aim to address the growing calls for regulation of the litigation funders. J&J faces over 60,000 claims when you add up federal and state child powder-related lawsuits. Third-party funding for mass tort lawsuits is not without its pros and pros and. There is no doubt that we are seeing how third-party funding can level the playing field for individuals and large corporations in court.

April 4 2023 Update: It’s interesting to watch the worm turn in this case. J&J was hit again this week, when it was found that the Third Circuit denied J&J’s request to maintain the automatic stay in the meantime that J&J appeals an order granting bankruptcy at the U.S. Supreme Court. This automatic stay froze thousands of talcum cases and stopped new lawsuits from arising ever since J&J initiated the controversial effort to spin the talc liability into a bankrupt company over a year earlier. Asbestos/class action. When the 3rd Circuit ruled that this bankruptcy was invalid a few months ago, the stay was lifted. J&J wanted to see it remain in effect until its SCOTUS appeal. However, 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 for the Supreme Court is willing even to hear the appeal? Low.
March 16th 2023 Update: with the bankruptcy stay having been fully lifted, the first new cases have been filed and transferred into the class action for talcum powder MDL in over one year. Seven new talc lawsuits have been added to the MDL during the month of March increasing the number of cases in the pending process up to 37,522.

February 25, 2023 Update: A Congressmen from Tennessee is now demanding that the U.S. Government Accountability Office (GAO) start an investigation into how much J&J product containing talc has cost the government over the many 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 spent on treating people who suffered injuries from exposure to the chemicals. The demand comes just weeks following J&J’s dramatic loss in the 3rd Circuit Court of Appeals.

Asbestos/class action. J&J needs to start making reasonable settlements to victims to to put all of this behind. It’s a mark on one of the most prestigious firms.

February 14 2023 Update: At a hearing today at the hearing in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention in light of the 3rd U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.

 

You May be Entitled to Significant Compensation Asbestos/class action. 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!

 

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