You May be Entitled to Significant Compensation Asbestos-free talc. Johnson & Johnson powders were proven to contain asbestos (a cancer causing agent) and the company failed to notify users of the cancer risk. $2 BILLION has already been awarded to claims. Free To File! No Fees Unless A Settlement Is Awarded!
J&J’s proposed talc settlement will be worth the sum of $400 million US state AGs. Asbestos-Free Talc .
Johnson & Johnson (JNJ.N) has set aside $400 million to address U.S. state consumer protection actions as part of its broad $8.9 billion settlement of claims that its Baby Powder and other talc ingredients cause cancer. Asbestos-free talc.
J&J subsidiary LTL Management filed a bankruptcy plan in New Jersey late on Monday which outlines how the company intends to pay for different types of cancer sufferers in an arrangement for bankruptcy. Asbestos-free talc. J&J has claimed 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 in bankruptcy and prevent new cases from arising in the future.
The bankruptcy plan of LTL would pay $400 million into a separate trust for claims brought in state courts by attorneys general alleging that J&J was in violation of states’ unfair practices and consumer protection laws through misleading consumers regarding the security of its talc-based products.
Several states had begun consumer protection lawsuits against J&J prior to the time that LTL’s bankruptcy filing prevented those investigations from moving forward in 2021. Asbestos-free talc. New Mexico and Mississippi had already filed suits against Johnson & Johnson before then, and the states of Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative demands or subpoenas in LTL’s court documents.
New Mexico and Mississippi have decided to declare LTL’s bankruptcy unfinished in a joint move with cancer victims as well as the U.S. Justice Department’s bankruptcy watchdog, who have argued that a profitable firm like J&J is not eligible for bankruptcy protections aimed at the struggling debtors.
The first attempt by LTL to resolve the bankruptcy lawsuits was rejected after the same arguments, when a U.S. appellate court ruled it was not LTL did not have “financial difficulty” and was not eligible under bankruptcy law. Asbestos-free talc. LTL made a new bankruptcy application less than two hours after the dismissal, saying that the second bankruptcy was different because it had less money available and more support for a settlement.
New Mexico and Mississippi said in their motion to dismiss that LTL’s renewed bankruptcy violates state law enforcement powers in attempting to unilaterally limit the liability of the company for state consumer protection measures.
Asbestos-Free Talc
The filings of LTL’s latest bankruptcy proceedings also include more information about the way in which the company will evaluate and settle cancer claims if the bankruptcy plan is approved.
The maximum amount under the settlement will be $500,000 for patients diagnosed with mesothelioma terminal prior to age 45. Asbestos-free talc. The second payment would be $260,000 for those diagnosed with cancer of the ovary before age 45.
From there, the proposed settlement offers discounts based on the kind and severity of cancer, an individual’s age, history of using talc and other factors. Asbestos-free talc. For instance, a woman who used the talc product on a regular basis, had an ovarian cancer family history, cancer and was diagnosed Stage II cancer of the ovary at the age of 55 could be in line to receive a payment of $21,125 under the settlement plan.
Judge ordains J&J and talc opponents take part in settlement talks.
Following another hearing in Johnson &Johnson’s attempt to use a Texas Two-Step bankruptcy strategy to resolve talc litigation and federal bankruptcy judge Michael Kaplan has ordered the company and those opposed to the move to conduct talks to reach a settlement, Bloomberg reports.
The second time it attempted to file for bankruptcy for LTL Management, a subsidiary set up by J&J to handle the claims company offered a settlement of $8.9 billion. Asbestos-free talc. While a firm representing plaintiffs support the settlement, a different group is opposed to the offer.
The previous week, the opposition group, dubbed”the Official Committee of Talc Claimants and urging the bankruptcy court to dismiss the case argument that LTL is not considered to be in financial distress.
“The filing is a desperate and legally ineffective attempt by a handful of law firms to try to prevent claimants from voting on the resolution plan, a plan the vast majority of claimants are in favor of,” J&J’s litigation chief Erik Haas, said in an announcement. Asbestos-free talc. “The law firms who filed this filing have financial interests that clash with, differ from and contravene those which their clientele. We’ll be submitting a response in the appeals court.”
Asbestos-free talc. Clay Thompson, a lawyer for MRHFM, which includes more than patients with mesothelioma who have filed lawsuits against J&J for bankruptcy, told the second bankruptcy attempt of J&J is likely to fail.
“J&J issues press releases that boast about how amazing its plan is, while requesting that details of the plan, such as what individual sick people would actually be treated to,” Thompson said in an announcement. “What is J&J’s plan to conceal?”
Kaplan has instructed both sides to come up with another reorganization plan, under supervision from two mediators.
On February 20, 2022 Kaplan affirmed the ability of J&J’s recourse to Chapter 11 to hasten a settlement that would release the company from the thousands of lawsuits regarding its talcum products.
But in January of this year, a federal appeals court overturned the verdict, ruling that the company could not be considered to be in “financial distress.”
After J&J’s make an appeal before the U.S. Supreme Court was dismissed the same month, J&J declared bankruptcy two hours after. In response, Kaplan froze the lawsuits for 60 days, allowing the company to decide whether to grant to file for bankruptcy again.
J&J’s unstoppable profit engine goes out of control after $6.9B the talc litigation cost.
In the Two Chapter 11 attempts, J&J has been able to buy 19 months in which cases were put in limbo. Asbestos-free talc. J&J wants the claimants to vote on accepting their settlement. J&J will require 75% of the vote in order for the agreement to be accepted.
In addition to the group of talc lawyers who criticised the company’s bankruptcy play in the U.S. Trustee, the U.S. Trustee which is a division belonging to the U.S. Department of Justice was also the one to file an application 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 are “open to honest, but naive debtors.” These doors “are not available to anyone that lack a legitimate bankruptcy reason or want to use the bankruptcy process 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 iconic baby powder, cause cancer. J&J has adopted the products of the market, first on North America in 2020–and the remainder of the globe later this year.
J&J intends to steer clear of the expense of going to trial. It has won the majority of cases that have been decided during trial, however, some losses have been severe.
A well-known trial in Missouri led to a $4.7 billion verdict against the drug maker, 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 talc trials that are either on appeal or have been decided. Out of 41 trials, 32 have resulted in a win by J&J either through a mistrial or plaintiff verdict that was reversed upon appeal. Asbestos-free talc. In addition, J&J has announced plans to settle over 1000 cases for $110 million. Bloomberg announced at that time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Asbestos-Free Talc
Our lawyers handle baby powder cases in all 50 states. The lawsuits involving talcum powder on behalf of Johnson & Johnson have been ongoing for many years. Asbestos-free talc. The lawsuits contend that the prolonged use of talcum powder (or “talc”), the active ingredient in many products, including baby Powder and Shower to Shower as well as other products, may cause ovarian cancer in certain women.
This page provides an J&J talc power litigation update and examines how the coming bankruptcy ruling will impact the final settlement amounts of these Ovarian Cancer lawsuits.
Has the deadline passed for you to file a talcum powder lawsuit? Many who believe that the time limit has expired to file a lawsuit against Johnson & Johnson are wrong. Call us now at 800-553-2082 or request a free and quick case review online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Asbestos-Free Talc
June 2 2023 Update: At an asbestos talc court trial held at the trial in California yesterday, some technical glitches interrupted the opening statement by the defense lawyers. Asbestos-free talc. Jurors who were watching from home on Zoom and hearing the Johnson &Johnson’s lawyer express doubt about the 70s research that claimed asbestos was present in their product before the proceedings abruptly ended.
The plaintiff could present the first of their witnesses, Arthur Langer. Langer explained that the occurrence of other minerals with talc is expected. He said that his team had notified J&J in the year 1971 of the presence of asbestos chrysotile in the company’s talc, albeit at lower than 0.1 percent. He also discovered more asbestos in the year 1976.
June 1, 2023 Update: Asbestos-free talc. A trial for the first time since J&J took the decision to disband its talc section and declaring bankruptcy is an important turning point in the ongoing talc lawsuit saga. The trial began on Tuesday in the heartbreaking case of a young 24-year-old plaintiff who was diagnosed with a rare and aggressive form of mesothelioma in the past year, an illness that lawyers on both sides acknowledge is a harrowing tragedy.
Opening statements laid bare sharp differences in the two sides’ narrative. The attorney for the plaintiff took aim towards Johnson & Johnson, alleging the use of deceitful techniques in its research practices and throughout the litigation procedure. In the words of attorney, the company attempted to manipulate the definition of asbestos despite internal documents dating back to 1978 and 1994 showing that asbestos fibers that were found in the 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 its unique challenges compared to other lawsuits involving talcum powder and a decision in favor of the plaintiff could result in a serious setback to J&J’s hopes for broad acceptance of their settlement proposal among plaintiffs.
May 31st, 2023: Update from Johnson and Johnson’s bankrupted talc unit has strongly defended the second Chapter 11 filing in the in the face of challenges from talc injury claimants. In an opposition filed with the New Jersey bankruptcy court, it argued that the situation was fundamentally different from the first filing. It also emphasized the unprecedented commitment to $8.9 billion from J&J the biggest settlement ever to be made in any bankruptcy case that involves mass tort. Asbestos-free talc. The issue is not discussed: whether this amount indicates that it is an equitable settlement. J&J also claimed that it received support from various plaintiffs’ law firms representing over 60,000 claimants. This is not easy to confirm however it is likely to be incorrect.
May 24 2023 Update: Following Johnson and Johnson’s bankruptcy filing in 2021 filing, the first trial involving its cosmetic talc items allegedly that contain asbestos is scheduled to start jury selection on Monday, California in Alameda County Superior Court, which is a well-known court for plaintiffs. Plaintiff claims that mesothelioma resulted from asbestos exposure in J&J’s product and that the company is denying. The trial also involves six retailers who are accused of selling talc-containing products.
May 22nd, 2023 Update: Lawyers involved in the 2nd J&J talc bankruptcy are battling over who should be appointed to the role of future claims representative, which is vitally essential in resolving the Talc claims. Asbestos-free talc. Randi Ellis, a lawyer who is frequently involved in MDLs throughout the United States was appointed the claims representative in the previous bankruptcy. J&J’s defense group wants Ellis to be appointed to this position yet again, but the lawyers for the talc plaintiffs are objecting to the claim that Ellis has a conflict of interest that would prevent her from holding that position once more. The dispute stems from fact that Ellis was believed to have been involved in drafting the controversially disputable second bankruptcy, raising doubts about her ability to be neutral. The reality is this bankruptcy will likely to be dismissed in the end.
May 17th, 2023 Update: The fake company J&J formed to handle the bankruptcy of talc informed an New Jersey bankruptcy court that they have designated $400 million as a settlement for allegations made by states who accuse the company of deceitful advertising regarding its talc products. Asbestos-free talc. So that makes it an $8.5 billion settlement to cancer victims. It’s hard to imagine an eventuality where J&J can push the settlements of baby powder through in these figures. While J&J’s proposed $8.5 billion offer sounds like a large sum initially, it may not look very appealing when you do the math. This settlement offer based on our estimates – will not offer victims anything more than a median settlement of $100,000 per case. That is not enough.
May 15th, 2023 Update: J&J could be facing lawsuit brought by an advocacy group that represents cancer victims. Asbestos-free talc. The group contends that J&J deliberately retracted an $61.5 billion funding agreement together with its parent company, LTL Management LLC, to create the appearance of financial hardship and confirm the unit’s Chapter 11 bankruptcy filing. The group claims this decision is equivalent to a fraudulent transfer of rights of victims’ compensation. They will investigate J&J’s actions in the wake of the denial of the first bankruptcy case of LTL.
May 10 2023 Update: Next week next week, next week, the U.S. Bankruptcy Court in New Jersey will hear oral arguments on a motion to reject the second bankruptcy filing by J&J subsidiary LTL Management. However, in the meantime, this bankruptcy court has issued an Order calling for both parties to take part in a new settlement negotiation hoping that the global settlement can be reached.
May 5th 2023 Update: Talc provider Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to many lawsuits claiming that its talc products caused cancer through asbestos exposure. Asbestos-free talc. More than 2700 people have filed lawsuits against the firm, and it was spending $1 million a month on legal defense. The company’s recent $29million settlement in South Carolina forced it to file for bankruptcy protection, arguing for a fair distribution of assets to talc claimants, rather than being taken over in the hands of the receiver. Other suppliers of talc have declared bankruptcy because of litigation.
May 4, 2023, Update U.S. bankruptcy judge Michael Kaplan has directed Johnson & Johnson to reopen talks on settlement with lawyers who turned down the company’s $8.9 billion settlement offer. The court in Trenton, New Jersey yesterday the parties gathered in court to discuss next steps to take in the second bankruptcy case and Judge Kaplan was pushing for more settlement discussions.
This is the way to settle these claims with J&J. A baby powder settlement can get done. Asbestos-free talc. But it will require more money, more billions of dollars – by Johnson & Johnson.
Lawyers are divided over whether to accept the proposal and not every client views the issue in the same manner their lawyer does. A second bankruptcy proceeding is likely to go nowhere the judge Kaplan has set a date for a hearing in June to determine if she 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 for J&J’s Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it is a bid to stop litigation over talc products. The group representing claimants for talc made a motion Tuesday requesting that the Third Circuit to consider their case and then send it back before a court of lower jurisdiction, with instructions for dismissing the bankruptcy. Asbestos-free talc. They also requested that the stopped tort litigation against J&J be allowed to proceed.
LTL applied for Chapter 11 protection once again after its first bankruptcy filing was denied by the Third Circuit earlier this year with a $8.9 billion agreement. The committee says that the recent ruling allowing LTL’s 2nd Chapter 11 to continue, in addition to halting trials against J&J, warrants the immediate Third Circuit review. The US Trustee also asked that the New Jersey bankruptcy court dismiss the LTL bankruptcy case. J&J’s vice president for global litigation Erik Haas, was quoted by Bloomberg declaring that J&J plans to file a reply in the appeals court calling the request a “desperate and legally flawed effort” by a handful of law firms that have conflicting financial interests.
May 1 2023 Update: One most frequently asked question is how could plaintiffs and their attorneys turn around $8.9 billion. Of course, that’s an immense amount of money. However, there are lots of victims. Asbestos-free talc. They are a great claims for plaintiffs. We have been reminded of this recently in two talc trials which ended in large verdicts for the plaintiffs. In February the mesothelioma case involving talcum powder trial in Oregon led to an award worth $18.1 million. In the same month, a different mesothelioma trial involving talc was held for the court at South Carolina and resulted in the verdict of $29 million in favor of plaintiff. In both instances, the defendant was Whittaker, Clark & Daniels Inc. one of the top producers of talc in the U.S.
April 30th, 2023 Update: When J&J initially tried to take the talcum powder lawsuit into bankruptcy, they came with an offer to set aside $2 billion to settle the case. The sum was ridiculously low. There was no one among the talc victims who believed in the offer. 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 backing of a significant section of the talc victims and their lawyers. Asbestos-free talc. But with 75% of talc plaintiffs, which is necessary for bankruptcy plan approval is a difficult road because of the number of lawyers who have huge stocks of baby powder litigations opposed in favor of the deal.
What is the solution to this impasse? More billions.
April 25, 2023 Update: Talc patients have demanded a judge disqualify their Chapter 11 case filed by LTL Management LLC, a absurdly-made-up Johnson & Johnson subsidiary, declaring that the company isn’t financially troubled. LTL has filed for Chapter 11 to settle tens of thousands of claims that J&J’s baby-powders caused cancer. Asbestos-free talc. The 3rd Circuit dismissed its first Chapter 11 case in January The court ruled that the company was not eligible to receive bankruptcy relief because it failed to show financial difficulties.
The plaintiffs argue that the 2nd Chapter 11 case is an abuse of the bankruptcy system, and that it’s being pursued in bad good faith. J&J says the bankruptcy settlement has “significant support” from the firms that represent about 60,000 potential plaintiffs. It is fair to say that plaintiffs’ lawyers and victims ‘ lawyers are not united over their disagreement over the $8.9 billion offer for settlement.
April 21st, 2023 Update: A bankruptcy judge 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 talc lawsuits are paused for a minimum period of 60 days and new lawsuits are able to be filed, and lawyers may begin to prepare their cases. Asbestos-free talc. Judges expressed skepticism about J&J’s pathetic attempt to revive its plan with a second bankruptcy trial.
April 13 2023: Update on the big story is that there’s an $8.9 billion over the course of 25 years of settlement. Lawyers representing cancer patients involved in MDL class action MDL group action vowed to fight the settlement alongside talc claimants. Why? They argue that it’s too little money for the 70,000 victims who have cancer. Asbestos-free talc. The lawyers say that J&J should seek a bigger settlement or settle individual claims if the latest bankruptcy is dismissed.
However, there is a second set of lawyers who are not part of the leadership group in this class action. These lawyers have amassed the equivalent of tens of thousands of lawsuits. The group is seeking to settle today with what they believe is far less than what these victims deserve. Their argument appears to be two-fold. First, they argue that the settlement – about 100,000 dollars per plaintiff is fair.
It’s a difficult argument to argue. The second argument is more teeth: victims can be no longer patient and demand the money immediately.
April 12 2023 Update: People are wondering if J&J can go through bankruptcy once more. The answer is complicated and complex. Let’s try to clarify it simply.
Johnson & Johnson asserts that bankruptcy is the only way to address both present and future talc-related lawsuits definitively. Also, it believes that it will be less expensive should there be a bankruptcy element that creates pressure to negotiate a settlement. Asbestos-free talc. Going back to 400 years of American history, the company asserts that bankruptcy benefits all parties by distributing settlements more equally and effectively than trial courts, which are where litigants get significant payouts, while others are left with nothing.
The main thrust in this 3rd Circuit decision was this is not a case of a profitable company making an entity to assume the legal responsibility and declare bankruptcy, which is what Congress thought of when drafting its Bankruptcy Code. But it also said that the entity was financially crisis due to the fact that J&J assured it of unlimited funding.
Then J&J jumped on the unlimited funding aspect of the contract and didn’t make any promises to fund unlimited the litigation. The company claims that its revised financing arrangements with its subsidiary address concerns of the appeals court while offering claim payment funds. As if offering victims less money will solve the problem at hand.
Attorneys representing cancer victims who do not agree with the agreement counter this argument by saying that it is the legal argument. Asbestos-free talc. They counter with legal absurdity: J&J fraudulently transferred $50 billion of assets away from LTL Management to circumvent the appeals court’s previous decision. Hyperbole did not go unnoticed by the victims’ lawyers, who call this the biggest “fraudulent deal of assets in United States history.”
Notwithstanding the legal mumbo jumbo, J&J does not really think this bankruptcy will survive. It is however a method to push for this $8.9 billion settlement to keep pressure on plaintiffs.
April 10, 2023 Update Bloomberg provides an insightful report on a brand new law within New Jersey that is shedding new light on the funding of litigation in the plaintiffs in the class action. Funders of litigation Virage Capital Management and TRGP Capital invested in hundreds of claims in the case of Johnson & Johnson (J&J) on behalf of talc products. They exchanged for a share of any winnings. J&J has now offered that it will pay $8.9 billion in settlements for all lawsuits.
The funders’ involvement is made public because of the New Jersey court rule requiring the disclosure of certain information about outside funding backers. This rule is intended to address the growing calls for the regulation of lawsuit funders. J&J faces over 60,000 claims when you combine federal and state Baby Powder lawsuits. Third-party funding of mass tort cases has both pros and cons. However, there is no doubt that we are seeing the ways that third-party funding can even the playing field between people and big corporations in court.
April 4 2023 Update: It’s enjoyable to see the worm turn in this lawsuit. J&J took another hit this week, when it was found that the Third Circuit denied J&J’s request to maintain the automatic stay during the time that J&J appeals a bankruptcy decision before the U.S. Supreme Court. Automatic stays have froze the cases of talcum powder in a number of years and prevented new lawsuits from getting filed ever since J&J began the controversial plan to spin talc-related liabilities off into a bankrupt company over one year in the past. Asbestos-free talc. After it was decided that the 3rd Circuit ruled that this bankruptcy was invalid some months ago, the stay was lifted. J&J was hoping to have it continue in the meantime of an appeal to the SCOTUS appeal. But, 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 likelihood that the Supreme Court is willing even to consider the appeal? Low.
March 16th, 2023 Update: with the bankruptcy stay having been officially lifted, the first new cases were filed and incorporated into the class action for talcum powder MDL in over one year. Seven new talc-related lawsuits were brought into the MDL over the last month which brings the total number of pending cases up to 37,522.
February 25 2023 Update This morning, a Congressmen from Tennessee is now requesting that be the U.S. Government Accountability Office (GAO) begin an investigation into the cost J&J Talc products have cost the government in the decades.
A recent email to the GAO, Rep. Steven Cohen (D-Ten.) claimed that J&J of not recognizing the risks of its talc product for long while tax dollars spent treating those injured by exposure to the products. This lawsuit comes a few weeks after J&J’s loss to the 3rd Circuit Court of Appeals.
Asbestos-free talc. J&J has to begin making reasonable settlement proposals for victims in order to put all of this behind it. It’s a mark on one of the world’s greatest firms.
February 14 2023 Update: In an earlier hearing 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-free talc. 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!
