Is Asbestos Free Talc Safe – Are You Eligible To File A Talc Lawsuit?

You May be Entitled to Significant Compensation Is asbestos free talc safe. 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 provide 400 million dollars to US state AGs. Is Asbestos Free Talc Safe .

Johnson & Johnson (JNJ.N) has put aside $400 million to address U.S. state consumer protection actions as part of its broader $8.9 billion deal to settle allegations that its Baby Powder and other talc items cause cancer. Is asbestos free talc safe.

J&J affiliate LTL Management filed a bankruptcy plan in New Jersey late on Monday that outlines how the firm intends to pay different types of cancer sufferers in a bankruptcy settlement. Is asbestos free talc safe. J&J has declared that its products containing talc are safe and do not cause cancer. J&J is seeking a second time to resolve more than 38,000 cases in bankruptcy and stop new cases 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 did not comply with the state’s unfair commercial practices and consumer protection laws by misinforming consumers about the dangers of its talc products.

A number of states had already initiated consumer protection actions against J&J before LTL’s first bankruptcy filing stopped these investigations from proceeding in 2021. Is asbestos free talc safe. New Mexico and Mississippi had already initiated actions in the past against 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 filings.

 

 

New Mexico and Mississippi have filed a petition to end LTL’s bankruptcy in a joint move with cancer victims and the U.S. Justice Department’s bankruptcy watchdog, who have argued that a profitable company such as J&J cannot benefit from bankruptcy protections aimed at people with debt problems.
The first attempt by LTL to resolve the bankruptcy-related lawsuits was dismissed following similar arguments, when a U.S. appellate court determined that LTL wasn’t in “financial trouble” and thus not eligible under bankruptcy law. Is asbestos free talc safe. LTL declared bankruptcy a second time within two hours of the dismissal, arguing the second bankruptcy was different due to the fact that it was able to borrow less and had a greater chance of securing the possibility of settling.

New Mexico and Mississippi said in their motion for dismissal that LTL’s bankruptcy renewal violates state law enforcement powers by attempting unilaterally to cap the liability of the company for state consumer protection actions.

 

Is Asbestos Free Talc Safe

LTL’s new filings also included more information about how the company plans to evaluate and pay for cancer claims when the bankruptcy plan is approved.

The highest payments under the settlement will be $500,000 for patients diagnosed with mesothelioma that is terminal before age 45, and $260,000 for those who have been diagnosed with cancer of the ovary before age 45.

The proposed settlement provides discounts based on the type and severity of cancer, the patient’s age, history of talc use and other factors. Is asbestos free talc safe. For example an individual who was using talc products weekly, had the family history of ovarian cancer, and was diagnosed with stage II ovarian cancer at age 55 may qualify for a $21,125 payment under the plan.

Judge decides J&J, talc opponents to engage in settlement talks.

Following another hearing in Johnson & Johnson’s attempt to utilize a Texas Two-Step bankruptcy strategy for talc litigation, federal bankruptcy Judge Michael Kaplan has ordered the company and those opposing 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 founded by J&J to settle claims – the company proposed a settlement of $8.9 billion. Is asbestos free talc safe. While a group of law firms representing plaintiffs support the offer, another group opposes the move.

In the last week, an opposition group, called”the Official Committee of Talc Claimants requested the bankruptcy court for dismissal of the matter by argument that LTL can not be considered in financial hardship.

“The filing is an unjust and legally flawed attempt by a small number of law firms to stop claimants from deciding on the resolution, which the vast majority of claimants approve of,” J&J’s litigation chief Erik Haas, said in an announcement. Is asbestos free talc safe. “The law firms that are behind their filing are financially oriented and have conflicts that clash with, differ from and oppose the interests of their clients. We’ll submit an answer in the appeals court.”

Is asbestos free talc safe. Clay Thompson, a lawyer for MRHFM who is home to more than patients with mesothelioma who have filed lawsuits against J&J, said that J&J’s second bankruptcy attempt will fail.

“J&J publishes press release that boast about how amazing its plans are, but is demanding that plan details–including what individual sick people would actually receive,” Thompson said in an announcement. “What is J&J’s plan to keep secret?”

 

 

Kaplan has instructed both sides to devise a second arrangement plan under the supervision from two mediators.

The court in February of 2022 Kaplan stated that J&J’s use of Chapter 11 to hasten a settlement that would free the company from the thousands of lawsuits over its talcum products.

However, in the month of January, a federal appeals court overturned the decision, deciding that the business could not be considered in “financial trouble.”

The J&J’s plan to make an appeal before the U.S. Supreme Court was dismissed the same month, J&J applied for its first bankruptcy two hours later. In response to that move, Kaplan froze the lawsuits for 60 days to decide whether or not to accept another bankruptcy.

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

With Two Chapter 11 attempts, J&J has gotten 19 months of which cases were placed held. Is asbestos free talc safe. The company would like claimants to vote on accepting their settlement. J&J will require 75% approval for the deal to go through.

Alongside the group of talc attorneys who have panned LTL’s bankruptcy plan as well, the U.S. Trustee, a branch belonging to the U.S. Department of Justice is also submitting motions to dismiss LTL’s bankruptcy second case.

In a statement this week, U.S. Trustee Andrew R. Vara wrote that the bankruptcy are “open to honest, but naive debtors.” The doors “are not open to parties that don’t have a legitimate bankruptcy purpose or that seek to take advantage of the bankruptcy process to hinder or delay their creditors.” Vara continued.

On the other hand, J&J maintains there is no conclusive evidence that its talc products, including its famous baby powder, cause cancer. J&J has taken its products off of the market first on North America in 2020–and the remainder of the globe later this year.

J&J wants to avoid the expense of going to court. J&J has won the majority of cases decided during trial, however, some losses have been very harsh.
A highly publicized trial in Missouri ended in a $4.7 billion verdict against the drugmaker and was later lowered to $2.1 billion after appeals.

Johnson & Johnson faces high-stakes hearing over ‘Texas Two Step’ talc strategy: report
In all, J&J has lost nine cases involving talc, which are in appeal or concluded. Out of 41 trials, 32 have resulted in the favor of J&J, a mistrial or verdict for a plaintiff that was reversed in appeal. Is asbestos free talc safe. Additionally, the company in 2020 moved to settle more than 1,000 cases worth 100 million dollars, Bloomberg published at the time.

 

Talcum Baby Powder Ovarian Cancer Lawsuit – Is Asbestos Free Talc Safe

Our lawyers handle baby powder lawsuits in every state. The talcum powder lawsuits against Johnson & Johnson have been ongoing for years. Is asbestos free talc safe. The lawsuits contend that the prolonged use of talcum powder (or “talc”), the active ingredient in many products, including Baby Powder or Shower to Shower and Shower to Shower, could cause ovarian cancer in certain women.

This article provides the J&J Talc Power Update and examines how the coming bankruptcy ruling impacts the ultimate settlement amounts of the ovarian cancer lawsuits.

Has the deadline passed for you to bring a talcum lawsuit? Many who assume the deadline has passed to sue Johnson & Johnson are wrong. Call us at 800-553-882 or get a free and quick review of your case online.

 

Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Is Asbestos Free Talc Safe

June 2 2023 Update: At the asbestos talc case at the trial in California yesterday, a couple of technical issues halted the opening statements of the defense attorneys. Is asbestos free talc safe. Jurors who were watching from their homes via Zoom and hearing the Johnson & Johnson’s lawyer expressing doubt about the 70s research affirming the presence of asbestos in their product before the opening was abruptly ended.

The plaintiff had the opportunity to present its first expert witness Arthur Langer. Langer stated that the presence of additional minerals along with the talc’s mineral content is inevitable. He claimed that his group had notified J&J in 1971 about the presence of chrysotile asbestos in the talc manufactured by the company, though with just 0.1 percent. He also uncovered more asbestos in the year 1976.

June 1st, 2023 Update: Is asbestos free talc safe. A trial for the first time since J&J took the decision to disband its Talc section and declaring bankruptcy is an important point in the ongoing talc lawsuit controversy. Trial started on Monday in the tragic case of a young 24 year-old plaintiff, diagnosed with an aggressive and rare form of mesothelioma last year, an illness that lawyers on both sides of the argument agree is a harrowing tragedy.

Opening statements laid bare stark differences in each side’s story. The attorney for the plaintiff took aim on Johnson & Johnson, alleging the use of misleading strategies in its research practices as well as throughout the litigation process. According to the attorney, the company attempted to manipulate asbestos’ definition, despite internal documents from 1978 and 1994 showing that asbestos fibers found in tissues of the plaintiff are part of.

Johnson & Johnson’s precarious $8.9 billion settlement deal hangs in the balance as we course of this trial. Despite the unique nature of this mesothelioma-related case and its unique challenges compared to most talcum powder lawsuits A verdict in favor of the plaintiff could result in the company with a major setback in its expectations of widespread acceptance of their settlement proposal among plaintiffs.

May 31 2023 Update: Johnson and Johnson’s bankrupt talc division was able to defend their Second Chapter 11 filing in the facing challenges from injured talc claimants. In an opposition filed with the New Jersey bankruptcy court, the company argued that the situation was distinct from the prior filing. It emphasized the unprecedented commitment to $8.9 billion from J&J which is the largest settlement ever in the history of a mass tort bankruptcy. Is asbestos free talc safe. There was no mention of how the size of the settlement indicates that it is an equitable settlement. J&J also claimed that it received support from a variety of plaintiffs’ law firms representing more than sixty thousand claimants. This is not easy to confirm but it’s likely to be false.

May 24 2023 Update: In the wake of Johnson &J Johnson’s bankruptcy filing, the very first trial involving its cosmetic talc products that are believed to with asbestos content is scheduled to start jury selection Monday, May 24, California at Alameda County Superior Court, the most favored location for plaintiffs. The plaintiff asserts that his mesothelioma resulted from asbestos exposure in J&J’s product and the company is denying. The trial also includes six retailers who are accused of selling talc-containing products.

May 22nd, 2023 Update: Lawyers involved in the 2nd J&J talc bankruptcy are now fighting over who should be appointed to the position of the future claims representative, an important role essential in resolving the Talc claims. Is asbestos free talc safe. Randi Ellis, a lawyer who frequently appears in MDLs all over the nation, was appointed as the claims representative in the first bankruptcy. J&J’s defense attorneys want Ellis to be appointed in that position in the future, however lawyers representing the talc plaintiffs are protesting to the claim that Ellis has an unrelated conflict of interest which should stop her from holding that position once more. The issue stems from the issue that Ellis was believed to have been involved in drafting the controversially litigated second bankruptcy, which raises questions about her capability to remain neutral. The reality is this bankruptcy will likely to be dismissed regardless.

May 17, 2023 Update: The fake company J&J formed for the talc bankruptcy informed the New Jersey bankruptcy court that they have designated $400 million to settle claims of states that accuse the company of misleading advertising for its talc products. Is asbestos free talc safe. That’s an $8.5 billion settlement to cancer victims. It’s difficult to imagine any scenario in which J&J can push the baby powder settlements with these numbers. While J&J’s proposed $8.5 billion offer sounds like a large sum at first, it does not look good when you do the math. This settlement offer based on our rough calculations – would not offer victims anything more than an average settlement $100,000 per case. That is not enough.

May 15th, 2023 Update J&J could be facing lawsuit brought by an advocacy group representing cancer victims. Is asbestos free talc safe. The group claims J&J deliberately withdrew an $61.5 billion fund-raising agreement with its subsidiary, LTL Management LLC, in order to create a false sense of financial distress and validate the unit’s Chapter 11 bankruptcy filing. The group argues that this act is equivalent to a fraudulent transfer of rights of victims’ compensation. They will investigate J&J’s actions after the announcement of the dismissal of the LTL’s bankruptcy case in its first instance.

May 10 2023 Update: The following week this week, next week, the U.S. Bankruptcy Court in New Jersey will hear oral arguments on a petition to reject the second bankruptcy filing from J&J LTL Management, J&J’s subsidiary. LTL Management. In the meantime, however the bankruptcy has issued an Order which requires both sides to take part in a new settlement mediation hoping that it will be possible to reach a global settlement agreement brokered.

May 5 2023 Update: Talc supplier Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to numerous lawsuits alleging that its Talc products caused cancer through asbestos exposure. Is asbestos free talc safe. Over 2700 people have sued the company and it is paying $1 million per month on legal defense. The company’s recent $29million settlement that was handed down in South Carolina forced it to file for bankruptcy protection, arguing for equitable distribution of assets between 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. Court of Bankruptcy Michael Kaplan has directed Johnson & Johnson to resume negotiations with lawyers who rebuffed the company’s proposed $8.9 billion deal. The court in Trenton, New Jersey yesterday the parties gathered in court to discuss the next steps to take in the second bankruptcy case and Judge Kaplan pushed more settlement talks.

This is the answer to resolve the claims of J&J. A baby powder settlement could be made. Is asbestos free talc safe. But it’ll need more money, more billions of dollars by Johnson & Johnson.

Lawyers are divided over whether or not to accept the plan and not every client views this issue the same way their attorney does. A second bankruptcy proceeding is likely to fail the judge Kaplan has set a date for a hearing in June to determine whether to discharge the bankruptcy for the 2nd time.

May 3, 2023 Update A group of cancer victims suing Johnson & Johnson (J&J) asked that the 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 of talc claimants made a motion Tuesday requesting for the Third Circuit to consider their case and then send it back an earlier court, with instructions for dismissing the bankruptcy. Is asbestos free talc safe. They also requested that the lawsuit against the halted torts of J&J should be permitted to proceed.
LTL applied for Chapter 11 protection once again after its first bankruptcy filing was rejected in the Third Circuit earlier this year with an $8.9 billion payment. The committee argues that the recent ruling, which allows the second Chapter 11 to continue, while also halting trials against J&J, warrants urgent Third Circuit review. The US Trustee also asked that the New Jersey bankruptcy court dismiss the LTL bankruptcy case. J&J’s global vice president of litigation, Erik Haas, was quoted by Bloomberg as saying that J&J plans to file a statement in the appeals court calling the request an “desperate and legally deficient effort” by a handful of law firms that have different financial interests.
May 1st, 2023 Update: One common question that people ask is how could plaintiffs and their attorneys turn on $8.9 billion. Of course, that is an enormous amount of money. But there are a lot of victims. Is asbestos free talc safe. They are a great claims for plaintiffs. We were reminded of this last week when two talc cases have resulted in huge verdicts for plaintiffs. In February the mesothelioma case involving talcum powder trial in Oregon ended in an award in the amount of $18.1 million. A month later, another talc mesothelioma case went to hearing in South Carolina and resulted in a verdict of $29million in favor of plaintiff. The defendant in both cases was Whittaker, Clark & Daniels Inc. One of the most prominent suppliers of talc within the U.S.
April 30th 2023 Update: J&J first attempted to drag the talcum powder lawsuit into bankruptcy, it did so with the option of putting aside $2 billion for settlements. The amount was absurdly low. There was no one among the talc victims who were in favor of it. This time around, however, J&J has increased the offer to $8.9 if the talc plaintiffs agree to a bankruptcy settlement and also has the support of a large part of the talc-related plaintiffs as well as their lawyers. Is asbestos free talc safe. However, 75% of plaintiffs in the talc category, which is required to approve bankruptcy plans is a difficult road since there are so many lawyers with massive inventories of baby powder lawsuits that are opposed towards the agreement.

What could solve the impasse? More billions.
April 25 2023 Update: Talc plaintiffs have demanded a judge disqualify their Chapter 11 case filed by LTL Management LLC, a absurdly fabricated Johnson & Johnson subsidiary, declaring that the company isn’t financially distressed. LTL applied for Chapter 11 to settle tens of thousands of claims that J&J’s baby-powders caused cancer. Is asbestos free talc safe. It was the 3rd Circuit dismissed its first Chapter 11 case in January, saying the company was not eligible to receive bankruptcy relief because it failed to show financial trouble.

The plaintiffs argue that the Second Chapter 11 case is an fraud on the bankruptcy system and it is being pursued in bad faith. J&J claims the bankruptcy settlement is backed by “significant backing” from companies representing around 60,000 claimants. It is fair to say that the plaintiffs’ attorneys and the victims are split over this $8.9 billion amount of settlement offered.

April 21st, 2023 Update: A bankruptcy judge has ruled in favor of Johnson & Johnson must face new lawsuits claiming that the company sold baby powder that was contaminated and causing cancer. While trials in the lawsuits involving talc are delayed for a minimum period of 60 days but new lawsuits can be filed and lawyers can begin preparing their cases. Is asbestos free talc safe. The judge expressed his doubts about J&J’s pathetic attempt to revive its plan with another bankruptcy case.

April 13th 2023 Update: The most important update is about the $8.9 billion over 25 years offer for settlement. Lawyers representing cancer patients within the MDL group action pledged to challenge the settlement talc claimants. Why? They feel it’s not enough for 70,000 victims who have cancer. Is asbestos free talc safe. They argue that J&J should seek a bigger settlement or settle individuals’ claims if the current bankruptcy is dismissed.

There is a different group of lawyers outside of the leadership group in the class action. They have amassed many thousands of cases. They want to settle for what is believed to be far less than what these victims deserve. The argument they make is two-fold. They argue that the settlement, which is about 100 million dollars on average per plaintiff – is fair.

This is an argument that is difficult to prove. However, their second argument has more force: victims should no longer wait and want their money now.

April 12, 2023 Update: People are looking for ways J&J could file for bankruptcy once more. The answer is complex and convoluted. But let’s try to explain it clearly.
Johnson & Johnson asserts that bankruptcy is the only option to resolve both current and future talc litigations in a definitive manner. Also, it thinks it can get a lower rate when there is an element of bankruptcy that puts pressure for a settlement. Is asbestos free talc safe. Driving past more than 400 years in American past, the company believes that bankruptcy is beneficial to everyone by dispersing 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 one that makes a profit, but an entity to assume the legal liability and declare bankruptcy, which is what Congress thought of when drafting its Bankruptcy Code. It also clarified the company was financially distress due to the fact that J&J promised unlimited funding.
This is why J&J did not hesitate to take advantage of the unlimited funding aspect of the holding and did not promise that it would provide unlimited funds for cases. The company claims that its modified financing arrangements with its subsidiary addresses the appeals court’s concerns while still supplying funds for claim payments. As if providing victims with less money would solve the overall issue.

Attorneys representing cancer patients who oppose the deal counter this by arguing that the plaintiff is a defense against legal nonsense by pointing out legal nonsense: J&J fraudulently transferred $50 billion of assets away from LTL Management to circumvent the appeals court’s ruling. The hyperbole wasn’t spared the lawyers representing victims call it the biggest “fraudulent move in United States history.”

Despite all the legal jargon, J&J does not really think that the bankruptcy will endure. But it is a way to try and push the $8.9 billion settlement through and maintain pressure on plaintiffs.

April 10, 2023 update: Bloomberg offers an informative article about a new law that has been passed in New Jersey that is shedding new light on the funding of litigation in the suit for class actions. The funders who fund litigation Virage Capital Management and TRGP Capital invested in hundreds of lawsuits in the case of Johnson & Johnson (J&J) regarding talc products, in exchange for a share of any profits. J&J is now offering that it will pay $8.9 billion to settle any lawsuits.

The involvement of funders is public knowledge due to an New Jersey court rule requiring the release of certain details regarding outside funding backers. This rule is intended to address the growing calls for the regulation of lawsuit funders. J&J has to deal with more than 60,000 lawsuits when you take into account federal and state Baby Powder lawsuits. Third-party funding in mass tort claims has both pros and pros and. But there is no question that we are seeing how third-party funding can level the playing field between individual and big corporations in court.

April 4, 2023 Update: It’s enjoyable to see the worm turning in this litigation. J&J took another hit this week, when an appeals court in the Third Circuit denied J&J’s request to maintain the automatic stay during the time that J&J appeals an appeal before the U.S. Supreme Court. It has froze hundreds of cases involving talcum powder and stopped the filing of new lawsuits ever since J&J started the controversial process to spin the talc debts into a bankrupt subsidiary over a year earlier. Is asbestos free talc safe. When the 3rd Circuit ruled that this bankruptcy was not legal just a few months ago the stay was removed. J&J wanted to see it remain in effect until 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. The chance the Supreme Court is willing even to consider the appeal? Low.
March 16th, 2023 Update: with the bankruptcy stay having been officially lifted, the very first new cases were filed and incorporated into the Talcum Powder class action MDL in over one year. Seven new talc-related lawsuits were joined to the MDL in the last month, bringing the total number of cases in the pending process up to 37,522.

February 25 2023 Update: A Congressmen from Tennessee is now requesting that be the U.S. Government Accountability Office (GAO) launch an investigation to determine how much J&J product containing talc has cost the government in the decades.
in a letter addressed to the GAO, Rep. Steven Cohen (D-Ten.) has accused J&J of ignoring the dangers of its talc products over years while tax dollars were spent treating those injured by exposure to the product. The demand comes just weeks after J&J’s major loss in the 3rd Circuit Court of Appeals.

Is asbestos free talc safe. J&J must begin making fair settlement offers to victims to getting this behind. This is a blemish on one of the top companies.

February 14 , 2023 Update: At an appearance 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 Is asbestos free talc safe. 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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