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

You May be Entitled to Significant Compensation Talc 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 will make payments of $400 million to US state AGs. Talc Class Action .

Johnson & Johnson (JNJ.N) has set aside $400 million to address U.S. state consumer protection actions as part of a broader $8.9 billion deal to settle claims that its Baby Powder and other talc items cause cancer. Talc class action.

J&J affiliate LTL Management filed a bankruptcy plan in New Jersey late on Monday that details how the company will pay various types of cancer victims in a bankruptcy settlement. Talc class action. J&J has said that its Talc products are safe, and won’t cause cancer. It is attempting for the second time to end more than 38,000 lawsuits brought in bankruptcy and prevent new cases from coming forward in the future.
LTL’s bankruptcy plan will pay $400 million to a separate trust for claims brought by state attorneys general claiming that J&J violated laws against unfair business practices in the State of New York as well as consumer protection laws by misinforming consumers regarding the quality of its talc products.

Several states had begun consumer protection lawsuits against J&J prior to the time that LTL’s bankruptcy filing prevented those investigations from progressing in 2021. Talc class action. New Mexico and Mississippi had already initiated suit against Johnson & Johnson before then and states like Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative requests or subpoenas according to court documents.

 

 

New Mexico and Mississippi have moved to dismiss LTL’s bankruptcy, joining cancer victims as well as their counterparts from the U.S. Justice Department’s watchdog on bankruptcy, who argue that a profit-making firm like J&J does not qualify for bankruptcy protections aimed at people with debt problems.
The first attempt by LTL to resolve the lawsuits in bankruptcy was dismissed after similar arguments. In the end, a U.S. appellate court determined in favor of LTL had not been in “financial difficulty” and was not eligible for bankruptcy protection. Talc class action. LTL had filed for bankruptcy again just over two hours after the dismissal, saying that its second attempt was different due to the fact that it was able to borrow less and more support for a settlement.

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

 

Talc Class Action

LTL’s recent filings also provided more information on the way in which the company will evaluate and pay for cancer claims should the bankruptcy plan be approved.

The most significant payments under the settlement will be $500,000 for people diagnosed with mesothelioma that is terminal before the age of 45, and $260,000 for those diagnosed with terminal ovarian cancer before age 45.

From there, the proposed settlement will offer discounts based on the nature and severity of cancer, the patient’s age, history of usage of talc and other variables. Talc class action. For example the case of a woman who used daily talc products, had a family history of ovarian cancer and was diagnosed with the stage 2 ovarian cancer at age 55 might qualify to receive a payout of $21,125 under the plan.

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

Following another round of hearings in Johnson & Johnson’s attempt to employ a Texas Two Step bankruptcy strategy to settle talc lawsuits, federal bankruptcy Judge Michael Kaplan has ordered the firm and the people who opposed the plan to hold negotiations to settle the matter, Bloomberg reports.

In its second bankruptcy effort for LTL Management, a subsidiary created by J&J to settle claims – the company offered a settlement amounting to $8.9 billion. Talc class action. While one group of law firms representing plaintiffs support the offer, another group is against the settlement.

Earlier this week, the opposition group, dubbed the Official Committee of Talc Claimants requested the bankruptcy court to dismiss the case saying that LTL is not considered to be financially distressed.

“The filing is an incredibly legal and ineffective attempt by a few of law firms to prevent claimants from voting on the resolution plan–a plan the vast and growing majority of claimants approve of,” J&J’s litigation chief Erik Haas, said in a statement. Talc class action. “The law firms that are behind their filing are financially oriented and have conflicts that clash with, contradict and oppose the interests of their clients. We will be submitting an appeal to the appellate court.”

Talc class action. Clay Thompson, a lawyer for MRHFM which is home to more than mesothelioma clients who have filed lawsuits against J&J claimed that the company’s second bankruptcy try will fail.

“J&J issue press releases about how wonderful its plans are, but is demanding that plan details–including what individuals with illnesses would receive–be kept secret,” Thompson said in an announcement. “What does the company have to keep secret?”

 

 

Kaplan has directed the parties to devise a second strategy for reorganization, under supervision of two mediators.

The court in February of 2022 Kaplan stated that J&J’s recourse to Chapter 11 to hasten a settlement that will free J&J from the tens of thousands of claims regarding its talcum products.

In January of this year a federal appeals court ruled against the verdict, ruling that the company could not be considered in “financial financial distress.”

The J&J’s plan to appeal to the U.S. Supreme Court was dismissed in April, J&J applied for its first bankruptcy about two hours later. In response to that move, Kaplan froze the lawsuits for 60 days to decide whether to grant another bankruptcy.

J&J’s unstoppable profit engine goes out of control after $6.9B the talc litigation cost.

With the 2 Chapter 11 attempts, J&J has been able to buy 19 months in which cases have been in limbo. Talc class action. J&J wants the claimants to accept their settlement. J&J would need 75% approval for the deal to go through.

In addition to the team of talc attorneys who have panned the bankruptcy of the company, the U.S. Trustee, an arm belonging to the U.S. Department of Justice was also the one to file motions to dismiss LTL’s second bankruptcy.

In a recent filing, U.S. trustee Andrew R. Vara wrote that the doors of the bankruptcy court remain “open to honest but unfortunate debtors.” Those doors “are not open to parties that lack a legitimate bankruptcy goal or who seek to take advantage of the bankruptcy process to delay or hinder their creditors,” Vara continued.

To its credit, J&J maintains there is no evidence conclusive that its Talc products, which includes its famous baby powder, cause cancer. J&J has taken the products of the market, first for North America in 2020–and the rest of the world next year.

J&J intends to steer clear of the costly business of going to court. It has won most of the cases that were decided in court, however some losses have been very severe.
A highly-publicized trial in Missouri led to an $4.7 billion verdict against the drugmaker, 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. In 41 trials 32 of them ended in winning for J&J either through a mistrial or plaintiff verdicts that were annulled upon appeal. Talc class action. The company also has announced plans to settle nearly 1000 cases at a cost of $100 million, Bloomberg stated at the time.

 

Talcum Baby Powder Ovarian Cancer Lawsuit – Talc Class Action

Our lawyers are handling baby powder cases in every state. The lawsuits involving talcum powder on behalf of Johnson & Johnson have been in the process for several years. Talc class action. The lawsuits contend that the prolonged use of talcum powder (or “talc”), the active ingredient in products such as Baby Powder or Shower to Shower as well as other products, may cause ovarian cancer among some women.

This page gives a J&J Talc Power litigation update and examines how the coming bankruptcy ruling impacts the ultimate settlement amount of these ovarian cancer lawsuits.

Has the deadline passed for you to bring a talcum lawsuit? Many who believe that the statute of limitations has run out to file a lawsuit against Johnson & Johnson are wrong. Contact us now at 800-553-8082 or get a no-cost, quick review of your case online.

 

Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Talc Class Action

June 2 2023 Update: In the asbestos talc trial in California yesterday, a few technical glitches interrupted the opening statement by the defense attorneys. Talc class action. Jurors watching from their homes via Zoom, did hear Johnson and Johnson’s lawyer express skepticism about the 70s science affirming the presence of asbestos in their product before the proceedings abruptly ended.

Meanwhile, the plaintiff could introduce their first witness, Arthur Langer. Langer explained that the existence of additional minerals along with talc is expected. He also testified that his team informed J&J in the year 1971 about the presence of chrysotile asbestos the talc manufactured by the company, though in lesser than 0.1 percent. He also discovered more asbestos in 1976.

June 1, 2023 Update: Talc class action. The first trial since J&J has decided to separate its talc section and declaring bankruptcy marks an important point for the ongoing lawsuit story. Trial began yesterday in the heartbreaking case of a young, 24-year-old plaintiff, diagnosed with an aggressive and rare form of mesothelioma last year. which both sides of the argument agree is a grave tragedy.

The opening statements exposed the huge differences between the sides’ story. The attorney representing the plaintiff aimed his ire at Johnson & Johnson, alleging the use of misleading tactics in research practices and throughout the litigation procedure. The attorney claims that, according to, Johnson & Johnson attempted to alter asbestos’ definition, despite internal documents dating back to the year 1978 and 1994 indicating that fibers discovered in the plaintiff’s tissue are included.

Johnson &J’s highly uncertain $8.9 billion settlement deal hangs in the balance as we progression of this trial. Despite the unique nature of this mesothelioma-related case and its distinctive issues in comparison to other lawsuits involving talcum powder and a decision in favor of the plaintiff could be the company with a major setback in its hopes for broad acceptance of their proposed settlement with plaintiffs.

May 31 2023 Update: Johnson and Johnson’s bankrupted talc unit has strongly defended the second Chapter 11 filing in the face of challenges from talc injury claimants. In an opposition filed with the New Jersey bankruptcy court, the company argued that the situation was vastly different from the prior filing. It emphasized the unprecedented commitment of $8.9 billion in settlement from J&J which is the largest settlement ever in the history of a mass tort bankruptcy. Talc class action. It was not mentioned how the magnitude of the settlement signifies that it’s an equitable settlement. J&J also claimed support from numerous plaintiffs’ law firms that represent over the 60,000 plaintiffs. This is not easy to confirm but is probably incorrect.

May 24 2023 Update: Following Johnson & Johnson’s bankruptcy in 2021 filing, the very first trial on its cosmetic talc products allegedly comprised of asbestos is set to start jury selection Monday, California with Alameda County Superior Court, an historically reliable court for plaintiffs. The plaintiff claims his mesothelioma was caused by asbestos exposure from J&J’s products, an allegation J&J does not deny. The trial also includes six retailers who are accused of selling talc-containing products.

May 22nd, 2023 Update Lawyers in the 2nd J&J talc bankruptcy are fighting over who should be chosen to fill the post of future claims representative, a role that is critically critical to resolving claims involving talc. Talc class action. Randi Ellis, a lawyer who is frequently involved in MDLs across the country was appointed the claims representative in the first bankruptcy. J&J’s defense group wants Ellis to be named to the position again, but lawyers for the talc plaintiffs are protesting because Ellis has a conflict of interest which should stop her from taking on that role in the future. The conflict stems from the reality that Ellis was involved in drafting the hotly disputable second bankruptcy, raising doubts about her capability to remain neutral. It’s true that this bankruptcy could be dismissed in the end.

May 17, 2023 Update: The fake company J&J made up to settle the talc litigation bankruptcy has informed an New Jersey bankruptcy court that they have allocated $400 million to pay the allegations made by states who accuse the company of misleading advertising for its talc products. Talc class action. So that makes it an $8.5 billion settlement to cancer victims. It’s hard to imagine any scenario in which J&J can get the settlements of baby powder through in these figures. Although J&J’s $8.5 billion offer seems like a lot at first, it does not appear appealing when you look at the numbers. The settlement plan based on our rough calculations would not pay victims much more than an average settlement $100,000 per case. This isn’t enough.

May 15th 2023 Update: J&J might be facing lawsuit brought by an advocacy group representing cancer patients. Talc class action. The group contends that J&J deliberately withdrew a $61.5 billion fund-raising agreement together with its parent company, 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 a fraud transfer of victims’ compensation rights. They will investigate J&J’s actions after the announcement of the dismissal of the first bankruptcy case of LTL.

May 10, 2023 Update: Next week, this week the U.S. Bankruptcy Court in New Jersey will hear oral arguments on a motion to dismiss the second bankruptcy filing that was filed by J&J company LTL Management. However, in the meantime, this bankruptcy court has issued an Order requiring both sides to take part in a new settlement negotiation with the hopes of achieving a global settlement deal can been reached.

May 5th 2023: Update on Talc supplier Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to several lawsuits alleging that its talc products cause cancer from asbestos exposure. Talc class action. More than 2700 people have filed lawsuits against the firm, and it was paying $1 million per month for legal defense. The company’s recent $29million settlement at the Supreme Court of South Carolina forced it to apply for bankruptcy protection and argue for an equitable distribution of assets between talc claimants rather than being taken over through the receiver. Other suppliers of talc have been forced to file for bankruptcy as a result of legal proceedings.

May 4 2023 Update U.S. Court of Bankruptcy Michael Kaplan has directed Johnson & Johnson to resume talks with lawyers who turned down the company’s proposed $8.9 billion settlement offer. At Trenton, New Jersey yesterday, the parties gathered in court to discuss next steps to take in their second bankruptcy matter. Judge Kaplan was pushing for more settlement discussions.

This is the way to settle these claims with J&J. A baby powder settlement can be achieved. Talc class action. However, it will require more money – more billions of dollars from Johnson & Johnson.

Lawyers are divided on whether or not to accept the plan and not all clients view the situation the same way their lawyer views it. A second bankruptcy proceeding is likely to go nowhere as Judge Kaplan has scheduled a hearing for June to determine whether to close the case for the third time.

May 3 2023 Update A group of cancer patients suing Johnson & Johnson (J&J) demanded that they request that the Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it is a bid to stop the litigation surrounding talc-based products. The group of talc claimants filed a motion on Tuesday asking for the Third Circuit to consider their case and send it back to a lower court, with instructions for dismissing the bankruptcy. Talc class action. They also asked that halted tort litigation against J&J allow the litigation 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 agreement. The committee says that the recent decision allowing LTL’s third Chapter 11 to continue, while also halting trials against J&J and J&J, requires 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 reply in the appeals court, characterizing the filing as an “desperate and legally deficient move” by a handful of law firms who have competing financial interests.
May 1st 2023 Update: One common question that people ask is how the plaintiffs’ lawyers and their clients turn around $8.9 billion. Of course, it’s an enormous amount of money. However, there are lots of victims. Talc class action. These are actually a good cases for plaintiffs. We have been reminded of this recently by two talc-related trials that resulted in big verdicts for the plaintiffs. In February the mesothelioma case involving talcum powder trial in Oregon ended in an award of $18.1 million. The following month, a second mesothelioma trial involving talc was held for trial within South Carolina and resulted in a verdict of $29million to the plaintiff. It was the same defendant as in these cases: Whittaker, Clark & Daniels Inc. one of the leading manufacturers of talc in U.S.
April 30 2023 Update: When J&J first attempted to drag the litigation over talcum powder into bankruptcy, they came with an offer to reserve $2 billion for settlements. It was a ridiculously small amount. There was no one among the talc victims who believed in the offer. However, this time, J&J has increased the offer to $8.9 for talc-related plaintiffs if they will allow a bankruptcy settlement and they also have the support of a substantial segment of the talc plaintiffs and their lawyers. Talc class action. But 75% of the talc plaintiffs, which is required for bankruptcy plan approval, it a tough road due to the sheer number of lawyers with massive inventory of baby powder-related lawsuits, opposed in favor of the deal.

What can be done to end the impasse? More billions.
April 25, 2023 Update Talc patients have demanded a judge dismiss the Chapter 11 case filed by LTL Management LLC, a absurdly made-up Johnson & Johnson subsidiary, declaring that the company isn’t financially distressed. LTL requested Chapter 11 to settle tens of thousands of claims that J&J’s baby powders caused cancer. Talc class action. It was the 3rd Circuit dismissed its first Chapter 11 case in January and said that LTL was not a candidate for bankruptcy relief as it had not demonstrated financial stress.

The claimants argue that LTL’s third Chapter 11 case is an overreach of the bankruptcy system, and that it’s being conducted in bad faith. J&J states that the bankruptcy settlement has “significant support” from companies representing approximately 60,000 people who are claiming. It is fair to say that lawyers representing plaintiffs 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 alleging that the firm sold a baby powder that contained a chemical that causes cancer. Even though trials for the talc lawsuits have been suspended for a minimum of 60 days but new lawsuits can be filed, and lawyers are able to begin preparing their cases. Talc class action. Judges expressed doubt about J&J’s pathetic attempt to relaunch its strategy in the second bankruptcy case.

April 13th, 2023 update: the major announcement is an $8.9 billion over the next 25 years offer for settlement. Lawyers representing cancer victims who are part of the MDL Class Action have pledged to fight the settlement along with those who claim talc. Why? They feel it’s not enough money for more than 70,000 cancer victims. Talc class action. They argue that J&J should negotiate a larger settlement or pursue individual claims if the latest bankruptcy is dismissed.

But there is another group of lawyers that is not part of the leadership group in this class action. They have amassed many thousands of cases. This group wants to settle today with what they believe is less than the victims deserve. Their argument seems to be two-fold. First, they argue the settlement of around an average of $100,000 per plaintiff is fair.

It’s a difficult argument to argue. The second argument is more force: the victims can not afford to wait any longer and need their money now.

April 12 2023 Update: Some people are wondering if J&J is able to file for bankruptcy again. The answer is complex and convoluted. Let’s try to simplify it in simple terms.
Johnson & Johnson asserts that bankruptcy is the only means to address both present and future talc lawsuits conclusively. Also, it thinks it can get a lower rate if there is a bankruptcy component that applies pressure to negotiate a settlement. Talc class action. Moving past more than 400 years in American time, the business claims that bankruptcy benefits all parties as it distributes settlements more fairly and more efficiently than trial courts where litigants are awarded significant award while others do not.

The essence in this 3rd Circuit decision was this is not a matter of an enterprise that is profitable, forming an entity to assume the legal risk and declare bankruptcy, which is what Congress contemplated when drafting the Bankruptcy Code. However, the court also ruled it was not in financial distress because J&J assured it of unlimited funding.
This is why J&J jumped on the unlimited funding part of the holding but did not pledge that it would provide unlimited funds for litigation. The company claims that its revised financing arrangements with its subsidiary address the appeals court’s concerns, while supplying funds for claim payments. It’s as if giving victims less money would solve the overarching problem.

Lawyers representing cancer victims who are against the agreement argue 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. Hyperbole was not spared: victims’ lawyers call it the largest “fraudulent move of assets in United States history.”

Notwithstanding the legal mumbo jumbo, J&J does not really believe that this bankruptcy will last. It is however a method to push for this $8.9 billion settlement, and to keep pressure on plaintiffs.

April 10 2023 Update: Bloomberg has an interesting piece on a law that has been passed in New Jersey that is shedding new light on the funding of litigation in the class action lawsuit. Funders of litigation Virage Capital Management and TRGP Capital invested in hundreds of lawsuits from Johnson & Johnson (J&J) on behalf of talc products. They exchanged for a portion of any profits. J&J is now willing to pay $8.9 billion to settle any lawsuits.

The involvement of the funders is publicly available due to an New Jersey court rule requiring the disclosure of certain information about funding sources outside of the. The law is designed to address the growing calls for the regulation of lawsuit funders. J&J has to deal with more than 60,000 lawsuits when you add up state and federal baby powder lawsuits. Third-party funding of mass tort cases has its pros and pros and. However, there is no doubt that we are seeing how third-party financing can help level the playing field between individuals as well as large corporations in the courtroom.

April 4, 2023 Update: It is interesting to watch the worm turning in this case. J&J took another hit this week, when they were denied by the Third Circuit denied J&J’s request to maintain the automatic stay during the time that J&J appeals a bankruptcy ruling before the U.S. Supreme Court. The automatic stay has frozen hundreds of cases involving talcum powder and stopped the filing of new lawsuits ever since J&J began the controversial plan to spin the talc debts off into a bankrupt entity over one year earlier. Talc class action. When the 3rd Circuit ruled that this bankruptcy was not valid some months ago, the stay was lifted. J&J had hoped to have it remain in effect until its SCOTUS appeal. The answer was no.
April 1, 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 accept the appeal? Low.
March 16th, 2023 Update: with the bankruptcy stay now officially lifted, the very first new cases have been filed and transferred into the class action involving talcum powder MDL in just over a year. Seven new talc lawsuits have been included in the MDL during the month of March, 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 requesting that authorities from the U.S. Government Accountability Office (GAO) start an investigation into the amount J&J product containing talc has cost the government in the many years.
In a recent letter to the GAO, Rep. Steven Cohen (D-Ten.) accused J&J of ignoring the risks of its talc-based products for long while tax dollars spent treating those injured by exposure to the chemicals. The demand comes just weeks after J&J’s major loss in the 3rd Circuit Court of Appeals.

Talc class action. J&J should begin to make fair settlement offers to victims to the process of putting all this behind. This is a blemish on one of the world’s greatest firms.

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

 

You May be Entitled to Significant Compensation Talc 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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