Talc Without Asbestos – Are You Eligible To File A Talc Lawsuit?

You May be Entitled to Significant Compensation Talc without asbestos. Johnson & Johnson powders were proven to contain asbestos (a cancer causing agent) and the company failed to notify users of the cancer risk. $2 BILLION has already been awarded to claims. Free To File! No Fees Unless A Settlement Is Awarded!

J&J’s proposed settlement with talc would be worth the sum of $400 million US state AGs. Talc Without Asbestos .

Johnson & Johnson (JNJ.N) has set aside $400 million to resolve U.S. state consumer protection actions as part of its larger $8.9 billion settlement of allegations that its Baby Powder and other talc products cause cancer. Talc without asbestos.

J&J subsidiaries 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 the bankruptcy settlement. Talc without asbestos. J&J has said that its talc products are safe and won’t cause cancer. The company is trying for an additional time to conclude more than 38,000 cases in bankruptcy, as well as prevent new lawsuits from being filed in the near future.
The bankruptcy plan of LTL would pay $400 million into an additional trust to settle lawsuits filed from state attorney generals claiming that J&J had violated the state’s unfair commercial practices as well as consumer protection laws by misinforming consumers regarding the dangers of its talc products.

Several states had begun consumer protection actions against J&J prior to LTL’s bankruptcy filing stopped these investigations from moving forward in 2021. Talc without asbestos. New Mexico and Mississippi had already launched suits for damages against Johnson & Johnson before then and states like Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative requests or subpoenas in LTL’s court papers.

 

 

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 bankruptcy watchdog, who have argued that a successful company such as J&J can’t benefit from bankruptcy protections meant for struggling debtors.
LTL’s first attempt at resolving the bankruptcy-related lawsuits was rejected after the same arguments, when a U.S. appellate court determined the LTL wasn’t in “financial financial distress” and ineligible under bankruptcy law. Talc without asbestos. LTL made a new bankruptcy application in just two hours following the dismissal, saying that its second attempt was different because it had less money and more support for a settlement.

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

 

Talc Without Asbestos

The filings of LTL’s latest bankruptcy proceedings also include more information on how the company plans to evaluate and settle cancer claims should the bankruptcy plan be approved.

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

From there, the proposed settlement applies discounts depending on the kind and severity of cancer, the patient’s age, the history of usage of talc and other variables. Talc without asbestos. For example someone who regularly used daily talc products, had an ovarian cancer family history, cancer and was diagnosed with an ovarian cancer stage II by age 55 may qualify to receive a payout of $21,125 under the settlement plan.

Judge ordains J&J and talc opponents to participate in settlement talks.

After another round of hearings in Johnson and Johnson’s efforts to utilize a Texas Two-Step bankruptcy strategy for talc litigation, federal bankruptcy Judge Michael Kaplan has ordered the company and those opposing the plan to hold settlement talks, Bloomberg reports.

With its second bankruptcy attempt for LTL Management, a subsidiary set up by J&J to settle claims – the company made a settlement offer of $8.9 billion. Talc without asbestos. While one firm representing plaintiffs is in favor of the deal, another group is against the settlement.

This week, the opposition group, called the Official Committee of Talc Claimants requested the bankruptcy court for dismissal of the matter by asserting that LTL is not considered to be in financial hardship.

“The filing is a desperate and legally deficient attempt by a few of law firms to stop claimants from deciding on the resolution plan – a plan the vast majority of claimants favor,” J&J’s litigation chief Erik Haas, said in an announcement. Talc without asbestos. “The law firms who filed their filing are financially oriented and have conflicts that conflict with, contradict and contravene those of their clients. We’ll soon submit an appeal in the appeals court.”

Talc without asbestos. Clay Thompson, a lawyer for MRHFM which is home to more than mesothelioma patients who have filed lawsuits against J&J, said that the second bankruptcy attempt of J&J failed.

“J&J issue press releases that boast about how amazing its plans are, but is insisting that the plan’s details, including what each sick person will receive–be kept secret,” Thompson said in an email. “What do J&J have to keep secret?”

 

 

Kaplan has directed the parties to develop a new restructuring plan, with the supervision and supervision of mediators.

As of February 2022 Kaplan affirmed the ability of J&J’s recourse to Chapter 11 to hasten a settlement that would free J&J from the tens of thousands of claims related to its talcum-based products.

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

In the event that J&J’s request to make an appeal before the U.S. Supreme Court was rejected the same month, J&J declared bankruptcy about two hours later. In response to that move, Kaplan froze the lawsuits for 60 calendar days to decide whether to grant another bankruptcy.

J&J’s omnipotent profit engine fails after $6.9B settlement charge for talc.

With Two Chapter 11 attempts, J&J has been able to buy 19 months in which cases were placed in limbo. Talc without asbestos. The company wants claimants to take a vote to accept their settlement. J&J will require 75% acceptance for the deal to go through.

Alongside the group of talc lawyers who criticised LTL’s bankruptcy plan, the U.S. Trustee is an arm that is part of the U.S. Department of Justice is also submitting a motion to dismiss the second bankruptcy case of LTL.

In a recent filing, U.S. Trustee Andrew R. Vara wrote that the doors of bankruptcy courts are “open to honest, but naive debtors.” These doors “are not accessible to those that lack a legitimate bankruptcy reason or want to use the bankruptcy process to delay or hinder their creditors,” Vara continued.

On the other hand, J&J maintains there is no definitive evidence to suggest that its products containing talc, such as its popular baby powder can cause cancer. J&J has been taking the products of the market first in North America in 2020–and the rest of the world this year.

J&J intends to steer clear of the cost of going to trial. The company has won the majority of cases that were decided at trial, but certain losses have been extremely severe.
A highly-publicized trial in Missouri led to an $4.7 billion judgment against the drug manufacturer, which was later reduced to $2.1 billion after appeals.

Johnson & Johnson faces high-stakes hearing over ‘Texas Two Step’ talc strategy: report
Overall, J&J has lost nine trial cases in talc which are appealing or resolved. In 41 trials 32 ended with an outcome for J&J or a mistrial, or plaintiff verdict that was overturned in appeal. Talc without asbestos. Separately, the company in 2020 sought to settle around 1000 cases for the sum of $100 million. Bloomberg reported at the time.

 

Talcum Baby Powder Ovarian Cancer Lawsuit – Talc Without Asbestos

Our lawyers are handling baby powder cases in every state. The lawsuits involving talcum powder for Johnson & Johnson have been going on for a long time. Talc without asbestos. The lawsuits contend that the prolonged use of the powder (or “talc”), the active ingredient in many products, including Baby Powder along with Shower to Shower as well as other products, may cause ovarian cancer in some women.

This page gives the J&J update on the talc power litigation and discusses how the upcoming bankruptcy ruling will impact the final settlement amount of these ovarian cancer lawsuits.

Has the deadline passed for you to file a talcum powder lawsuit? Many who assume the time limit has expired to sue Johnson & Johnson are wrong. Call us now at 800-553-2082 or get a no-cost, quick review of your case online.

 

Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Talc Without Asbestos

June 2, 2023 Update: During the asbestos talc trial that took place in California yesterday, some technical glitches interrupted the opening statement by the defense lawyers. Talc without asbestos. Jurors at home via Zoom and hearing the Johnson &Johnson’s lawyer express doubt about the science of the 70s affirming the presence of asbestos in their product, but the proceedings abruptly ended.

Meanwhile, the plaintiff had the opportunity to introduce an initial witness Arthur Langer. Langer explained that the existence of additional minerals along with talc is inevitable. He said that his team was notified by J&J in 1971 about the presence of chrysotile asbestos in the talc produced by the company, although with just 0.1 percent. The asbestos was discovered by him in the year 1976.

June 1st, 2023 Update: Talc without asbestos. The first trial since J&J made the decision to split its Talc section and declaring bankruptcy marks a pivotal moment in the ongoing talc lawsuit drama. The trial started yesterday in the poignant case of a young 24-year-old plaintiff, diagnosed with a rare and aggressive type of mesothelioma in the past year, which both sides of the argument agree is a grave tragedy.

Opening statements revealed the sharp differences in the two sides’ story. 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 process. In the words of attorney, Johnson & Johnson attempted to alter the definition of asbestos, despite internal documents dating back to the year 1978 and 1994 indicating that asbestos fibers that were found in the plaintiff’s tissue are included.

Johnson & Johnson’s uncertain $8.9 billion settlement is hanging in the balance as we course of this trial. Despite the distinctive nature of the mesothelioma trial and its distinct issues compared to the majority of talcum powder lawsuits A verdict in favor of the plaintiff could cause the company with a major setback in its hopes for broad acceptance of their proposed settlement among plaintiffs.

May 31, 2023: Update from Johnson and Johnson’s bankrupt talc business is defending their Second Chapter 11 filing in the face of challenges from injured talc claimants. In an objection submitted to the New Jersey bankruptcy court, the company argued that the filing was distinct from the first filing. It emphasized the unprecedented commitment to $8.9 billion from J&J, the largest settlement ever in the history of a mass tort bankruptcy. Talc without asbestos. Not mentioned: how the amount of the settlement indicates that it is a fair settlement. J&J also claimed that it received support from numerous plaintiffs’ law firms representing more than 600,00 claimants. This is not easy to confirm however it is likely to be incorrect.

May 24, 2023 Update: Since Johnson &J Johnson’s bankruptcy filing, the very first trial involving its cosmetic talc products allegedly containing asbestos is set to begin jury selection on Monday, May 24, California at Alameda County Superior Court, a historically good location for plaintiffs. The plaintiff claims that his mesothelioma resulted from asbestos exposure in J&J’s product, an allegation J&J denies. The trial also involves six retailers accused of selling talc-containing products.

May 22, 2023 Update: Lawyers involved in the second J&J talc bankruptcy are disputing who should be appointed to the role of a future claims representative, an important role critical to resolving Talc claims. Talc without asbestos. Randi Ellis, a lawyer who regularly appears in MDLs throughout the country, was appointed as the claims representative in the first bankruptcy. J&J’s defense team would like Ellis to be named to the position again, but lawyers for the talc plaintiffs are protesting due to the fact that Ellis has an unrelated conflict of interest that should prevent her from being appointed to that post again. The dispute stems from possibility that Ellis was reportedly involved in drafting the controversially contested second bankruptcy, which raises doubts about her capacity to be neutral. However, the reality is that this bankruptcy could be dismissed regardless.

May 17, 2023 Update The fake company J&J created for the talc litigation bankruptcy has informed an New Jersey bankruptcy court that they have set aside $400 million to settle claims brought by states accusing the company of deceptive advertising for its talc-based products. Talc without asbestos. That’s an $8.5 billion settlement for cancer sufferers. It’s difficult to envision any scenario in which J&J could push these baby powder settlements through with these numbers. While J&J’s proposed $8.5 billion offer might seem like a large sum initially, it does not look great when you do the math. The settlement plan based on our rough calculations – would not be able to pay victims more than an average settlement $100,000 per case. This isn’t enough.

May 15th, 2023 Update: J&J could be facing lawsuit brought by an advocacy group that represents cancer victims. Talc without asbestos. The group argues that J&J intentionally withdrew a $61.5 billion financing agreement with its subsidiary, LTL Management LLC, to simulate financial stress and verify the unit’s Chapter 11 bankruptcy filing. The group claims that this move amounts to a fraudulent transfer of the victims’ compensation rights. They are planning to study J&J’s actions in the wake of the decision to dismiss the first bankruptcy case of LTL.

May 10 2023 Update: During the next week, this week the U.S. Bankruptcy Court in New Jersey will hear oral arguments in a motion dismiss the second bankruptcy petition filed by J&J subsidiary LTL Management. In the meantime this bankruptcy court has issued an order which requires both sides to take part in a new settlement mediation hoping that a global settlement deal can reached.

May 5, 2023: Update on Talc provider Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to numerous lawsuits alleging that its Talc products cause cancer due to asbestos exposure. Talc without asbestos. More than 2700 people have filed lawsuits against the firm and the company was spending $1 million a month to defend its legal position. The company’s most recent $29 million verdict that was handed down in South Carolina forced it to apply for bankruptcy protection and argue for an equitable distribution of assets to talc claimants, rather than being confiscated through the receiver. Other talc suppliers have also declared bankruptcy because of lawsuits.

May 4 2023, Update U.S. bankruptcy judge Michael Kaplan has directed Johnson & Johnson to reopen negotiations with lawyers who have rejected the company’s $8.9 billion settlement offer. The court in Trenton, New Jersey yesterday, the parties appeared before a judge to discuss the next steps in this second case of bankruptcy. Judge Kaplan was pushing for more settlement discussions.

This is the solution to settle these claims for J&J. A settlement for baby powder can be made. Talc without asbestos. But it will require additional money – perhaps billions of dollars – coming from Johnson & Johnson.

Lawyers are divided over whether to accept the proposal and not every client sees the issue in the same manner their attorney does. Second bankruptcy cases are expected to go nowhere the judge Kaplan has scheduled a hearing for June to determine if she will remove the bankruptcy after the second.

May 3 2023 Update The group of cancer victims who are suing Johnson & Johnson (J&J) asked an order from the Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it is an attempt to derail litigation over talc products. The group of talc claimants has filed a motion this week, 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. Talc without asbestos. They also requested that the halted tort litigation against J&J be allowed to proceed.
LTL applied for Chapter 11 protection once again after its first bankruptcy filing was rejected by the Third Circuit earlier this year which offered the possibility of an $8.9 billion agreement. The committee believes that the recent ruling allowing LTL’s second Chapter 11 to continue, and also stopping trials against J&J and J&J, requires an immediate Third Circuit review. The US Trustee also requested that it be requested 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, saying that the filing is a “desperate and legally inadequate effort” by a select group of law firms with conflicts of financial interests.
May 1st 2023 Update: A most frequently asked question is how could plaintiffs and their lawyers be able to turn on $8.9 billion. That’s of course quite a sum. There are a lot of victims. Talc without asbestos. They are a great claims for plaintiffs. We were reminded of this last week in two talc trials which have resulted in huge verdicts for the plaintiffs. In February mesothelioma, a talcum-based powder trial in Oregon was settled with an award that was $18.1 million. In the same month, a different mesothelioma-related talc case went to trial within South Carolina and resulted in a verdict of $29million to the plaintiff. In both instances, the defendant was Whittaker, Clark & Daniels Inc., one of the largest manufacturers of talc in U.S.
April 30 2023 Update: In the year 2023, when J&J first tried to bring the talcum powder lawsuit into bankruptcy, it came with the option of putting aside $2 billion to settle the case. The sum was ridiculously low. All of the talc plaintiffs supported it. This time around, however, J&J has increased the offer to $8.9 If the talc plaintiffs agree to a bankruptcy settlement and they also have the support of a substantial part of the talc-related plaintiffs and their lawyers. Talc without asbestos. However, 75% of plaintiffs in the talc category, which is required to approve bankruptcy plans is a difficult road due to the sheer number of lawyers with massive collections of baby powder lawsuits opposed towards the agreement.

What is the solution to this impasse? More billions.
April 25 2023 update: Talc patients have requested a judge to disqualify the Chapter 11 case filed by LTL Management LLC, a absurdly fabricated Johnson & Johnson subsidiary, insisting that the company is not financially strained. LTL has filed for Chapter 11 to settle tens of thousands of claims that J&J’s baby powders caused cancer. Talc without asbestos. It was the 3rd Circuit dismissed its first Chapter 11 case in January, saying LTL was not eligible to receive bankruptcy relief because it failed to show financial stress.

The claimants assert that the third 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 people who are claiming. It’s fair to say that lawyers representing plaintiffs and the victims are split over what they believe is an $8.9 billion deal.

April 21st, 2023 Update: A bankruptcy judge ruled the company Johnson & Johnson must face new lawsuits alleging that the firm sold a baby powder that contained a chemical that causes cancer. Although trials for the lawsuits involving talc are delayed for at least 60 calendar days and new lawsuits are able to be filed and lawyers are able to begin preparing their cases. Talc without asbestos. Judges expressed doubt about J&J’s attempt to revive its strategy by filing the second bankruptcy case.

April 13th 2023 Update: major announcement is an $8.9 billion over the course of 25 years offer for settlement. Lawyers representing cancer victims involved in MDL class action MDL collective action promised to fight the settlement alongside the talc claimants. Why? They think it is not enough money for 70,000 victims who have cancer. Talc without asbestos. These lawyers argue that J&J could negotiate a greater settlement or settle individual claims in the event that the latest bankruptcy is declared unconstitutional.

But there’s a separate set of lawyers who are not part of the leadership group in the class action. These lawyers have amassed hundreds of thousands of cases. This group wants to settle the case now in what many believe to be less than the victims deserve. The argument they make is twofold. First, they argue the settlement – about 100,000 dollars per plaintiff – is fair.

This argument isn’t easy to present. However, their second argument has more substance: the victims will now not wait and they want their money now.

April 12 2023 Update: Many are wondering if J&J can go through bankruptcy again. The answer is complicated and complex. However, let’s attempt to explain it in simple terms.
Johnson & Johnson asserts that bankruptcy is the only means to settle both present and future lawsuits involving talc conclusively. It thinks it can get a lower rate if there is a bankruptcy element that creates pressure to settle. Talc without asbestos. Driving past more than 400 years in American past, the company claims 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 basic tenet in this 3rd Circuit decision was this is not a matter of a profitable company making a subsidiary to take the legal burden and declare bankruptcy – Congress thought of when drafting its Bankruptcy Code. It also clarified that the entity was financially crisis because J&J offered unlimited financing.
So J&J decided to go with the unlimited funding part of the contract and did not promise to fund unlimited litigation. The company claims that revised financing arrangements with its subsidiary will address concerns of the appeals court while supplying funds for claim payments. As if providing victims with lower amounts of money would resolve the overarching problem.

Lawyers representing cancer victims who oppose the deal counter this with what you conclude is the legal argument. Talc without asbestos. They counter with legal absurdity: J&J fraudulently transferred $50 billion of assets from LTL Management to circumvent the appeals court’s earlier ruling. Hyperbole did not go unnoticed the lawyers representing victims call it the largest “fraudulent transfer ever in United States history.”

Notwithstanding the legal mumbo jumbo, J&J does not really think that the bankruptcy will endure. But it is a way to push for this $8.9 billion settlement through and maintain the pressure on plaintiffs.

April 10 2023 update: Bloomberg has an interesting article about a new law in New Jersey that is shedding new light on litigation funding in the plaintiffs in the class action. The funders who fund litigation Virage Capital Management and TRGP Capital invested in hundreds of lawsuits that were brought against Johnson & Johnson (J&J) over 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 information due to the New Jersey court rule requiring the disclosure of certain information about funding sources outside of the. This rule is intended to tackle the growing demands for the regulation of lawsuit funders. J&J is facing more than 60,000 claims when you add up state and federal child powder-related lawsuits. Third-party funding of mass tort cases has both pros and cons. But there is no question that we are seeing how third-party funding could level the playing field between individual and big corporations in the courtroom.

April 4, 2023 Update: It is fun to watch the worm turn in this case. J&J has taken another blow this week when they were denied by the Third Circuit denied J&J’s request to extend the automatic stay in the meantime that J&J appeals a bankruptcy ruling at the U.S. Supreme Court. The automatic stay has halted thousands of talcum cases and stopped the filing of new lawsuits ever since J&J began the controversial plan to spin the talc debts into a bankrupt subsidiary over one year ago. Talc without asbestos. When it was decided that the 3rd Circuit ruled that this bankruptcy was invalid a few months ago, the stay was revoked. J&J was hoping to have it continued pending an appeal to the 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 likelihood that of the Supreme Court is willing even to hear the appeal? Low.
March 16th 2023 Update: With the bankruptcy stay fully lifted, the first new cases were filed and incorporated into the talcum powder class action MDL in the space of a year. Seven new talc-related lawsuits were joined to the MDL in the last month which brings the total number of cases that are pending to 37,522.

February 25 2023 Update This morning, a Congressmen from Tennessee is now demanding that the U.S. Government Accountability Office (GAO) start an investigation into how much J&J products containing talc have cost the government over the years.
Recently, in an open letter addressed to the GAO, Rep. Steven Cohen (D-Ten.) accused J&J of ignoring the dangers of its talc products for long while tax dollars used to treat those who were injured through exposure to the product. The suit comes just a few days after J&J’s loss to the 3rd Circuit Court of Appeals.

Talc without asbestos. J&J has to begin making reasonable settlement offers for victims in order the process of putting all this behind it. This is a blemish on one of the top companies.

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

 

You May be Entitled to Significant Compensation Talc without asbestos. 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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