You May be Entitled to Significant Compensation Talcum powder lawsuit news. 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 provide 400 million dollars to US state AGs. Talcum Powder Lawsuit News .
Johnson & Johnson (JNJ.N) has set aside $400 million to address U.S. state consumer protection actions as part of a larger $8.9 billion effort to settle allegations that it’s Baby Powder and other talc items cause cancer. Talcum powder lawsuit news.
J&J subsidiaries LTL Management filed a bankruptcy plan in New Jersey late on Monday that describes how the company will pay various types of cancer victims as part of the bankruptcy settlement. Talcum powder lawsuit news. J&J has said that its Talc products are safe and will not cause cancer. J&J is seeking a second time to resolve more than 38,000 lawsuits filed in bankruptcy, as well as prevent new lawsuits from coming forward in the future.
The bankruptcy plan of LTL would pay $400 million to a separate trust for claims filed with state attorneys general claiming that J&J did not comply with state unfair business practices and consumer protection laws by misinforming consumers about the dangers of its talc products.
Several states had begun consumer protection actions against J&J before LTL’s first bankruptcy filing prevented those investigations from moving forward in 2021. Talcum powder lawsuit news. New Mexico and Mississippi had already initiated lawsuits in the past against Johnson & Johnson before then and states like Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative demands or subpoenas, according to LTL’s court documents.
New Mexico and Mississippi have moved to dismiss LTL’s bankruptcy in a joint move with cancer victims and those affected by cancer and the U.S. Justice Department’s bankruptcy watchdog, who have argued that a successful company such as J&J does not qualify for bankruptcy protections designed for those struggling with debt.
The company’s initial attempt to resolve the bankruptcy cases was thrown out after similar arguments, when a U.S. appellate court decided it was not LTL wasn’t in “financial difficulty” and therefore not eligible to receive bankruptcy relief. Talcum powder lawsuit news. LTL declared bankruptcy a second time within two hours of that dismissal, arguing that the second bankruptcy was different due to the fact that it was able to borrow less and had more support for the settlement.
New Mexico and Mississippi said in their motion for dismissal that LTL’s renewed bankruptcy violates the law enforcement powers of the state by trying to unilaterally cap the company’s liability for state consumer protection measures.
Talcum Powder Lawsuit News
LTL’s new filings also included more details on how the company plans to evaluate and pay claims for cancer should the bankruptcy plan be approved.
The most significant payments under the settlement will be $500,000 for patients diagnosed with cancer of the mesothelioma ovary before the age of 45, and $260,000 for patients diagnosed with ovarian cancer that is terminal prior to age 45.
From there, the proposed settlement offers discounts based on the severity and type of cancer, an individual’s years of age, their history of using talc and other factors. Talcum powder lawsuit news. For example the case of a woman who used the talc product on a regular basis, had an ovarian cancer family history, cancer and was diagnosed with Stage II cancer of the ovary at the age of 55 might qualify to receive a payment of $21,125 according to the plan.
Judge decides J&J, talc opponents to discuss settlement negotiations.
Following another round of hearings in Johnson and Johnson’s efforts to implement a Texas Two-Step bankruptcy strategy for talc litigation and federal bankruptcy judge Michael Kaplan has ordered the company and those opposed to the plan to enter into talks to reach a settlement, Bloomberg reports.
With its second bankruptcy attempt for LTL Management, a subsidiary set up by J&J to settle claims – the company offered a settlement amounting to $8.9 billion. Talcum powder lawsuit news. While one group of law firms representing plaintiffs is in favor of the offer, another group opposes the move.
In the last week, an opposition group, known as”the Official Committee of Talc Claimants and urging the bankruptcy court to dismiss the case by saying that LTL can not be considered 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 favor,” J&J’s litigation chief Erik Haas, said in a statement. Talcum powder lawsuit news. “The law firms behind these filings have interests in finance that are in conflict with, diverge from and oppose the interests they represent. We’ll soon submit an answer an appeal to the appellate court.”
Talcum powder lawsuit news. Clay Thompson, a lawyer for MRHFM who boasts more than patients with mesothelioma who have filed lawsuits against J&J and J&J, has said that J&J’s second bankruptcy attempt will fail.
“J&J sends out press releases about how great its plan is while simultaneously demanding that plan details–including what individual sick people would actually receive,” Thompson said in a statement. “What does the company have to conceal?”
Kaplan has instructed both sides to create a reorganization plan, under supervision of two mediators.
On February 20, 2022 Kaplan acknowledged J&J’s use of Chapter 11 to hasten a settlement that will free J&J from the tens of thousands of claims over its talcum products.
But in the month of January, a federal appeals court overturned the decision, deciding that the company was not able to be considered in “financial trouble.”
When J&J’s attempt to make an appeal before the U.S. Supreme Court was denied on April 1, J&J applied for its first bankruptcy about two hours later. In response to that move, Kaplan froze the lawsuits for 60 days in order to determine whether to allow an additional bankruptcy.
J&J’s unstoppable profit engine goes out of control after $6.9B cost of litigation involving talc.
With 2 Chapter 11 attempts, J&J has purchased 19 months of which cases were placed held. Talcum powder lawsuit news. J&J wants the claimants to decide whether they want to accept the settlement. J&J would need 75% approval for the deal to pass.
In addition to the team of talc lawyers who panned the company’s bankruptcy play as well, the U.S. Trustee which is a division of the U.S. Department of Justice has also filed a motion to dismiss LTL’s second bankruptcy case.
In a letter filed this week, U.S. Trustee Andrew R. Vara wrote that the doors of bankruptcy courts are “open to honest, but naive debtors.” The doors “are not available to anyone who do not have 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 taken the products of the market, first for North America in 2020–and the rest of the world this year.
J&J wants to avoid the costly business of going to trial. It has prevailed in most of the cases that have been decided in court, however certain losses have been extremely punishing.
A high-profile trial in Missouri produced an $4.7 billion verdict against the drugmaker but was later reduced 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 being appealed or concluded. Out of 41 trials, 32 have ended in an outcome for J&J either through a mistrial or plaintiff verdicts that were dismissed after appeal. Talcum powder lawsuit news. The company also in 2020 moved to settle around 1000 cases at a cost of the sum of $100 million. Bloomberg announced at that time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Talcum Powder Lawsuit News
Our lawyers are handling baby powder cases in every state. The talcum powder lawsuits for Johnson & Johnson have been ongoing for many years. Talcum powder lawsuit news. The lawsuits claim that the long-term use of talcum powder (or “talc”), the active ingredient in many products, including Shower to Shower Powder and Shower to Shower which can cause ovarian cancer in certain women.
This article provides a J&J update on the talc power litigation and discusses how the upcoming bankruptcy ruling affects the final settlement amounts of the ovarian cancer lawsuits.
Did the deadline expire for you to make a claim for talcum powder? Many who believe that the time limit has expired to sue Johnson & Johnson are wrong. Call us at 800-553-882 or request a no-cost and quick review of your case online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Talcum Powder Lawsuit News
June 2, 2023 Update: During an asbestos talc court trial held in California yesterday, technical issues interrupted the opening statements made by defense attorneys. Talcum powder lawsuit news. Jurors who were watching from home on Zoom however, heard Johnson & Johnson’s lawyer expressing doubt about the 70s research claiming asbestos was present in their product prior to the trial was abruptly closed.
Meanwhile, the plaintiff had the opportunity to introduce an initial witness Arthur Langer. Langer said that the presence of other minerals in the talc mineral is a given. He also testified that his team was notified by J&J in 1971 about the presence of chrysotile asbestos in the talc of the company, but at lesser than 0.1 percent. He also discovered more asbestos in the year 1976.
June 1st, 2023 Update: Talcum powder lawsuit news. The first trial since J&J took the decision to disband its Talc segment and file for bankruptcy marks an important moment for the ongoing lawsuit controversy. The trial started yesterday in the tragic trial of a young plaintiff who was diagnosed with an aggressive and rare form of mesothelioma in the past year, a diagnosis lawyers on both sides believe is a harrowing tragedy.
The opening statements exposed the stark differences in each side’s narrative. The attorney representing the plaintiff took aim on Johnson & Johnson, alleging the use of misleading methods in their research practices as well as throughout the litigation procedure. The attorney claims that, according to, Johnson & Johnson tried to alter asbestos’ definition, in spite of internal documents from between 1978 and 1994 that showed asbestos fibers found in tissues of the plaintiff are part of.
Johnson &J’s highly uncertain $8.9 billion settlement proposal hangs in the balance with the progress of this trial. Despite the particularity of this mesothelioma lawsuit and its distinct issues compared to most talcum powder lawsuits A verdict in favor of the plaintiff could be a serious setback to J&J’s hopes for broad acceptance of their proposed settlement with plaintiffs.
May 31 2023 Update: Johnson and Johnson’s bankrupt talc division strongly defended their Second Chapter 11 filing in the in the face of challenges from talc injury claimants. In an objection submitted to the New Jersey bankruptcy court, the subsidiary argued that the situation was fundamentally different from the previous filing. The subsidiary emphasized the record-breaking commitment of $8.9 billion from J&J which is the largest settlement ever made in a mass tort bankruptcy case. Talcum powder lawsuit news. The issue is not discussed: whether the size of the settlement implies that it is a fair settlement. J&J also claimed that it received support from several plaintiffs’ legal companies representing over 600,00 claimants. This is difficult to verify but likely incorrect.
May 24 2023 Update: In the wake of Johnson and Johnson’s bankruptcy filing in 2021 filing, the first trial on its cosmetic talc products that are believed to that contain asbestos is scheduled to start jury selection on Monday, California with Alameda County Superior Court, which is a well-known place for plaintiffs. The plaintiff claims that his mesothelioma was triggered by asbestos exposure in J&J’s product which that the company has denied. The trial also includes 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 chosen to fill the position of future claims representative, a role that is critically important to resolving the claim for talc. Talcum powder lawsuit news. Randi Ellis, a lawyer who frequently appears in MDLs all over the nation, was appointed as the claims representative during the first bankruptcy. J&J’s defense attorneys want Ellis to be appointed to that role yet again, but the lawyers for the talc plaintiffs are protesting due to the fact that Ellis has a conflict of interest which would prohibit her from assuming that position for the second time. The issue stems from the issue that Ellis was reportedly involved in drafting the hotly litigated second bankruptcy, which raises questions about her capacity to be neutral. The reality is this bankruptcy is likely to be dismissed regardless.
May 17, 2023 Update The pretend company that J&J put together to handle the bankruptcy of talc disclosed to an New Jersey bankruptcy court that they have allocated $400 million to settle the claims made by states accusing the company of misleading advertising regarding its talc products. Talcum powder lawsuit news. That’s an $8.5 billion settlement for cancer victims. It’s hard to imagine any scenario in which J&J will be able to push the settlements of baby powder through with these numbers. While J&J’s $8.5 billion offer might seem like a lot at first, it does not appear appealing when you look at the numbers. This settlement proposal – by our estimates – will not offer victims anything more than $100,000 per instance. That’s not enough.
May 15th, 2023, Update J&J could be facing lawsuit brought by an advocacy group that represents cancer patients. Talcum powder lawsuit news. The group argues that J&J intentionally canceled an $61.5 billion funding agreement with its subsidiary, LTL Management LLC, to create the appearance of financial hardship and confirm the unit’s Chapter 11 bankruptcy filing. The group asserts this action amounts to a fraudulent transfer of right to compensation for victims. They will investigate J&J’s actions following of the dismissal of LTL’s first bankruptcy suit.
May 10 2023 Update: The following week this week, this week the U.S. Bankruptcy Court in New Jersey will hear oral arguments in a motion reject the second bankruptcy filing from J&J company LTL Management. However, in the meantime, LTL Management has filed an Order that requires both parties to take part in a new settlement negotiation with the hopes of achieving the global settlement can be come to fruition.
May 5th, 2023 Update: The talc supplier Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to many lawsuits claiming that its talc products cause cancer due to asbestos exposure. Talcum powder lawsuit news. Over 2,700 people have sued the firm, and it was spending $1 million a month to defend itself. The company’s latest $29 million verdict that was handed down in South Carolina forced it to file for bankruptcy protection, arguing for equitable distribution of assets among talc claimants instead of being confiscated in the hands of the receiver. Other talc suppliers have also filed for bankruptcy due to litigation.
May 4, 2023, Update U.S. bankruptcy judge Michael Kaplan has directed Johnson & Johnson to restart talks with lawyers who rebuffed the company’s proposed $8.9 billion deal. At Trenton, New Jersey yesterday, the parties appeared before a judge to discuss next steps in another bankruptcy proceeding. Judge Kaplan was pushing for more settlement discussions.
This is the best way to settle these claims for J&J. A settlement for baby powder can be achieved. Talcum powder lawsuit news. But it will require additional money – perhaps billions of dollars from Johnson & Johnson.
Lawyers are split on whether or not to agree with the proposal and not all clients see the situation the same way their lawyer views it. The second bankruptcy case is expected to go nowhere 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 patients suing Johnson & Johnson (J&J) demanded that J&J’s Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it attempts to block litigation regarding talc-related products. The group representing the claimants has filed a motion this week requesting that the Third Circuit to consider their case and to send it back an earlier court with instructions for dismissing the bankruptcy. Talcum powder lawsuit news. The committee also requested that the lawsuit against the halted torts of J&J continue to continue.
LTL applied for Chapter 11 protection once again after its first bankruptcy filing was denied by the Third Circuit earlier this year and offered a $8.9 billion settlement. The committee argues that the recent ruling allowing LTL’s second Chapter 11 to continue, in addition to halting trials against J&J, warrants the immediate Third Circuit review. The US Trustee also requested that be the New Jersey bankruptcy court dismiss the LTL bankruptcy case. J&J’s vice president for global litigation Erik Haas, was quoted by Bloomberg as saying that J&J plans to file a statement in the appeals court calling the request a “desperate and legally deficient plan” by a few of law firms who have different financial interests.
May 1st 2023 Update: A common question that people ask is how plaintiffs and their lawyers be able to turn off $8.9 billion. That’s of course an enormous amount of money. However, there are lots of victims. Talcum powder lawsuit news. These are an excellent case for plaintiffs. We were reminded of this recently when two talc cases resulted in big verdicts for the plaintiffs. In February the mesothelioma case involving talcum powder trial in Oregon was settled with an award of $18.1 million. The following month, a second mesothelioma-related talc case went to the court within South Carolina and resulted in a verdict of $29 million in favor of plaintiff. Both cases were defended by Whittaker, Clark & Daniels Inc. One of the top manufacturers of talc in U.S.
April 30th 2023 Update: J&J initially tried to take the talcum powder litigation into bankruptcy, it did so with an offer to reserve $2 billion for settlements. This was an absurdly low amount. The talc plaintiffs had not supported the offer. This time around, however, J&J has increased the offer to $8.9 if the talc plaintiffs are willing to accept bankruptcy settlements and also has the support of a substantial part of the talc-related plaintiffs as well as their lawyers. Talcum powder lawsuit news. But with 75% of talc plaintiffs, which is required for bankruptcy plan approval It’s a long and difficult process since there are so many lawyers with massive collections of baby powder lawsuits opposed against the proposed settlement.
What could solve the impasse? More billions.
April 25 2023 update: Talc cancer claimants have demanded a judge reject their Chapter 11 case filed by LTL Management LLC, a absurdly fabricated Johnson & Johnson subsidiary, saying the company is not financially strained. LTL filed for Chapter 11 to settle tens of thousands of claims that J&J’s baby products caused cancer. Talcum powder lawsuit news. In the end, however, the 3rd Circuit dismissed its first Chapter 11 case in January The court ruled that LTL was not a candidate for bankruptcy relief as it did not show financial stress.
The plaintiffs argue that LTL’s Second Chapter 11 case is an overreach of the bankruptcy system, and that the case is being handled in bad faith. J&J states that the bankruptcy settlement is backed by “significant support” from the firms that represent around 60,000 claimants. It’s fair to say that lawyers representing plaintiffs and victims are divided over what they believe is an $8.9 billion offer for settlement.
April 21, 2023 Update: A bankruptcy judge ruled in favor of Johnson & Johnson must face new lawsuits claiming that the company offered a baby powder with a contaminant that caused cancer. Although the trials for the lawsuits involving talc are delayed for at least 60 days however, new lawsuits may be filed, and lawyers are able to begin preparing their cases. Talcum powder lawsuit news. The judge expressed his doubts about J&J’s attempt to relaunch its strategy in another bankruptcy case.
April 13th, 2023 Update: The major news is the $8.9 billion over the course of 25 years of settlement. Lawyers representing cancer victims who are part of the MDL class action have pledged to fight the settlement along with Talc claimants. Why? They believe it’s not enough money for those suffering from cancer who are 70,000. Talcum powder lawsuit news. They argue that J&J should seek a bigger settlement or litigate individual claims if the latest bankruptcy is dismissed.
There is a different group of lawyers outside of the leadership in this class action. The lawyers collectively have accumulated tens of thousands of cases. The group is seeking to settle the case now for what many argue is far less than what these victims deserve. Their argument seems to be two-fold. First, they argue that the settlement – about 100 million dollars on average per plaintiff – is fair.
It’s a difficult argument to prove. But their second argument has more substance: the victims will be no longer patient and demand their money today.
April 12, 2023 Update: People are seeking out how J&J could file for bankruptcy once more. The answer is complex and complicated. However, let’s attempt to explain it simply.
Johnson & Johnson asserts that bankruptcy is the only way to deal with both present and future talc lawsuits conclusively. Also, it believes that it will be less expensive should there be the bankruptcy element which applies pressure to negotiate a settlement. Talcum powder lawsuit news. Moving past 400 years of American history, the firm asserts that bankruptcy benefits everyone by dispersing settlement payments more evenly 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 case of the profit-making company that has subsidiaries to meet the legal risk and declare bankruptcy – Congress considered when it was drafting the Bankruptcy Code. It also clarified that the subsidiary was not financially difficulty because J&J promised unlimited funding.
Thus, J&J took advantage of the unlimited funding portion of the holding and did not promise to offer unlimited funding for litigation. The company claims that revised financing arrangements with its subsidiary will address appeals court’s concerns while still offering funds to pay claims. As if providing victims with lower amounts of money would resolve the underlying issue.
Lawyers representing cancer patients who do not agree with the agreement counter this with what you conclude is a defense against legal nonsense by pointing out legal nonsense: J&J fraudulently transferred $50 billion of assets from LTL Management to circumvent the appeals court’s earlier decision. Hyperbole did not go unnoticed attorneys representing the victims claim this the biggest “fraudulent transaction of assets in United States history.”
In spite of the legal jargon, J&J does not really believe this bankruptcy will be able to last. It is however a method of trying to push this $8.9 billion settlement and keep pressure on plaintiffs.
April 10 2023, Update Bloomberg has an interesting report on a brand new law that has been passed in New Jersey that is shedding new light on the funding of litigation in the baby powder Class action suit. Funders of litigation Virage Capital Management and TRGP Capital invested in hundreds of claims that were brought against Johnson & Johnson (J&J) on behalf of talc products. They exchanged for a percentage of any wins. J&J has now offered to pay $8.9 billion to settle lawsuits.
The involvement of funders is public information because of an New Jersey court rule requiring the disclosure of certain information regarding outside funding backers. The law is designed to address the growing calls for regulation of the litigation funders. J&J is facing more than 60,000 claims when you add up state and federal infant powder litigation. Third-party financing in mass tort cases has its pros and pros and. There is no doubt that we are witnessing the ways that third-party funding can even the playing field for individuals and big corporations in court.
April 4 2023 Update: It’s interesting to watch the worm turning in this case. J&J has taken another blow this week, when the Third Circuit denied J&J’s request to keep the automatic stay in place while J&J appeals an appeal at the U.S. Supreme Court. The automatic stay has frozen hundreds of cases involving talcum powder and stopped new lawsuits from arising ever since J&J began the controversial plan to spin the talc liability into a bankrupt subsidiary over one year earlier. Talcum powder lawsuit news. When it was decided that the 3rd Circuit ruled that this bankruptcy was not valid only a few months back, the stay was lifted. J&J had hoped to have it remain in effect until 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. There is a chance that the Supreme Court is willing even to consider the appeal? Low.
March 16, 2023 Update: with the bankruptcy stay now in effect, 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 brought into the MDL over the last month increasing the number of cases that are pending to 37,522.
February 25 2023 Update: A Congressmen from Tennessee is now demanding that the U.S. Government Accountability Office (GAO) launch an investigation into the amount J&J product containing talc has cost the government over the decades.
In a recent letter addressed to the GAO, Rep. Steven Cohen (D-Ten.) claimed that 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 lawsuit comes just a few weeks after J&J’s loss to the 3rd Circuit Court of Appeals.
Talcum powder lawsuit news. J&J should begin to make reasonable settlements for victims in order getting this behind. It is a stain on one of the world’s greatest businesses.
February 14 , 2023 Update: At an earlier hearing at the hearing in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention to follow the third U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.
You May be Entitled to Significant Compensation Talcum powder lawsuit news. 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!