You May be Entitled to Significant Compensation Asbestos class action lawsuits. 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 pay $440 million US state AGs. Asbestos Class Action Lawsuits .
Johnson & Johnson (JNJ.N) has set aside $400 million to settle U.S. state consumer protection actions as part of its larger $8.9 billion plan to settle allegations that it’s Baby Powder and other talc ingredients cause cancer. Asbestos class action lawsuits.
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 the bankruptcy settlement. Asbestos class action lawsuits. J&J has stated that its Talc products are safe and don’t cause cancer. The company is trying for a second time to resolve more than 38,000 lawsuits filed in bankruptcy and stop new cases from coming forward in the future.
LTL’s bankruptcy plan would pay $400 million to a separate trust for claims brought by state attorneys general claiming that J&J had violated state unfair business practices as well as consumer protection laws, by deceiving consumers regarding the security of its talc-based products.
Several states had begun consumer protection lawsuits against J&J prior to the first bankruptcy filing stopped those investigations from taking place in 2021. Asbestos class action lawsuits. New Mexico and Mississippi had already filed lawsuits 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 documents.
New Mexico and Mississippi have decided to declare LTL’s bankruptcy unfinished in a joint move with cancer victims and those affected by cancer and the U.S. Justice Department’s bankruptcy watchdog. They argue that a profit-making company such as J&J is not eligible for bankruptcy protections aimed at the struggling debtors.
The first attempt by LTL to resolve the lawsuits in bankruptcy was rejected after the same arguments. The U.S. appellate court decided it was not LTL had not been in “financial distress” and was not eligible for bankruptcy protection. Asbestos class action lawsuits. LTL had filed for bankruptcy again less than two hours after the dismissal, saying that its second attempt was different as it had less money and more support for a settlement.
New Mexico and Mississippi said in their motion for dismissal that LTL’s latest bankruptcy violation of state law enforcement powers by seeking to unilaterally limit LTL’s liability to state consumer protection actions.
Asbestos Class Action Lawsuits
LTL’s recent filings also provided more details on how the company would evaluate and settle cancer claims in the event that the bankruptcy plan is approved.
The maximum amount under the settlement would be $500,000 to those diagnosed with cancer of the mesothelioma ovary before the age of 45, and $260,000 for patients 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, the history of using talc and other factors. Asbestos class action lawsuits. For instance an individual who was using talc products on a weekly basis, who had an ovarian cancer family history, cancer and was diagnosed with an ovarian cancer stage II by age 55 might qualify for a $21,125 payment under the settlement plan.
Judge ordains J&J and talc opponents to discuss settlement negotiations.
Following another hearing in Johnson & Johnson’s attempt to implement a Texas Two-Step bankruptcy strategy to resolve talc litigation and federal bankruptcy judge Michael Kaplan has ordered the company and those opposing the plan to enter into talks to reach a settlement, Bloomberg reports.
In its second bankruptcy effort for LTL management, a subsidiary founded by J&J to handle the claims company offered a settlement of $8.9 billion. Asbestos class action lawsuits. While one firm representing plaintiffs supports the offer, another group is against the settlement.
In the last week, an opposition group, known as the Official Committee of Talc Claimants, urged the bankruptcy court to dismiss the case by argument that LTL is not considered to be to be in financial trouble.
“The filing is an incredibly legal and ineffective attempt by a tiny number of law firms to try to block claimants from voting on the resolution plan – a plan that the vast majority of claimants favor,” J&J’s litigation chief Erik Haas, said in an announcement. Asbestos class action lawsuits. “The law firms involved in the filing are pursuing financial interests which clash with, differ from and contravene those they represent. We’ll soon submit an answer before the court of appeals.”
Asbestos class action lawsuits. Clay Thompson, a lawyer for MRHFM which includes more than mesothelioma victims who have sued J&J for bankruptcy, told the company’s second bankruptcy try failed.
“J&J issues press releases about how great the plan is but simultaneously requesting that details of the plan, such as what the individual sick individuals would be treated to,” Thompson said in an email. “What does the company have to hide?”
Kaplan has commanded the parties to create a restructuring plan, with supervision by two mediators.
As of February 2022 Kaplan affirmed the ability of J&J’s use of Chapter 11 to hasten a settlement that would relieve J&J from the tens of thousands of claims over its talcum products.
But in January of this year an appeals court of the federal government overturned the ruling, ruling that the company could not be considered in “financial trouble.”
The J&J’s plan to make an appeal before the U.S. Supreme Court was denied in April, J&J declared bankruptcy roughly two hours after. In response to that move, Kaplan froze the lawsuits for 60 days to decide whether to grant to file for bankruptcy again.
J&J’s unstoppable profit engine sputters after $6.9B settlement charge for talc.
With the two Chapter 11 attempts, J&J has purchased 19 months of which cases have been held. Asbestos class action lawsuits. The company is requesting that claimants accept their settlement. J&J will require 75% acceptance in order for the agreement to be accepted.
In addition to the team of talc lawyers who criticised the company’s bankruptcy in the U.S. Trustee, the U.S. Trustee which is a division that is part of the U.S. Department of Justice is also submitting a motion to dismiss LTL’s second bankruptcy case.
In a recent filing, U.S. trustee Andrew R. Vara wrote that the doors of the bankruptcy court are “open to honest but unfortunate debtors.” The doors “are not accessible to those that do not have a legitimate reason or want to use bankruptcy to delay or hinder their creditors,” Vara continued.
On the other hand, J&J maintains there is no conclusive evidence that its Talc-based products, such as 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 seeks to avoid the cost of going to court. The company has won most of the cases that have been resolved in court, however some losses have been very severe.
A highly publicized trial in Missouri ended in an $4.7 billion verdict against the drug company and was later lowered to $2.1 billion following 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 resolved. Out of 41 trials 32 ended with an outcome for J&J as well as mistrials or verdict for a plaintiff that was reversed in appeal. Asbestos class action lawsuits. The company also in 2020 moved to settle around 1,000 cases worth the sum of $100 million. Bloomberg announced at that time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Asbestos Class Action Lawsuits
Our lawyers are handling the baby powder litigation in every state. The talcum powder lawsuits in the case of Johnson & Johnson have been ongoing for years. Asbestos class action lawsuits. The lawsuits allege that prolonged use of talcum powder (or “talc”), the active ingredient in products like baby Powder or Shower to Shower, can cause ovarian cancer among some women.
This article provides the J&J update on the talc power litigation and explains how the forthcoming bankruptcy ruling will impact the final settlement amounts of these Ovarian Cancer lawsuits.
Is the deadline for you to start a lawsuit against talcum powder? Many who believe the time limit has expired to sue Johnson & Johnson are wrong. Call us today at 800-553-8082 or get a free and quick case review online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Asbestos Class Action Lawsuits
June 2 2023 Update: At the asbestos talc case which took place in California yesterday, some technical issues halted the opening speech of defense lawyers. Asbestos class action lawsuits. The jurors, attending from home on Zoom, did hear Johnson and Johnson’s lawyer express doubt about the 70s research that claimed asbestos was present in their product prior to the trial was abruptly closed.
In the meantime, the plaintiff was able to present an initial witness Arthur Langer. Langer explained that the occurrence of additional minerals along with the talc’s mineral content is inevitable. He said that his team had notified J&J in 1971 about the presence of asbestos chrysotile in the talc produced by the company, although with just 0.1 percent. He also uncovered more asbestos in 1976.
June 1, 2023 Update: Asbestos class action lawsuits. The first trial since J&J decided to spin off its talc division and declare bankruptcy marks an important turning point in the ongoing talc lawsuit story. Trial started on Monday in the poignant case of a young 24 year-old plaintiff who was diagnosed with a rare and aggressive form of mesothelioma last year. which both sides acknowledge is a grave tragedy.
Opening statements revealed the distinct differences between each side’s narrative. The attorney representing the plaintiff aimed his ire at Johnson & Johnson, alleging that the company employed deceitful tactics in research practices and throughout the litigation process. According to the attorney, the company attempted to manipulate asbestos’ definition, despite internal documents dating back to 1978 and 1994 showing that asbestos fibers in the tissue of the plaintiff are included.
Johnson &J’s highly uncertain $8.9 billion settlement proposal hangs in the balance as we progression of this trial. Despite the unique nature of the mesothelioma trial and the unique issues it faces compared to other lawsuits involving talcum powder, a verdict favoring the plaintiff could be a serious setback to J&J’s hopes for broad acceptance of their settlement proposal among plaintiffs.
May 31st 2023: Update from Johnson and Johnson’s bankrupt talc division was able to defend its 2nd Chapter 11 filing in the opposition of victims of talc injuries. In an appeal to the New Jersey bankruptcy court, the subsidiary argued that the filing differed fundamentally from the prior filing. The subsidiary emphasized the record-breaking commitment of $8.9 billion in settlement from J&J the biggest settlement ever to be made in an bankruptcy case involving mass torts. Asbestos class action lawsuits. There was no mention of how this amount signifies that it’s an equitable settlement. J&J also claimed that it received support from numerous plaintiffs’ law firms representing more than 60,000 claimants. This is not easy to confirm but it’s likely to be false.
May 24, 2023 Update: Since Johnson & Johnson’s 2021 bankruptcy filing, the very first trial on the cosmetic talc products it claims to containing asbestos is set to start jury selection Monday in California in Alameda County Superior Court, a historically good place for plaintiffs. The plaintiff claims his mesothelioma was caused by asbestos exposure from J&J’s products, an allegation the company is denying. The trial also involves six retailers accused of selling talc products.
May 22nd, 2023 Update Lawyers involved in the second J&J talc bankruptcy are battling over who should be chosen to fill the position of the future claims representative, the role is crucially important to resolving the Talc claims. Asbestos class action lawsuits. Randi Ellis, a lawyer who is frequently involved in MDLs throughout the United States was appointed the claims representative in the first bankruptcy. J&J’s defense attorneys want Ellis to be appointed to that role and again, but attorneys for the talc plaintiffs have raised objections on the grounds that Ellis has an interest conflict which should stop her from taking on that role once more. This conflict is rooted in the fact that Ellis was involved in drafting the controversially contesting second bankruptcy, which raises doubts regarding her capacity to remain neutral. It’s true that this bankruptcy is likely to be tossed out anyway.
May 17, 2023 Update The pretend company that J&J made up for the talc litigation bankruptcy informed an New Jersey bankruptcy court that they have allocated $400 million to settle claims of states that accuse J&J of misleading marketing for its talc-based products. Asbestos class action lawsuits. It’s a $8.5 billion settlement to cancer victims. It is hard to imagine a scenario where J&J will be able to push these baby powder settlements through with these numbers. Although J&J’s $8.5 billion offer may seem like a huge sum initially, it may not look good after you calculate the figures. This settlement proposal – by our estimates – will not be able to pay victims more than an average settlement $100,000 per instance. This isn’t enough.
May 15 2023 Update J&J could be facing lawsuit by an advocacy group representing cancer patients. Asbestos class action lawsuits. The group claims that J&J intentionally canceled an $61.5 billion contract for funding in conjunction with its affiliate, LTL Management LLC, to create the appearance of financial hardship and verify the unit’s Chapter 11 bankruptcy filing. The group argues that this act amounts to a fraudulent transfer of rights of compensation for victims. They will investigate J&J’s actions after the announcement of the denial of LTL’s first bankruptcy suit.
May 10 2023 Update: During the next week in next week, the U.S. Bankruptcy Court in New Jersey will hear oral arguments in a motion reject the second bankruptcy filing of J&J company LTL Management. However, in the meantime the bankruptcy has issued an order calling for both parties to take part in a second settlement mediation in the hope that it will be possible to reach a global settlement agreement reached.
May 5th 2023: Update on Talc supplier Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to many lawsuits claiming that its talc products cause cancer from asbestos exposure. Asbestos class action lawsuits. Over 2,700 individuals have sued the firm and it is spending $1 million a month on legal defense. The company’s most recent $29 million verdict in South Carolina forced it to seek bankruptcy protection, arguing for an equitable distribution of assets between the claimants of talc instead of being taken through the receiver. Other talc suppliers have also been forced to file for bankruptcy as a result of litigation.
May 4 2023 Update U.S. Court of Bankruptcy Michael Kaplan has directed Johnson & Johnson to restart negotiations with lawyers who rejected the proposed $8.9 billion offer for settlement. At Trenton, New Jersey yesterday the parties appeared in court to discuss the next steps in their second bankruptcy matter and Judge Kaplan was pushing for more settlement discussions.
This is the solution to resolve the claims of J&J. A settlement for baby powder can be achieved. Asbestos class action lawsuits. But it will require more money – billions of dollars of 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 sees it. This second case of bankruptcy is destined to fail with Judge Kaplan has scheduled a hearing for June to determine whether to discharge the bankruptcy for the 2nd time.
May 3 2023 Update The group of cancer patients who have sued 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 an attempt to derail litigation over talc products. The group representing the claimants submitted a motion on Tuesday, asking to the Third Circuit to consider their appeal and return the case the lower court with instructions to dismiss the bankruptcy. Asbestos class action lawsuits. They also requested that the stopped tort litigation against J&J continue to proceed.
LTL requested Chapter 11 protection once again following the bankruptcy filing it made earlier was denied in the Third Circuit earlier this year with the possibility of an $8.9 billion deal. The committee argues that the recent ruling, which allows the second Chapter 11 to continue, and also stopping trials against J&J, warrants the immediate Third Circuit review. The US Trustee requested an New Jersey bankruptcy court dismiss the LTL bankruptcy case. J&J’s global vice president of litigation, Erik Haas, was quoted by Bloomberg saying that J&J intends to file a reply to the appeals court calling the request an “desperate and legally flawed move” by a select group of law firms that have competing financial interests.
May 1 2023 Update: One question people keep asking is how plaintiffs and their lawyers be able to turn off $8.9 billion. That’s of course an enormous amount of money. But there are a lot of victims. Asbestos class action lawsuits. And these are really good cases for plaintiffs. We were reminded of this last week in two talc trials which resulted in big verdicts for plaintiffs. In February, a talcum powder mesothelioma trial in Oregon was settled with the verdict in the amount of $18.1 million. A month later, another mesothelioma trial involving talc was held for trial within South Carolina and resulted in a verdict of $29million to the plaintiff. Both cases were defended by Whittaker, Clark & Daniels Inc. one of the top suppliers of talc in the U.S.
April 30th, 2023 Update: When J&J first tried to bring the talcum powder litigation into bankruptcy, they came with the option of putting aside $2 billion to settle the case. The sum was ridiculously low. The talc plaintiffs had not supported the offer. However, this time, J&J has increased the offer to $8.9 if the talc plaintiffs will allow a bankruptcy settlement and they have the support of a large part of the talc-related plaintiffs and their attorneys. Asbestos class action lawsuits. However, 75% of plaintiffs who are a talc, which is required to approve bankruptcy plans, it a tough road with so many lawyers with vast inventory of baby powder litigations opposed to the settlement.
What can be done to end the impasse? More billions.
April 25 2023 Update Talc plaintiffs have sought a court order to disqualify their Chapter 11 case filed by LTL Management LLC, a absurdly fabricated Johnson & Johnson subsidiary, declaring that the company isn’t financially strained. LTL filed for Chapter 11 to settle tens of thousands of claims that J&J’s baby products caused cancer. Asbestos class action lawsuits. It was 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 had not demonstrated financial difficulties.
The claimants contend that the third Chapter 11 case is an abuse of the bankruptcy system and the case is being handled in bad faith. J&J asserts that the bankruptcy settlement has “significant support” from the firms that represent an estimated 60,000 people who are claiming. It’s safe to say that lawyers representing plaintiffs and the victims are split over what they believe is an $8.9 billion amount of settlement offered.
April 21st, 2023 Update A bankruptcy judge has decided that Johnson & Johnson must face new lawsuits claiming that the company sold tainted baby powder causing cancer. While trials in Talc lawsuits are suspended for at least 60 calendar days but new lawsuits can be filed and lawyers will begin preparing their cases. Asbestos class action lawsuits. The judge expressed his doubts about J&J’s pathetic attempt to revive its strategy by filing another bankruptcy case.
April 13th, 2023 Update: The big story is that there’s an $8.9 billion over 25 years settlement offer. Lawyers representing cancer victims involved in the MDL group action pledged to fight the settlement alongside talc claimants. Why? They believe it’s not enough money for those suffering from cancer who are 70,000. Asbestos class action lawsuits. The lawyers say that J&J should negotiate a bigger settlement or even litigate individual claims if the latest bankruptcy is thrown out.
But there is another lawyer group that isn’t part of the leadership in that class action. These lawyers have collectively amassed the equivalent of tens of thousands of lawsuits. This group wants to settle now with what they believe is less than these victims deserve. Their argument seems to be two-fold. First, they argue the settlement – about 100 million dollars on average per plaintiff is fair.
This argument isn’t easy to argue. But their second argument has more teeth: victims can no longer wait and want their money today.
April 12, 2023 Update: People are looking for ways J&J is able to file for bankruptcy once more. The answer is complex and complicated. But let’s try to explain it in simple terms.
Johnson & Johnson asserts that bankruptcy is the only way to address both present and future lawsuits involving talc conclusively. That is, it thinks it can get a lower rate when there is an element of bankruptcy that puts pressure to negotiate a settlement. Asbestos class action lawsuits. Driving past more than 400 years in American past, the company asserts that bankruptcy benefits all parties because it distributes settlements more equally and effectively than trial courts, where some litigants receive significant award while others do not.
The gist of this 3rd Circuit decision was this is not a case of an enterprise that is profitable, forming a subsidiary to take the legal liability and declare bankruptcy – Congress contemplated when drafting the Bankruptcy Code. But it also said that the entity was in financial trouble because J&J assured it of unlimited funding.
Thus, J&J took advantage of the unlimited funding aspect of the deal and didn’t promise to provide unlimited funding for the litigation. The company claims that its new financing agreements with its subsidiary will address appeals court’s concerns while still supplying funds for claim payments. As if offering victims less money would solve the overall issue.
Attorneys representing cancer patients who are against the agreement argue this with what you conclude is countering legal nonsense legal absurdity: J&J fraudulently transferred $50 billion of assets away from LTL Management to circumvent the appeals court’s earlier ruling. Hyperbole did not go unnoticed: victims’ lawyers call it the most significant “fraudulent deal in United States history.”
In spite of the legal jargon, J&J does not really think that the bankruptcy will endure. But it is a way of trying to push this $8.9 billion settlement and keep pressure on plaintiffs.
April 10 2023 update: Bloomberg is running an intriguing piece on a law that has been passed within New Jersey that is shedding new light on litigation funding in the baby powder Class action suit. Funders of litigation Virage Capital Management and TRGP Capital invested in hundreds of lawsuits against Johnson & Johnson (J&J) regarding talc products, in exchange for a share of any settlements. J&J has now offered the payment of $8.9 billion to settle lawsuits.
The involvement of funders is publicly available because of an New Jersey court rule requiring the disclosure of certain information about funding sources outside of the. The rule aims to respond to the increasing calls for regulation of the litigation funders. J&J has more than 60,000 claims when you take into account state and federal child powder-related lawsuits. Third-party funding for mass tort lawsuits has both pros and cons. There is no doubt that we are seeing how third-party financing can help level the playing field between individuals and large 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 an appeals court in the Third Circuit denied J&J’s request to continue the automatic stay during the time that J&J appeals a bankruptcy ruling at the U.S. Supreme Court. The automatic stay has stopped thousands of talcum powder cases and stopped new lawsuits from arising ever since J&J started the controversial process to spin talc-related liabilities into a bankrupt subsidiary over a year earlier. Asbestos class action lawsuits. After the 3rd Circuit ruled that this bankruptcy was invalid a few months ago, the stay was lifted. J&J was hoping to have it remain in effect until the SCOTUS appeal. 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. There is a chance that the Supreme Court is willing even to hear the appeal? Low.
March 16th 2023 Update: With the bankruptcy stay officially lifted, the very first new cases have been filed and transferred into the talcum powder class action MDL in just over a year. Seven new talc lawsuits have been joined to the MDL in the last month and brought the total number of cases in the pending process up to 37,522.
February 25 2023 Update The following information is available: A Congressmen from Tennessee is now demanding that authorities from the U.S. Government Accountability Office (GAO) launch an investigation into how much J&J products containing talc have cost the government in the many years.
Recently, in an open letter addressed to the GAO, Rep. Steven Cohen (D-Ten.) accused J&J of ignoring the risks of its talc product for long while tax dollars 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.
Asbestos class action lawsuits. J&J has to begin making reasonable settlement offers to victims, in order in putting this behind. It’s a mark on one of the world’s greatest firms.
February 14 2023 Update: At an appearance today at the 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 Asbestos class action lawsuits. 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!