Asbestos Testing In Talc – Are You Eligible To File A Talc Lawsuit?

You May be Entitled to Significant Compensation Asbestos testing in talc. Johnson & Johnson powders were proven to contain asbestos (a cancer causing agent) and the company failed to notify users of the cancer risk. $2 BILLION has already been awarded to claims. Free To File! No Fees Unless A Settlement Is Awarded!

J&J’s proposed settlement for talc would make payments of $400 million to US state AGs. Asbestos Testing In Talc .

Johnson & Johnson (JNJ.N) has set aside $400 million to resolve U.S. state consumer protection actions as part of its broader $8.9 billion deal to settle allegations that it’s Baby Powder and other talc-based ingredients cause cancer. Asbestos testing in talc.

J&J affiliate LTL Management filed a bankruptcy plan in New Jersey late on Monday which outlines how the company will pay various types of cancer victims in bankruptcy settlement. Asbestos testing in talc. J&J has claimed that its Talc products are safe, and won’t cause cancer. It is attempting for an additional time to conclude more than 38,000 lawsuits filed in bankruptcy, and to prevent any new cases from being filed in the near future.
LTL’s bankruptcy plan would pay $400 million into an additional trust to settle claims made in state courts by attorneys general claiming that J&J violated state unfair business practices and consumer protection laws, by deceiving consumers about the dangers of its talc products.

Many states had initiated consumer protection lawsuits against J&J prior to the time that LTL’s bankruptcy filing prevented these investigations from moving forward in 2021. Asbestos testing in talc. New Mexico and Mississippi had already launched actions against Johnson & Johnson before then as well as the states of Arizona, Maryland, North Carolina, Texas and Washington had issued subpoenas or civil investigative demands according to court documents.

 

 

New Mexico and Mississippi have taken steps to halt the bankruptcy of LTL, joining cancer victims and The U.S. Justice Department’s bankruptcy watchdog. argue that a profit-making company such as J&J is not eligible for bankruptcy protections aimed at struggling debtors.
LTL’s first attempt at resolving the bankruptcy-related lawsuits was dismissed following similar arguments. In the end, a U.S. appellate court determined that LTL had not been in “financial financial distress” and was not eligible under bankruptcy law. Asbestos testing in talc. LTL made a new bankruptcy application just over two hours after the dismissal, arguing the second bankruptcy was different due to the fact that it had less money available and had more support for the settlement.

New Mexico and Mississippi said in their motion to dismiss that LTL’s new bankruptcy violates state law enforcement powers by seeking to unilaterally limit the liability of the company in state consumer protection actions.

 

Asbestos Testing In Talc

The filings of LTL’s latest bankruptcy proceedings also include more details on how the company would assess and pay claims for cancer in the event that the bankruptcy plan is approved.

The most significant payments under the settlement will be $500,000 for people diagnosed with mesothelioma terminal prior to age 45. Asbestos testing in talc. The second payment would be $260,000 for those who have been diagnosed with advanced ovarian cancer prior to age 45.

From there, the proposed settlement will offer discounts based on the kind and severity of cancer, an individual’s years of age, their history of talc use and other factors. Asbestos testing in talc. For instance an individual who was using daily talc products, had an ancestral history of ovarian cancer, and was diagnosed with Stage II cancer of the ovary at the age of 55 could be in line for a $21,125 payment under the plan.

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

Following another round of hearings in Johnson &Johnson’s attempt to utilize a Texas Two-Step bankruptcy strategy to resolve talc litigation, federal bankruptcy Judge Michael Kaplan has ordered the company and those opposed to the move to conduct settlement talks, Bloomberg reports.

With its second bankruptcy bid for LTL Management–a subsidiary established by J&J to hold the claims–the company offered a settlement of $8.9 billion. Asbestos testing in talc. While one firm representing plaintiffs support the proposal, another group opposes the move.

In the last week, an opposition group, which is known as the Official Committee of Talc Claimants requested the bankruptcy court to dismiss this case asserting that LTL cannot be regarded as in financial hardship.

“The filing is a desperate and legally deficient attempt by a tiny number of law firms to prevent claimants from voting on the resolution plan–a plan that the vast majority of claimants are in favor of,” J&J’s litigation chief Erik Haas, said in an announcement. Asbestos testing in talc. “The law firms involved in this filing have financial interests that clash with, diverge from and contravene those they represent. We’ll soon submit an appeal before the court of appeals.”

Asbestos testing in talc. Clay Thompson, a lawyer for MRHFM which has more than 80 mesothelioma victims who have filed lawsuits against J&J claimed that the company’s second bankruptcy try failed.

“J&J publishes press release about how wonderful the plan is but simultaneously insisting that the details of its plan–including the treatment individual sick people would actually receive–be kept secret,” Thompson said in a statement. “What do they have to keep secret?”

 

 

Kaplan has instructed both sides to come up with another restructuring plan, with the supervision by two mediators.

The court in February of 2022 Kaplan acknowledged J&J’s use of Chapter 11 to hasten a settlement that would relieve J&J from the hundreds of thousands of claims concerning its talcum products.

In January of this year, a federal appeals court ruled against the decision, deciding that the business could not be considered to be in “financial difficulty.”

After J&J’s contest the U.S. Supreme Court was dismissed the same month, J&J applied for its first bankruptcy roughly two hours after. In response to that move, Kaplan froze the lawsuits for 60 days, allowing the company to decide whether or not to accept the second bankruptcy.

J&J’s omnipotent profit engine fails after $6.9B cost of litigation involving talc.

Through 2 Chapter 11 attempts, J&J has been able to buy 19 months in which cases were put on hold. Asbestos testing in talc. J&J wants the claimants to take a vote to accept their settlement. J&J needs 75% support for the settlement to be approved.

In addition to the gang of talc lawyers that criticized the company’s bankruptcy play and the U.S. Trustee which is a division that is part of the U.S. Department of Justice is also submitting an appeal to dismiss LTL’s second bankruptcy case.

In a recent filing, U.S. trustee Andrew R. Vara wrote that the the bankruptcy court are “open to honest but unfortunate debtors.” These doors “are not accessible to those that do not have a legitimate goal or who seek to use bankruptcy to delay or hinder their creditors,” Vara continued.

For its part, J&J maintains there is no evidence conclusive that its products containing talc, such as its iconic baby powder, can cause cancer. J&J has adopted the products from the market and will first launch them to be available in North America in 2020–and the rest of the world this year.

J&J intends to steer clear of the costly business of going to court. The company has won the majority of cases that have been resolved at trial, but certain losses have been extremely punishing.
A high-profile trial in Missouri ended in a $4.7 billion verdict against the drug maker and was later lowered 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 on appeal or have been settled. Out of 41 trials 32 have resulted in winning for J&J or a mistrial, or plaintiff verdicts that were annulled on appeal. Asbestos testing in talc. Additionally, the company in 2020 sought to settle more than 1,000 cases for $100 million, Bloomberg published at the time.

 

Talcum Baby Powder Ovarian Cancer Lawsuit – Asbestos Testing In Talc

Our lawyers are handling baby powder lawsuits across all 50 states. The talcum powder lawsuits in the case of Johnson & Johnson have been ongoing for years. Asbestos testing in talc. The lawsuits contend that the prolonged use of talcum powder (or “talc”), the active ingredient found in products such as the Baby Powder or Shower to Shower and Shower to Shower, could cause ovarian cancer in some women.

This article provides an J&J talc power litigation update and discusses how the upcoming bankruptcy ruling will affect the final settlement amounts of these ovarian cancer lawsuits.

Did the deadline expire for you to bring a talcum lawsuit? Many who believe that the deadline has passed 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 – Asbestos Testing In Talc

June 2 2023 Update: During the trial for asbestos-containing talc which took place in California yesterday, some technical glitches interrupted the opening statements made by defense lawyers. Asbestos testing in talc. Jurors who were watching from home on Zoom however, heard Johnson and Johnson’s lawyer express doubt about the 70s research asserting the presence of asbestos in their product prior to the opening was abruptly ended.

The plaintiff could present the first of their witnesses, Arthur Langer. Langer stated that the presence of additional minerals along with talc is expected. He claimed that his group informed J&J in 1971 about the presence of chrysotile asbestos the company’s talc, albeit in just 0.1 percent. He also uncovered more asbestos in 1976.

June 1st, 2023 Update: Asbestos testing in talc. A trial for the first time since J&J decided to spin off its Talc division and declare bankruptcy marks a pivotal moment of the ongoing litigation saga. The trial began on Tuesday in the tragic case of a young 24-year-old plaintiff, diagnosed with a rare and aggressive form of mesothelioma last year, a diagnosis lawyers on both sides believe is a tragic loss.

The opening statements exposed the huge differences between the sides’ story. The attorney representing the plaintiff took aim on Johnson & Johnson, alleging the use of misleading strategies in its research practices as well as throughout the litigation procedure. The attorney claims that, according to, the company tried to manipulate the definition of asbestos, despite internal documents from the year 1978 and 1994 indicating that asbestos fibers found in tissue of the plaintiff are included.

Johnson & Johnson’s uncertain $8.9 billion settlement deal hangs in the balance with the course of this trial. Despite the distinct nature of the mesothelioma trial and its unique challenges compared to other talcum powder lawsuits A verdict in favor of the plaintiff could inflict an enormous setback for J&J’s hopes of broad acceptance of their proposed settlement with plaintiffs.

May 31st 2023: Update from Johnson & Johnson’s bankrupt talc business strongly defended their 2nd Chapter 11 filing in the facing challenges from talc injury claimants. In an objection submitted to the New Jersey bankruptcy court, J&J’s subsidiary claimed that the situation differed fundamentally from the earlier filing. It also emphasized the unprecedented commitment of $8.9 billion by J&J the largest settlement ever made in the history of a mass tort bankruptcy. Asbestos testing in talc. It was not mentioned how the magnitude of the settlement implies that it is an equitable settlement. J&J also claimed support from a variety of plaintiffs’ law firms that represent over 600,00 claimants. This is difficult to verify however it is likely to be incorrect.

May 24 2023 Update: Following Johnson & Johnson’s 2021 bankruptcy filing, the first trial concerning its cosmetic talc products that are believed to that contain asbestos is scheduled to start jury selection on Monday in California with Alameda County Superior Court, an historically reliable location for plaintiffs. The plaintiff asserts that his mesothelioma is the result of asbestos exposure in J&J’s product, an allegation that the company denies. The trial also involves six retailers who are accused of selling talc-based products.

May 22nd, 2023 Update Lawyers in the 2nd J&J Talc bankruptcy are currently in a dispute over who should be appointed to the post of future claims representative. This is which is vitally critical to resolving claims involving talc. Asbestos testing in talc. Randi Ellis, a lawyer who regularly appears in MDLs throughout the United States was appointed as the claims representative in the previous bankruptcy. J&J’s defense team would like Ellis to be appointed in that position again, but lawyers for the talc plaintiffs are objecting on the grounds that Ellis has an unrelated conflict of interest which would prohibit her from assuming that position for the second time. The conflict stems from the possibility that Ellis was reportedly involved in the drafting of the highly contested second bankruptcy, which raises concerns about her ability to be neutral. The reality is this bankruptcy could be dismissed in the end.

May 17, 2023 Update: The pretend company J&J made up for the talc litigation bankruptcy informed a New Jersey bankruptcy court that they had allocated $400 million to settle the claims of states that accuse the company of deceitful advertising for its talc product. Asbestos testing in talc. So that makes it an $8.5 billion settlement to cancer victims. It’s hard to imagine an eventuality where J&J will be able to push the baby powder settlements with these numbers. While J&J’s proposed $8.5 billion offer may seem like a lot initially, it will not appear appealing after you calculate the figures. This settlement offer based on our rough calculations, would not provide victims with much more than a median settlement of $100,000 per instance. This isn’t enough.

May 15th, 2023, Update J&J may be in the middle of a suit from an advocacy group that represents cancer patients. Asbestos testing in talc. The group claims J&J deliberately withdrew the $61.5 billion contract for funding together with its parent company, LTL Management LLC, to simulate financial distress and validate the unit’s Chapter 11 bankruptcy filing. The group claims that this move could be interpreted as a fraudulent transfer of rights of compensation for victims. They plan to explore J&J’s actions as a result of the dismissal of LTL’s first bankruptcy case.

May 10, 2023 Update: Next week next week, this week the U.S. Bankruptcy Court in New Jersey will hear oral arguments on a motion to reject the second bankruptcy filing of J&J company LTL Management. In the meantime, however, it has approved an order requiring both sides to take part in a settlement mediation hoping that an international settlement agreement can be brokered.

May 5th 2023 Update: Talc provider Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to numerous lawsuits alleging that its Talc products cause cancer from asbestos exposure. Asbestos testing in talc. Over 2,700 individuals have sued the firm and it has been paying $1 million per month to defend itself. The company’s most recent $29 million verdict on the state of South Carolina forced it to seek bankruptcy protection, arguing for equitable distribution of assets between talc claimants rather than being confiscated through the receiver. Other talc suppliers have also filed for bankruptcy due to legal proceedings.

May 4, 2023 Update: U.S. Court of Bankruptcy Michael Kaplan has directed Johnson & Johnson to reopen settlement discussions with lawyers who turned down the company’s proposed $8.9 billion deal. In Trenton, New Jersey yesterday the parties appeared before a judge to discuss the next steps in this second case of bankruptcy. Judge Kaplan encouraged further settlement talks.

This is the way to settle these claims for J&J. The baby powder settlement is likely to get done. Asbestos testing in talc. However, it will require more money – billions of dollars by Johnson & Johnson.

Lawyers are split on whether or not to accept the plan and not every client sees the issue in the same manner their lawyer sees it. A second bankruptcy proceeding is likely to go nowhere the judge Kaplan has scheduled a hearing in June to determine if she will discharge the bankruptcy for the 2nd time.

May 3 2023 Update: A group of cancer victims suing Johnson & Johnson (J&J) requested to have the Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it is a bid to stop the litigation involving talc products. The group representing the claimants made a motion Tuesday requesting to the Third Circuit to consider their case and then send it back the lower court with instructions to discharge the bankruptcy. Asbestos testing in talc. They also asked that halted tort litigation against J&J should be permitted 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 which offered an $8.9 billion agreement. The committee argues that the recent ruling which allowed LTL’s 2nd Chapter 11 to continue, in addition to halting trials against J&J is a reason for the immediate Third Circuit review. The US Trustee has also requested be the New Jersey bankruptcy court dismiss the LTL bankruptcy case. J&J’s global vice-president of litigation Erik Haas, was quoted by Bloomberg declaring that J&J plans to file a statement in the appeals court, characterizing the filing as a “desperate and legally deficient effort” by a few of law firms who have conflicts of financial interests.
May 1, 2023 Update: One question people keep asking is how could plaintiffs and their lawyers turn around $8.9 billion. That’s of course a lot of money. But there are a lot of victims. Asbestos testing in talc. And these are really good case for plaintiffs. We were reminded of this last week with two talc trials have resulted in huge verdicts for plaintiffs. In February mesothelioma, a talcum-based powder trial in Oregon was settled with an award in the amount of $18.1 million. The following month, a second mesothelioma talc case was brought to trials on the other side of South Carolina and resulted in a verdict of $29 million on behalf of the plaintiff. In both instances, the defendant was Whittaker, Clark & Daniels Inc. One of the largest suppliers of talc within the U.S.
April 30th 2023 Update: J&J first attempted to drag the talcum powder lawsuit into bankruptcy, it was met with the option of putting aside $2 billion for settlements. This was an absurdly low amount. All of the talc plaintiffs supported it. This time, J&J has increased the offer to $8.9 if the talc plaintiffs are willing to accept bankruptcy settlements and they also have the support of a substantial section of the talc victims as well as their lawyers. Asbestos testing in talc. However, 75% of plaintiffs of talc are required for bankruptcy plan approval is a difficult road since there are so many lawyers with vast inventory of baby powder lawsuits that are opposed towards the agreement.

What is the solution to this impasse? More billions.
April 25, 2023 update: Talc cancer claimants have asked a judge to dismiss their Chapter 11 case filed by LTL Management LLC, a absurdly fabricated Johnson & Johnson subsidiary, which claims that the business is not financially troubled. LTL filed for Chapter 11 to settle tens of thousands of claims that J&J’s baby powders cause cancer. Asbestos testing in talc. LTL was denied Chapter 11 in January. 3rd Circuit dismissed its first Chapter 11 case in January The court ruled that LTL was not eligible for bankruptcy relief as it failed to show financial distress.

The claimants contend that LTL’s second Chapter 11 case is an fraud on the bankruptcy system, and that it is being pursued in bad good faith. J&J asserts that the bankruptcy settlement has “significant backing” from the firms that represent about 60,000 potential plaintiffs. It’s safe to say that plaintiffs’ lawyers and victims ‘ lawyers are divided on the $8.9 billion deal.

April 21, 2023 Update: A bankruptcy judge decided the company Johnson & Johnson must face new lawsuits alleging that it offered a baby powder with a contaminant that caused cancer. While trials in talc lawsuits are paused for a minimum period of 60 days however, new lawsuits may be filed and lawyers will begin preparing their cases. Asbestos testing in talc. The judge expressed skepticism over J&J’s ridiculous effort to revive its strategy with the second bankruptcy case.

April 13, 2023 Update: The big announcement is an $8.9 billion over 25 year period settlement offered. Lawyers representing cancer patients within MDL class action MDL collective action pledged to fight the settlement along with talc claimants. Why? They argue that it’s not enough for those suffering from cancer who are 70,000. Asbestos testing in talc. The lawyers say that J&J could negotiate a greater settlement or even litigate individual claims if the most recent bankruptcy is dismissed.

But there is another lawyer group that isn’t part of the top leadership in group action. These lawyers have amassed many thousands of cases. They want to settle the case now for what is believed to be less than these victims deserve. Their argument is two-fold. First, they argue the settlement, which is about the equivalent of $100,000 per plaintiff – is fair.

That is a hard argument to argue. But their second argument has more force: the victims can now not wait and they want the money immediately.

April 12 2023 Update: People are looking for ways J&J could file for bankruptcy again. The answer is complicated and complex. Let’s try to clarify it clearly.
Johnson & Johnson asserts that bankruptcy is the only way to deal with both present and future lawsuits involving talc conclusively. It thinks it can get a lower rate should there be the bankruptcy element which applies pressure to settle. Asbestos testing in talc. In a quest to cover hundreds of years of American history, the company argues that bankruptcy benefits everyone by dispersing settlements more equally and effectively than trial courts which are where litigants get significant settlements while others get nothing.

The main thrust of the 3rd Circuit decision was this isn’t a case that involves one that makes a profit, but an affiliate to accept the legal liability and declare bankruptcy, which is what Congress had in mind when it came to drafting the Bankruptcy Code. However, the court also ruled that the subsidiary was not in financial trouble due to the fact that J&J promised unlimited funding.
Thus, J&J took advantage of the unlimited funding aspect of the contract and did not promise to offer unlimited funding for lawsuits. The company claims that updated financing arrangements with its subsidiary will address appeals court’s concerns while still providing funds for claims. It’s as if giving victims less money would solve the problem at hand.

Attorneys representing cancer patients who oppose the agreement counter this argument by saying that it is the legal argument. Asbestos testing in talc. They counter with legal absurdity: J&J fraudulently transferred $50 billion of assets from LTL Management to circumvent the appeals court’s previous decision. The hyperbole wasn’t spared: victims’ lawyers call it the largest “fraudulent deal 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. But it is a way of pushing this $8.9 billion settlement through and maintain pressure on plaintiffs.

April 10 2023, Update Bloomberg offers an informative piece on a law that has been passed within New Jersey that is shedding new light on litigation funding in the baby powder suit for class actions. Litigation funders Virage Capital Management and TRGP Capital invested in hundreds of claims against Johnson & Johnson (J&J) concerning talc products in exchange for a percentage of any wins. J&J has now offered an offer of $8.9 billion to settle lawsuits.

The involvement of the funders is made public because of a New Jersey court rule requiring the release of certain details about funders outside the state. This rule is intended to address the rising calls for regulation of litigation funders. J&J is facing more than 60,000 claims when you add up federal and state baby powder lawsuits. Third-party funding of mass tort cases is not without its pros and pros and. However, there is no doubt that we are seeing how third-party funding can level the playing field for individuals and big companies in court.

April 4 2023 Update: It’s fun to watch the worm turn in this case. J&J took another hit 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 before the U.S. Supreme Court. Automatic stays have halted thousands of talcum powder cases and prevented new lawsuits from getting filed ever since J&J started the controversial process to spin talc-related liabilities off into a bankrupt subsidiary over one year earlier. Asbestos testing in talc. After it was decided that the 3rd Circuit ruled that this bankruptcy was invalid some months ago, the stay was lifted. J&J wanted to see it continue in the meantime of an appeal to the SCOTUS appeal. But 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. There is a chance that of the Supreme Court is willing even to hear the appeal? Low.
March 16th 2023 Update: with the bankruptcy stay now officially lifted, the first new cases have been filed and transferred into the Talcum Powder class action MDL in just over a year. Seven new talc lawsuits were included in the MDL in the past month and brought the total number of cases in the pending process up to 37,522.

February 25, 2023 Update: A Congressmen from Tennessee is now requesting that The U.S. Government Accountability Office (GAO) initiate an investigation to determine how much J&J product containing talc has cost the government in the decades.
in a letter addressed to the GAO, Rep. Steven Cohen (D-Ten.) accused J&J of failing to recognize the dangers of its talc product for years while tax dollars were used to treat those who were injured through exposure to the product. This lawsuit comes a few weeks following J&J’s dramatic loss in the 3rd Circuit Court of Appeals.

Asbestos testing in talc. J&J has to begin making reasonable settlement proposals to victims to to put all of this behind it. This is a disgrace to one of the world’s greatest companies.

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

 

You May be Entitled to Significant Compensation Asbestos testing in talc. 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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