You May be Entitled to Significant Compensation Basf talc 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 make payments of the sum of $400 million US state AGs. Basf Talc Asbestos .
Johnson & Johnson (JNJ.N) has put 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 items cause cancer. Basf talc asbestos.
J&J company subsidiary LTL Management filed a bankruptcy plan in New Jersey late on Monday that outlines how the firm will pay various types of cancer patients in a bankruptcy settlement. Basf talc asbestos. J&J has said that its talc products are safe and don’t cause cancer. J&J is seeking another time to settle more than 38,000 lawsuits in bankruptcy and prevent new cases from arising in the future.
The bankruptcy plan of LTL would pay $400 million to an additional trust to settle lawsuits filed in state courts by attorneys general alleging that J&J did not comply with laws against unfair business practices in the State of New York and consumer protection laws by misleading consumers about the safety of its talc products.
Some states had started consumer protection measures against J&J prior to the time that LTL’s bankruptcy filing prevented those investigations from progressing in 2021. Basf talc asbestos. New Mexico and Mississippi had already initiated suits for damages against Johnson & Johnson before then and the states of Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative demands or subpoenas according to court filings.
New Mexico and Mississippi have moved to dismiss LTL’s bankruptcy in a joint move with cancer victims as well as those affected by cancer and the U.S. Justice Department’s bankruptcy watchdog. They have argued that a successful company such as J&J does not qualify for bankruptcy protections aimed at struggling debtors.
The company’s initial attempt to resolve the bankruptcy-related lawsuits was dismissed following similar arguments. In the end, a U.S. appellate court ruled the LTL was not in “financial difficulty” and therefore not eligible of bankruptcy protection. Basf talc asbestos. LTL made a new bankruptcy application less than two hours after that dismissal, arguing that its second attempt was different due to the fact that it had less money available and more support for an agreement.
New Mexico and Mississippi said in their motion to dismiss LTL’s bankruptcy renewal violates the law enforcement powers of the state by seeking to unilaterally limit the company’s liability for state consumer protection actions.
Basf Talc Asbestos
LTL’s new filings also included more information about how the company would evaluate and settle cancer claims when the bankruptcy plan is approved.
The maximum amount under the settlement will be $500,000 for patients diagnosed with terminal mesothelioma before the age of 45, and $260,000 for people diagnosed with ovarian cancer that is terminal before age 45.
The proposed settlement will offer discounts based on the kind and severity of cancer, the patient’s age, the history of the use of talc, and other aspects. Basf talc asbestos. For instance an individual who was using talc products weekly, had an ovarian cancer family history, cancer and was diagnosed Stage II cancer of the ovary at age 55 might qualify to receive a payment of $21,125 according to the plan.
Judge gives order to J&J and talc oppositionists 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 firm and the people who opposed the strategy to engage in negotiations to settle the matter, Bloomberg reports.
In its second bankruptcy effort for LTL Management–a subsidiary established by J&J to hold the claims–the company made a settlement offer of $8.9 billion. Basf talc asbestos. While one firm representing plaintiffs support the offer, another group is against the settlement.
Earlier this week, the opposition group, called”The Official Committee of Talc Claimants, urged the bankruptcy court to disqualify the petition by saying that LTL cannot be regarded as in financial distress.
“The filing is an unjust and legally flawed attempt by a few of law firms to try to block claimants from voting on the resolution, which the vast majority of claimants support,” J&J’s litigation chief Erik Haas, said in a statement. Basf talc asbestos. “The law firms who filed their filing are financially oriented and have conflicts that are in conflict with, diverge from and oppose the interests of their clients. We’ll submit a response in the appeals court.”
Basf talc asbestos. Clay Thompson, a lawyer for MRHFM, which includes more than mesothelioma victims who have filed lawsuits against J&J for bankruptcy, told the company’s second bankruptcy try failed.
“J&J issues press releases describing how fantastic its plan is while simultaneously demanding that plan details–including what individuals with illnesses would be treated to,” Thompson said in the statement. “What do they have to cover up?”
Kaplan has instructed both sides to come up with another restructuring plan, with the supervision from two mediators.
In February 2022, Kaplan acknowledged J&J’s use of Chapter 11 to hasten a settlement that will free the company from the hundreds of thousands of claims regarding its talcum products.
In January of this year an appeals court in the United States overturned the decision, deciding that the company was not able to be considered in “financial difficulty.”
After J&J’s appeal to the U.S. Supreme Court was turned down on April 1, J&J was granted a second petition for bankruptcy just two hours later. In response to that move, Kaplan froze the lawsuits for 60 days to decide whether to allow another bankruptcy.
J&J’s unstoppable profit engine sputters after $6.9B talc litigation charge.
With the two Chapter 11 attempts, J&J has gotten 19 months of which cases were put suspended. Basf talc asbestos. J&J wants the claimants to accept their settlement. J&J requires 75% of the vote for the settlement to be approved.
Alongside the group of talc lawyers that criticized the company’s bankruptcy play and the U.S. Trustee is an arm that is part of the U.S. Department of Justice is also submitting an application to dismiss LTL’s bankruptcy second case.
In a recent filing, U.S. Trustee Andrew R. Vara wrote that the doors of bankruptcy are “open to honest but unfortunate debtors.” The doors “are not open to parties that do not have a legitimate reason or want to use bankruptcy to delay or hinder their creditors,” Vara continued.
To its credit, J&J maintains there is no evidence conclusive that its products containing talc, such as its popular baby powder can cause cancer. J&J has adopted the products from the market and will first launch them in North America in 2020–and the rest of the world next year.
J&J intends to steer clear of the costly business of going to court. J&J has won the majority of the cases that have been resolved through trial, though certain losses have been punitive.
A highly publicized trial in Missouri resulted in an $4.7 billion verdict against the drug company but was later reduced to $2.1 billion following appeals.
Johnson & Johnson faces high-stakes hearing over ‘Texas Two Step’ talc strategy: report
Overall, J&J has lost nine trial involving talc that are in appeal or decided. In 41 trials 32 have ended in a win by J&J as well as mistrials or verdict of a plaintiff reversed on appeal. Basf talc asbestos. Additionally, the company has announced plans to settle around 1000 cases for 100 million dollars, Bloomberg reported at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Basf Talc Asbestos
Our lawyers handle baby powder cases in all 50 states. The talcum powder lawsuits on behalf of Johnson & Johnson have been ongoing for many years. Basf talc asbestos. The lawsuits contend that the prolonged use of the powder (or “talc”), the active ingredient found in products such as Shower to Shower Powder as well as Shower to Shower, can cause cancer of the ovary in certain women.
This page offers a J&J update on the talc power litigation and discusses how the upcoming bankruptcy ruling impacts the ultimate settlement amounts of these Ovarian Cancer lawsuits.
Did the deadline expire for you to file a talcum powder lawsuit? Many people who think the deadline has passed to file a lawsuit against Johnson & Johnson are wrong. Contact us now at 800-553-8082 or request a free and quick review of your case online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Basf Talc Asbestos
June 2 2023 Update: In the trial for asbestos-containing talc that took place in California yesterday, some technical issues disrupted the opening statements made by defense lawyers. Basf talc asbestos. Jurors watching from home on Zoom and hearing the Johnson & Johnson’s lawyer voice his skepticism about the 70s science asserting the presence of asbestos in their product prior to the proceedings abruptly ended.
In the meantime, the plaintiff had the opportunity to introduce their first witness, Arthur Langer. Langer stated that the presence of other minerals in the talc’s mineral content is inevitable. He also testified that his team was notified by J&J in 1971 of the presence of chrysotile asbestos within the talc manufactured by the company, though at lower than 0.1 percent. He also discovered more asbestos in 1976.
June 1, 2023 Update: Basf talc asbestos. A trial for the first time since J&J took the decision to disband its talc division and declare bankruptcy is a pivotal moment in the ongoing talc litigation drama. Trial began yesterday in the harrowing case of a young 24 year-old plaintiff, diagnosed with a rare and aggressive form of mesothelioma in the past year, which lawyers on both sides agree is a tragic loss.
Opening statements laid bare sharp differences in the two sides’ story. The attorney representing the plaintiff took aim against Johnson & Johnson, alleging the use of deceptive tactics in research practices and throughout the litigation process. According to the attorney, Johnson & Johnson tried to alter the definition of asbestos, in spite of internal documents from between 1978 and 1994 that showed asbestos fibers that were found in the tissue of the plaintiffs are included.
Johnson &J’s tangled $8.9 billion settlement is hanging in the balance with the development of the trial. Despite the particularity of the mesothelioma trial and its unique challenges compared to other talcum powder lawsuits, a verdict favoring the plaintiff could cause an unintended setback to Johnson & J’s expectations of widespread acceptance of their proposed settlement with plaintiffs.
May 31st 2023 Update: Johnson and Johnson’s bankrupted talc unit has is defending it’s 2nd Chapter 11 filing in the in the face of challenges from injured talc claimants. In an appeal to the New Jersey bankruptcy court, J&J’s subsidiary claimed that the filing was vastly different from the first filing. The subsidiary emphasized the record-breaking commitment to $8.9 billion by J&J, the largest settlement ever made in a mass tort bankruptcy case. Basf talc asbestos. The issue is not discussed: whether this amount means it is an equitable 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 it’s likely to be false.
May 24 2023 Update: Following Johnson and Johnson’s bankruptcy filing in 2021 filing, the first trial regarding the cosmetic talc products it claims to with asbestos content is scheduled to start jury selection on Monday, California in Alameda County Superior Court, which is a well-known court for plaintiffs. The plaintiff claims his mesothelioma was triggered by asbestos exposure resulting from J&J’s products which the company does not deny. The trial also involves six retailers who are accused of selling talc-containing products.
May 22, 2023 Update: Lawyers in the 2nd J&J Talc bankruptcy are disputing who should be chosen to fill the post of future claims representative. This is an important role essential in resolving the talc claims. Basf talc asbestos. Randi Ellis, a lawyer who regularly appears in MDLs across the country was appointed as the claims representative during the first bankruptcy. J&J’s defense team wants Ellis to be appointed to that role yet again, but the lawyers for the talc plaintiffs are protesting to the claim that Ellis has an interest conflict which would prohibit her from holding that position again. The conflict stems from the fact that Ellis was believed to have been involved in drafting the controversially contesting second bankruptcy, which raises questions regarding her capacity to remain neutral. It’s true that this bankruptcy is likely to be dismissed in the end.
May 17, 2023 Update The pretend company J&J formed for the talc bankruptcy disclosed to an New Jersey bankruptcy court that they have allocated $400 million to settle the claims made by states accusing J&J of misleading marketing regarding its talc products. Basf talc asbestos. This amounts to an $8.5 billion settlement for cancer sufferers. It is hard to imagine a scenario where J&J will be able to push the baby powder settlements given these numbers. While J&J’s proposed $8.5 billion offer might seem like a lot of money initially, it will not look very appealing when you consider the math. The proposed settlement based on our estimates – will not be able to pay victims more than a median settlement of $100,000 per case. That is not enough.
May 15th, 2023 Update J&J may be in the middle of a lawsuit by an advocacy group representing cancer victims. Basf talc asbestos. The group contends that J&J intentionally withdrew the $61.5 billion contract for funding in conjunction with its affiliate, LTL Management LLC, to create the appearance of financial hardship and confirm 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 intend to investigate J&J’s actions as a result of the decision to dismiss the first bankruptcy case of LTL.
May 10, 2023 Update: Next week in it is expected that the U.S. Bankruptcy Court in New Jersey will hear oral arguments regarding a motion to dismiss the second bankruptcy filing of J&J subsidiaries LTL Management. However, in the meantime, this bankruptcy court has issued an Order requiring both sides to participate in a settlement mediation hoping that a global settlement deal can come to fruition.
May 5 2023 Update: The talc supplier Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to many lawsuits claiming that its talc products caused cancer through asbestos exposure. Basf talc asbestos. Over 2,700 individuals have sued the firm, and it was spending $1 million a month to defend itself. The company’s recent $29million verdict at the Supreme Court of South Carolina forced it to pursue bankruptcy protection, and arguing for a fair distribution of assets between talc claimants rather than being taken over through the receiver. Other talc suppliers have also filed for bankruptcy due to the litigation.
May 4, 2023 Update: U.S. bankruptcy judge Michael Kaplan has directed Johnson & Johnson to resume talks with lawyers who rebuffed the proposed $8.9 billion agreement. At Trenton, New Jersey yesterday, the parties gathered in court to discuss the next steps for this second case of bankruptcy and Judge Kaplan was pushing for more settlement discussions.
This is the solution to resolve these claims for J&J. A baby powder settlement could be made. Basf talc asbestos. However, it will require more money – more billions of dollars by Johnson & Johnson.
Lawyers have a split opinion on whether to take the proposal or not and not every client sees the situation the same way their lawyer views it. The second bankruptcy case is bound to be a failure and Judge Kaplan has scheduled a hearing in June to decide whether to discharge the bankruptcy for the 2nd time.
May 3 2023 Update The group of cancer victims suing Johnson & Johnson (J&J) demanded an order from the Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it is a bid to stop litigation regarding talc-related products. The group representing claimants for talc has filed a motion this week requesting that the Third Circuit to consider their appeal and return the case the lower court, with instructions to discharge the bankruptcy. Basf talc asbestos. They also requested that the stoppage of tort litigation against J&J be allowed to continue.
LTL filed for Chapter 11 protection once again following its bankruptcy filing that was denied in the Third Circuit earlier this year with a $8.9 billion payment. The committee argues that the recent decision allowing LTL’s third Chapter 11 to continue, as well as halting the trials against J&J is a reason for immediate Third Circuit review. The US Trustee has also requested the New Jersey bankruptcy court dismiss the LTL bankruptcy case. J&J’s worldwide vice president of litigation, Erik Haas, was quoted by Bloomberg as saying that J&J plans to file a reply in the appeals court, characterizing the filing as an “desperate and legally inadequate effort” by a select group of law firms with competing financial interests.
May 1 2023 Update: One most frequently asked question is how could the plaintiffs’ lawyers and their clients turn around $8.9 billion. That’s of course quite a sum. There are a lot of victims. Basf talc asbestos. They are a great cases for plaintiffs. We have been reminded of this recently by two talc-related trials that led to 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. In the same month, a different talc mesothelioma case went to the court at South Carolina and resulted in a verdict of $29million on behalf of the plaintiff. In both instances, the defendant was Whittaker, Clark & Daniels Inc., one of the most prominent producers of talc in the U.S.
April 30th 2023 Update: J&J initially attempted to pull the litigation over talcum powder into bankruptcy, they came with an offer to put aside $2 billion to settle the case. This was an absurdly low amount. There was no one among the talc victims who were in favor of it. This time, J&J has increased the offer to $8.9 in the event that the talc victims are willing to accept bankruptcy settlements and also has the support of a substantial part of the talc-related plaintiffs and their attorneys. Basf talc asbestos. But with 75% of plaintiffs in the talc category, which is required to approve bankruptcy plans is not an easy task because of the number of lawyers who have large stocks of baby powder-related lawsuits, opposed towards the agreement.
What could solve the impasse? More billions.
April 25, 2023 Update: Talc patients have asked a judge to disqualify the Chapter 11 case filed by LTL Management LLC, a absurdly fabricated Johnson & Johnson subsidiary, saying the company is not financially troubled. LTL has filed for Chapter 11 to settle tens of thousands of claims that J&J’s baby powders caused cancer. Basf talc asbestos. LTL was denied Chapter 11 in January. 3rd Circuit dismissed its first Chapter 11 case in January, saying the company was not eligible to receive bankruptcy relief because it did not show financial trouble.
The claimants contend that the second Chapter 11 case is an overreach of the bankruptcy system and it’s being pursued in bad faith. J&J states that the bankruptcy settlement receives “significant backing” from companies representing approximately 60,000 claimants. It’s safe to say that plaintiffs’ lawyers and victims ‘ lawyers are divided on 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 company sold baby powder that was contaminated and causing cancer. While trials in the lawsuits involving talc are delayed for at least 60 days, new lawsuits can be filed, and lawyers may begin to prepare their cases. Basf talc asbestos. The judge expressed skepticism over J&J’s pathetic attempt to revive its strategy by filing a second bankruptcy case.
April 13th 2023: Update on the most important update is about the $8.9 billion over the course of 25 years offer for settlement. Lawyers representing cancer victims involved in the MDL Class Action have pledged to fight the settlement with talc claimants. Why? They believe it’s not enough for those suffering from cancer who are 70,000. Basf talc asbestos. They argue that J&J should seek a bigger settlement or pursue individuals’ claims if the current bankruptcy is declared unconstitutional.
There is a different set of lawyers who are not part of the top leadership in the class action. These lawyers have amassed the equivalent of tens of thousands of lawsuits. The group is seeking to settle now in what many believe to be lower than what the victims should be paid. Their argument is two-fold. They argue that the settlement, which is about an average of $100,000 per plaintiff is fair.
It’s a difficult argument to argue. However, their second argument has more substance: the victims will now not wait and they want the money immediately.
April 12, 2023 Update: People are asking how J&J is able to file for bankruptcy again. The answer is complicated and confusing. Let’s try to clarify it in simple terms.
Johnson & Johnson asserts that bankruptcy is the only means to settle both present and future talc lawsuits conclusively. It believes that it will be less expensive when there is an element of bankruptcy that puts pressure to negotiate a settlement. Basf talc asbestos. Driving past 400 years of American history, the firm claims that bankruptcy benefits everyone by dispersing settlement payments more equitably and efficiently than trial courts, in which some litigants receive substantial settlements while others get nothing.
The essence of the 3rd Circuit decision was this is not a case – a profitable company making an affiliate to accept the legal risk and declare bankruptcy – Congress had in mind when it came to drafting the Bankruptcy Code. It also clarified it was not in financial difficulty because J&J promises unlimited funding.
So J&J took advantage of the unlimited funding portion of the deal but did not pledge that it would provide unlimited funds for the litigation. The company claims that its modified financing arrangements with its subsidiary will address appeals court’s concerns while still supplying funds for claim payments. In the hope that offering victims lower amounts of money would resolve the problem at hand.
Lawyers representing cancer patients who oppose the deal counter the agreement with what is the legal argument. Basf talc asbestos. They counter with legal nonsense: J&J fraudulently transferred $50 billion in assets to LTL Management to circumvent the appeals court’s decision. Hyperbole did not go unnoticed: victims’ lawyers call this the biggest “fraudulent transaction ever in United States history.”
Despite all the legal jargon, J&J does not really think this bankruptcy will survive. However, it’s a means of trying to push this $8.9 billion settlement and keep pressure on plaintiffs.
April 10 2023, Update Bloomberg offers an informative piece on a law that has been passed that has been passed in New Jersey that is shedding new light on litigation funding in the Class action suit. Litigation funders Virage Capital Management and TRGP Capital invested in hundreds of claims in the case of Johnson & Johnson (J&J) concerning talc products in exchange in exchange for a portion of wins. J&J is now willing an offer of $8.9 billion to settle any lawsuits.
The funders’ involvement is publicly available because of a New Jersey court rule requiring the release of certain details about funders outside the state. The rules aim to tackle the growing demands for regulation of the litigation funders. J&J is facing more than 60,000 claims when you combine state and federal infant powder litigation. Third-party funding in mass tort claims has pros and cons. There is no doubt that we are witnessing the ways that third-party funding can even the playing field between individuals and big companies in the courtroom.
April 4, 2023 Update: It is enjoyable to see the worm turning in this lawsuit. J&J took another hit this week, when it was found that the Third Circuit denied J&J’s request to extend the automatic stay as J&J appeals a bankruptcy ruling to the U.S. Supreme Court. This automatic stay halted hundreds of cases involving talcum powder and stopped the filing of new lawsuits ever since J&J launched the controversial attempt to spin the talc liability off into a bankrupt company over a year in the past. Basf talc asbestos. After the 3rd Circuit ruled that this bankruptcy was invalid only a few months back, the stay was removed. J&J wanted to see it continued pending the SCOTUS appeal. However, the answer was no.
April 1, 2023 Update: Johnson & Johnson announced it will appeal its 3rd Circuit bankruptcy loss to the U.S. Supreme Court last week. The odds that is that the Supreme Court is willing even to take up the appeal? Low.
March 16 2023 Update: With the bankruptcy stay having been officially lifted, the very first new cases have been filed and transferred into the class action involving talcum powder MDL in the space of a year. Seven new talc-related lawsuits were included in the MDL in the past month, bringing the total number of cases pending to 37,522.
February 25 2023 Update: A Congressmen from Tennessee is now requesting that be the U.S. Government Accountability Office (GAO) initiate an investigation to determine how much J&J Talc products have cost the government in the many years.
Recently, in an open letter addressed to the GAO, Rep. Steven Cohen (D-Ten.) has accused J&J of failing to recognize the dangers of its talc products over long while tax dollars used to treat those who were injured through exposure to the chemicals. The lawsuit comes just a few weeks following J&J’s dramatic loss in the 3rd Circuit Court of Appeals.
Basf talc asbestos. J&J has to begin making fair settlement offers to victims to in putting this behind. It’s a mark on one of the most prestigious 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 Basf talc 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!