You May be Entitled to Significant Compensation California asbestos lawsuit. 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 400 million dollars to US state AGs. California Asbestos Lawsuit .
Johnson & Johnson (JNJ.N) has set aside $400 million to settle U.S. state consumer protection actions as part of a broader $8.9 billion settlement of allegations that its Baby Powder as well as other talc items cause cancer. California asbestos lawsuit.
J&J subsidiary LTL Management filed a bankruptcy plan in New Jersey late on Monday which outlines how the company plans to pay different kinds of cancer patients in bankruptcy settlement. California asbestos lawsuit. J&J has stated that its talc products are safe and do not cause cancer. The company is trying for another time to settle more than 38,000 lawsuits filed in bankruptcy and stop new cases from coming forward in the future.
LTL’s bankruptcy plan will pay $400 million to an additional trust to settle claims made with state attorneys general claiming that J&J violated states’ unfair practices as well as consumer protection laws, by deceiving consumers about the dangers of its talc products.
A number of states had already initiated consumer protection actions against J&J before LTL’s first bankruptcy filing prevented those investigations from moving forward in 2021. California asbestos lawsuit. New Mexico and Mississippi had already initiated suit in the past against Johnson & Johnson before then, and the states of Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative subpoenas or demands in LTL’s court filings.
New Mexico and Mississippi have decided to declare LTL’s bankruptcy unfinished along with cancer sufferers as well as those affected by cancer and the U.S. Justice Department’s bankruptcy watchdog. have argued that a profitable firm like J&J can’t benefit from bankruptcy protections aimed at the struggling debtors.
The first time LTL attempted to settle the lawsuits in bankruptcy was dismissed following similar arguments, when a U.S. appeals court determined the LTL was not in “financial trouble” and thus not eligible to receive bankruptcy relief. California asbestos lawsuit. LTL filed a second bankruptcy less than two hours after the decision to dismiss, arguing that the second bankruptcy was different in that it had less money and had more support for a settlement.
New Mexico and Mississippi said in their motion for dismissal that LTL’s renewed bankruptcy violates state law enforcement powers by attempting unilaterally to cap LTL’s liability to state consumer protection actions.
California Asbestos Lawsuit
LTL’s recent filings also provided more information on how the company would evaluate and pay cancer claims when the bankruptcy plan is approved.
The largest amount of money under the settlement will be $500,000 for people diagnosed with mesothelioma terminal prior to age 45. California asbestos lawsuit. The second payment would be $260,000 for those who have been diagnosed with advanced ovarian cancer before age 45.
The proposed settlement offers discounts based on the nature and severity of cancer, the patient’s years of age, their history of usage of talc and other variables. California asbestos lawsuit. For example someone who regularly used the talc product on a regular basis, had a family history of ovarian cancer and was diagnosed an ovarian cancer stage II when she was 55 might qualify to receive a payout of $21,125 under the plan.
Judge ordains J&J and talc oppositionists to take part in settlement talks.
Following another round of hearings in Johnson and Johnson’s efforts to employ a Texas Two Step bankruptcy strategy for talc litigation and federal bankruptcy judge Michael Kaplan has ordered the company and those opposed to the move to conduct talks to reach a settlement, Bloomberg reports.
With its second bankruptcy attempt for LTL Management, a subsidiary created by J&J to settle claims – the company made a settlement offer of $8.9 billion. California asbestos lawsuit. While a group of law firms representing plaintiffs agree with the proposal, another group opposes the deal.
In the last week, an opposition group, which is known as”the Official Committee of Talc Claimants and urging the bankruptcy court to dismiss this case by arguing that LTL is not a factor in financial distress.
“The filing is a desperate and legally deficient attempt by a handful of law firms to try to prevent claimants from voting on the resolution plan–a plan that the vast majority of claimants approve of,” J&J’s litigation chief Erik Haas, said in a statement. California asbestos lawsuit. “The law firms who filed their filing are financially oriented and have conflicts that do not align with, diverge from and contravene those they represent. We will be submitting a response an appeal to the appellate court.”
California asbestos lawsuit. Clay Thompson, a lawyer for MRHFM, which boasts more than mesothelioma patients who have filed lawsuits against J&J, said that the second bankruptcy attempt of J&J will fail.
“J&J sends out press releases about how great its plans are, but is insisting that the details of its plan–including the treatment individuals with illnesses would be treated to,” Thompson said in an announcement. “What does the company have to hide?”
Kaplan has directed the parties to devise a second arrangement plan under supervision of two mediators.
In February 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 related to its talcum-based products.
But in January of this year, a federal appeals court ruled against the verdict, ruling that the company could not be considered to be in “financial trouble.”
In the event that J&J’s request to make an appeal before the U.S. Supreme Court was denied on April 1, J&J filed for its second bankruptcy just two hours later. In response, Kaplan froze the lawsuits for 60 days to decide whether or not to accept the second bankruptcy.
J&J’s unstoppable profit engine goes out of control after $6.9B settlement charge for talc.
Through two Chapter 11 attempts, J&J has gotten 19 months of which the cases were in limbo. California asbestos lawsuit. The company is requesting that claimants decide whether they want to accept the settlement. J&J needs 75% approval for the settlement to be approved.
In addition to the group of talc lawyers who panned the company’s bankruptcy play, the U.S. Trustee, an arm of the U.S. Department of Justice is also submitting an application to dismiss LTL’s second bankruptcy.
In a recent filing, U.S. Trustee Andrew R. Vara wrote that the doors of bankruptcy are “open to honest, but naive debtors.” Those doors “are not open to parties that lack a legitimate bankruptcy purpose or that seek to use the bankruptcy process to delay or hinder their creditors.” Vara continued.
For its part, J&J maintains there is no evidence conclusive that its Talc products, which includes the famous baby powder, can cause cancer. J&J has taken the products of the market first on North America in 2020–and the rest of the world next year.
J&J is determined to stay clear of the cost of going to court. It has won the majority of cases that were decided in court, however some losses have been punitive.
A well-known trial in Missouri produced a $4.7 billion verdict against the drug company, which 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 in appeal or concluded. Out of 41 trials, 32 have ended in a win by J&J, a mistrial or plaintiff verdict that was dismissed upon appeal. California asbestos lawsuit. The company also in 2020 sought to settle around 1,000 cases worth the sum of $100 million. Bloomberg stated at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – California Asbestos Lawsuit
Our lawyers handle baby powder cases in every state. The talcum powder lawsuits on behalf of Johnson & Johnson have been ongoing for years. California asbestos lawsuit. The lawsuits allege that prolonged use of the powder (or “talc”), the active ingredient in products like the Baby Powder and Shower to Shower and Shower to Shower, could cause ovarian cancer among some women.
This page offers a J&J Talc Power litigation update and provides an overview of how the upcoming bankruptcy ruling will impact the final settlement amount in these ovarian cancer lawsuits.
Has the deadline passed for you to make a claim for talcum powder? Many who believe that the statute of limitations has run out to file a lawsuit against Johnson & Johnson are wrong. Call us at 800-553-882 or request a free and quick case review online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – California Asbestos Lawsuit
June 2 2023 Update: In the asbestos talc trial which took place in California yesterday, some technical glitches interrupted the opening statements of the defense attorneys. California asbestos lawsuit. 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 opening was abruptly ended.
In the meantime, the plaintiff could present its first expert witness Arthur Langer. Langer explained that the existence of additional minerals along with talc is inevitable. He also testified that his team informed J&J in the year 1971 of the presence of chrysotile asbestos within the talc manufactured by the company, though in less than 0.1 percent. He also discovered more asbestos in 1976.
June 1st, 2023 Update California asbestos lawsuit. First trial after J&J has decided to separate its talc division, and then declare bankrupt is an important turning point within the ongoing lawsuit story. Trial began yesterday in the poignant case of a young 24 year-old plaintiff, diagnosed with a rare and aggressive type of mesothelioma last year, an illness that lawyers on both sides of the argument agree is a tragic loss.
Opening statements revealed stark differences in each side’s narrative. The attorney representing the plaintiff took aim at Johnson & Johnson, alleging the use of deceptive tactics in research practices and throughout the litigation process. As per the lawyer, Johnson & Johnson attempted to alter the definition of asbestos, despite internal documents from between 1978 and 1994 that showed asbestos fibers that were found in the tissues of the plaintiff are part of.
Johnson & Johnson’s uncertain $8.9 billion settlement offer hangs in the balance as we course of this trial. Despite the unique nature of this mesothelioma-related case and its distinct issues compared to other talcum powder lawsuits ruling in favor of the plaintiff could cause the company with a major setback in its hope of gaining broad acceptance for the settlement they have proposed among plaintiffs.
May 31st, 2023: Update from Johnson & Johnson’s bankrupt talc division is defending its two-time Chapter 11 filing in the opposition of talc injury claimants. In a written objection to the New Jersey bankruptcy court, J&J’s subsidiary claimed that the situation was fundamentally different from the prior filing. The subsidiary emphasized the record-breaking commitment to $8.9 billion by J&J the largest settlement ever made in the history of a mass tort bankruptcy. California asbestos lawsuit. It was not mentioned how the magnitude of the settlement signifies that it’s a fair settlement. J&J also claimed that it received support from a variety of plaintiffs’ law firms representing more than sixty thousand claimants. This is not easy to confirm but is probably incorrect.
May 24 2023 Update: Following Johnson & Johnson’s bankruptcy in 2021 filing, the first trial concerning its cosmetic talc items allegedly comprised of asbestos is set to begin jury selection on Monday, May 24, California within the Alameda County Superior Court, an historically reliable place for plaintiffs. Plaintiff claims that mesothelioma was caused by asbestos exposure resulting from J&J’s products which the company does not deny. The trial also includes six retailers who are accused of selling talc-based products.
May 22, 2023 Update: Lawyers in the 2nd J&J Talc bankruptcy are currently battling over who should be appointed to the post of the claims representative in the future, an important role essential in resolving the talc claims. California asbestos lawsuit. Randi Ellis, a lawyer who is frequently involved in MDLs all over the nation was appointed the claims representative in the initial bankruptcy. J&J’s defense team would like Ellis to be appointed to that role and again, but attorneys for the talc plaintiffs are objecting on the grounds that Ellis has conflicts of interest which would prohibit her from taking on that role in the future. This conflict is rooted in the fact that Ellis was apparently involved in the drafting of the highly contesting second bankruptcy, which raises doubts about her ability to be neutral. The reality is this bankruptcy is likely to be dismissed in the end.
May 17, 2023 Update The pretend company that J&J put together for the talc litigation bankruptcy disclosed to an New Jersey bankruptcy court that they have designated $400 million to settle the claims made by states accusing the company of misleading advertising for its talc product. California asbestos lawsuit. It’s a $8.5 billion settlement for cancer sufferers. It’s difficult to envision any scenario in which J&J will be able to push these baby powder settlements through with these numbers. While J&J’s proposed $8.5 billion offer may seem like a lot of money initially, it may not look very appealing after you calculate the figures. This settlement proposal – by our rough calculations – would not provide victims with much more than an average settlement $100,000 per case. This isn’t enough.
May 15 2023 Update J&J is potentially facing a suit from an advocacy group representing cancer victims. California asbestos lawsuit. The group contends that J&J deliberately retracted the $61.5 billion contract for funding together with its parent company, LTL Management LLC, in order to create a false sense of financial distress and validate the unit’s Chapter 11 bankruptcy filing. The group claims this decision could be interpreted as a fraudulent transfer of the right to compensation for victims. They are planning to study J&J’s actions as a result of the decision to dismiss the LTL’s bankruptcy case in its first instance.
May 10 2023 Update: Next week next week, it is expected that the U.S. Bankruptcy Court in New Jersey will hear oral arguments on a motion to dismiss the second bankruptcy filing that was filed by J&J subsidiary LTL Management. In the meantime, however, LTL Management has filed an Order requiring both sides to participate in a new settlement mediation hoping that an international settlement agreement can be reached.
May 5, 2023: Update on Talc provider Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to many lawsuits claiming that its talc products caused cancer from asbestos exposure. California asbestos lawsuit. Over 2,700 people have sued the company and it has been paying $1 million per month for legal defense. The company’s most recent $29 million settlement on the state of South Carolina forced it to seek bankruptcy protection, arguing for equitable distribution of assets between talc claimants rather than being taken over by the receiver. Other suppliers of talc have filed for bankruptcy due to litigation.
May 4, 2023 Update: U.S. Court of Bankruptcy Michael Kaplan has directed Johnson & Johnson to resume settlement discussions with lawyers who turned down the proposed $8.9 billion offer for settlement. The court in Trenton, New Jersey yesterday the parties appeared in court to discuss next steps for another bankruptcy proceeding and Judge Kaplan encouraged further settlement talks.
This is the solution to resolve the claims of J&J. A settlement for baby powder can be completed. California asbestos lawsuit. However, it will require more money – more billions of dollars – by Johnson & Johnson.
Lawyers are divided over whether or not to accept the plan and not every client sees this issue the same way their lawyer does. This second case of bankruptcy is bound to be a failure 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 The group of cancer patients who have sued Johnson & Johnson (J&J) requested to have the Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it attempts to block litigation regarding talc-related products. The group of talc claimants filed a motion on Tuesday requesting for the Third Circuit to consider their case and to send it back before a court of lower jurisdiction, with instructions to discharge the bankruptcy. California asbestos lawsuit. They also asked that stoppage of tort litigation against J&J should be permitted to continue.
LTL requested Chapter 11 protection once again following its bankruptcy filing that was rejected in the Third Circuit earlier this year, offering the possibility of an $8.9 billion settlement. The committee believes that the recent decision allowing the second Chapter 11 to continue, and also stopping trials against J&J, warrants immediate Third Circuit review. The US Trustee also asked that the New Jersey bankruptcy court dismiss the LTL bankruptcy case. J&J’s global vice-president of litigation, Erik Haas, was quoted by Bloomberg as saying that J&J plans to file a response to the appeals court characterizing the filing as an “desperate and legally flawed effort” by a select group of law firms who have competing financial interests.
May 1st 2023 Update: One common question that people ask is how could plaintiffs and their lawyers turn off $8.9 billion. Of course, it’s an immense amount of money. However, there are lots of victims. California asbestos lawsuit. These are actually a good arguments for plaintiffs. We have been reminded of this recently with two talc trials resulted in big verdicts for the plaintiffs. In February mesothelioma, a talcum-based powder trial in Oregon was settled with an award that was $18.1 million. A month later, another mesothelioma-related talc case went to trials on the other side of South Carolina and resulted in the verdict of $29 million on behalf of the plaintiff. The defendant in both cases was Whittaker, Clark & Daniels Inc., one of the leading suppliers of talc within the U.S.
April 30, 2023 Update: When J&J initially tried to take the talcum powder litigation into bankruptcy, they came with an offer to reserve $2 billion to settle the case. It was a ridiculously small amount. The talc plaintiffs had not believed in the proposal. However, this time, J&J has increased the offer to $8.9 If the talc plaintiffs are willing to accept bankruptcy settlements and they have the support of a substantial section of the talc victims as well as their lawyers. California asbestos lawsuit. But 75% of the plaintiffs in the talc category, which is necessary for bankruptcy plan approval It’s a long and difficult process since there are so many lawyers with huge inventory of baby powder litigations opposed against the proposed settlement.
What is the solution to this impasse? More billions.
April 25 2023, Update Talc Cancer victims have requested a judge to dismiss their Chapter 11 case filed by LTL Management LLC, a absurdly made-up Johnson & Johnson subsidiary, declaring that the company isn’t financially distressed. LTL filed for Chapter 11 to settle tens of thousands of claims that J&J’s baby-powders caused cancer. California asbestos lawsuit. It was the 3rd Circuit dismissed its first Chapter 11 case in January The court ruled that LTL was not eligible for bankruptcy relief as it had not demonstrated financial trouble.
The claimants contend that the second Chapter 11 case is an abuse of the bankruptcy system and it is being pursued in bad good faith. J&J states that the bankruptcy settlement is backed by “significant backing” from companies representing about 60,000 potential people who are claiming. It’s safe to say that plaintiffs’ lawyers and victims are divided over their disagreement over the $8.9 billion offer for settlement.
April 21st, 2023 Update A bankruptcy judge ruled that Johnson & Johnson must face new lawsuits claiming that the company sold tainted baby powder causing cancer. While trials in the talc lawsuits have been suspended for at least 60 calendar days and new lawsuits are able to be filed and lawyers are able to begin preparing their cases. California asbestos lawsuit. Judges expressed skepticism about J&J’s attempt to revive its plan with the second bankruptcy case.
April 13th, 2023 Update: major news is the $8.9 billion over 25 year period settlement offered. Lawyers representing cancer patients within the MDL Class Action have pledged to fight the settlement along with talc claimants. Why? They argue that it’s not enough for 70,000 victims who have cancer. California asbestos lawsuit. These lawyers argue that J&J should seek a bigger settlement or litigate individual claims if the latest bankruptcy is dismissed.
But there’s a separate group of lawyers that is not part of the leadership of the class action. These lawyers have collectively amassed hundreds of thousands of cases. The group is seeking to settle today in what many believe to be far less than what these victims deserve. Their argument appears to be two-fold. First, they argue that the settlement, which is about the equivalent of $100,000 per plaintiff is fair.
That is a hard argument to present. The second argument is more substance: the victims will no longer wait and want the money immediately.
April 12, 2023 Update: People are asking how J&J can go through bankruptcy again. The answer is complicated and complicated. However, let’s attempt to explain it in simple terms.
Johnson & Johnson asserts that bankruptcy is the only means to deal with both present and future lawsuits involving talc conclusively. Also, it believes it can pay less when there is an element of bankruptcy that puts pressure for a settlement. California asbestos lawsuit. Driving past 400 years of American past, the company asserts that bankruptcy benefits all parties by distributing settlement payments more evenly and efficiently than trial courts, in which some litigants receive substantial settlements while others get nothing.
The essence in this 3rd Circuit decision was this isn’t a case that involves the profit-making company that has an affiliate to accept the legal responsibility and declare bankruptcy, which is what Congress contemplated when drafting the Bankruptcy Code. However, the court also ruled that the subsidiary was not in financial difficulty due to the fact that J&J assured it of unlimited funding.
Thus, J&J took advantage of the unlimited funding part of the contract but did not pledge to fund unlimited litigation. The company claims that updated financing arrangements with its subsidiary will address concerns of the appellate court, while offering claim payment funds. As if providing victims with lower amounts of money would resolve the overarching problem.
Lawyers representing cancer patients who oppose the agreement counter the agreement with what is a defense against legal nonsense by pointing out legal absurdity: J&J fraudulently transferred $50 billion of assets away from LTL Management to circumvent the appeals court’s decision. Hyperbole did not go unnoticed: victims’ lawyers call it the most significant “fraudulent deal of assets in United States history.”
Notwithstanding the legal mumbo jumbo, J&J does not really think this bankruptcy will survive. But it’s a way of pushing this $8.9 billion settlement through and maintain pressure on plaintiffs.
April 10 2023 Update Bloomberg is running an intriguing piece on a law that has been passed of New Jersey that is shedding new light on litigation funding in the baby powder Class action suit. Funders for litigation Virage Capital Management and TRGP Capital invested in hundreds of lawsuits from Johnson & Johnson (J&J) concerning talc products in exchange for a share of any profits. J&J is now willing to pay $8.9 billion to settle lawsuits.
The funders’ involvement is made public because of an New Jersey court rule requiring the release of certain details regarding outside funding backers. The law is designed to tackle the growing demands for regulation of the litigation funders. J&J has more than 60,000 claims when you add up federal and state child powder-related lawsuits. Third-party funding for mass tort lawsuits has its pros and pros and. But there is no question that we are witnessing how third-party financing can help level the playing field for individuals and big companies in court.
April 4, 2023 Update: It is enjoyable to see the worm turn in this litigation. J&J has taken another blow this week when it was found that the Third Circuit denied J&J’s request to extend the automatic stay in the meantime that J&J appeals a bankruptcy decision in 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 launched the controversial attempt to spin talc-related liabilities into a bankrupt entity over a year back. California asbestos lawsuit. When the 3rd Circuit ruled that this bankruptcy was invalid only a few months back, the stay was lifted. J&J was hoping to have it continued pending hearing 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. The odds that is that the Supreme Court is willing even to consider the appeal? Low.
March 16th 2023 Update: with the bankruptcy stay now fully lifted, the first new cases were filed and incorporated into the Talcum Powder class action MDL in over one year. Seven new talc-related lawsuits were included in the MDL during the month of March and brought the total number of cases pending to 37,522.
February 25, 2023 Update: A Congressmen from Tennessee is now calling for The U.S. Government Accountability Office (GAO) begin an investigation into the cost J&J products containing talc have cost the government in the many years.
A recent email to the GAO, Rep. Steven Cohen (D-Ten.) in a recent letter to the GAO, Rep. Steven Cohen (D-Ten. J&J of failing to recognize the dangers of its talc product for years while tax dollars were utilized to treat people injured by exposure to the chemicals. The lawsuit comes just a few weeks after J&J’s significant loss in the 3rd Circuit Court of Appeals.
California asbestos lawsuit. J&J has to begin making reasonable settlements to victims to the process of putting all this behind. This is a blemish on one of the greatest companies.
February 14 2023 Update: At an appearance today in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention following his 3rd U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.
You May be Entitled to Significant Compensation California asbestos lawsuit. 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!