You May be Entitled to Significant Compensation Does talc always contain 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 talc settlement would make payments of $400 million to US state AGs. Does Talc Always Contain Asbestos .
Johnson & Johnson (JNJ.N) has set aside $400 million to settle U.S. state consumer protection actions as part of a larger $8.9 billion effort to settle claims that its Baby Powder and other talc items cause cancer. Does talc always contain asbestos.
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 as part of bankruptcy settlement. Does talc always contain asbestos. J&J has said that its Talc products are safe and won’t cause cancer. J&J is seeking an additional time to conclude more than 38,000 lawsuits in bankruptcy, as well as prevent new lawsuits from coming forward in the near future.
LTL’s bankruptcy plan will pay $400 million to an additional trust to settle lawsuits filed with state attorneys general claiming that J&J was in violation of the state’s unfair commercial practices and consumer protection laws, by deceiving consumers about the safety of its talc products.
Many states had initiated consumer protection lawsuits against J&J prior to the first bankruptcy filing stopped those investigations from taking place in 2021. Does talc always contain asbestos. New Mexico and Mississippi had already initiated suits with Johnson & Johnson before then and states like Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative demands or subpoenas in LTL’s court papers.
New Mexico and Mississippi have decided to declare LTL’s bankruptcy unfinished as well as cancer patients as well as The U.S. Justice Department’s watchdog on bankruptcy, who have argued that a successful business like J&J can’t benefit from bankruptcy protections meant for people with debt problems.
The first attempt by LTL to resolve the bankruptcy cases was rejected after the same arguments. A U.S. appeals court decided that LTL wasn’t in “financial difficulty” and was not eligible for bankruptcy protection. Does talc always contain asbestos. LTL had filed for bankruptcy again less than two hours after the decision to dismiss, arguing that its second attempt was different because there was less money available and had more support for a settlement.
New Mexico and Mississippi said in their motion for dismissal that LTL’s renewed bankruptcy violates the law enforcement powers of the state by trying to unilaterally cap the liability of the company for state consumer protection laws.
Does Talc Always Contain Asbestos
LTL’s filings for the new year also contained more details on how the company would evaluate and pay for cancer claims when the bankruptcy plan is approved.
The most significant payments under the settlement would be $500,000 for people diagnosed with cancer of the mesothelioma ovary before age 45, and $260,000 for those who have been diagnosed with cancer of the ovary prior to age 45.
From there, the proposed settlement provides discounts based on the nature and severity of cancer, the patient’s years of age, their history of the use of talc, and other aspects. Does talc always contain asbestos. For example the case of a woman who used the talc product on a regular basis, had a family history of ovarian cancer and was diagnosed with an ovarian cancer stage II by age 55 may qualify to receive a payment of $21,125 according to the plan.
Judge orders J&J, talc opponents to discuss settlement negotiations.
Following another hearing in Johnson & Johnson’s effort to utilize a Texas Two-Step bankruptcy strategy for talc litigation, federal bankruptcy Judge Michael Kaplan has ordered the firm and the people who opposed the plan to enter into negotiations to settle the matter, Bloomberg reports.
The second time it attempted to file for bankruptcy for LTL management, a subsidiary founded by J&J to manage the claims company made a settlement offer of $8.9 billion. Does talc always contain asbestos. While one firm representing plaintiffs is in favor of the deal, another group is against the settlement.
The previous week, the opposition group, which is known as”The Official Committee of Talc Claimants requested the bankruptcy court to dismiss this case asserting that LTL is not a factor in financial distress.
“The filing is a desperate and legally deficient attempt by a small number of law firms to stop claimants from voting on the resolution, which the vast and growing majority of claimants are in favor of,” J&J’s litigation chief Erik Haas, said in an announcement. Does talc always contain asbestos. “The law firms that are behind this filing have financial interests that clash with, differ from and are in opposition to the interests of their clients. We’ll submit an answer an appeal to the appellate court.”
Does talc always contain asbestos. Clay Thompson, a lawyer for MRHFM that boasts more than mesothelioma patients who have filed lawsuits against J&J claimed that J&J’s second bankruptcy effort failed.
“J&J publishes press release describing how fantastic its plans are, but is requesting that details of the plan, such as what each sick person will be treated to,” Thompson said in the statement. “What do they have to conceal?”
Kaplan has commanded the parties to develop a new arrangement plan under supervision and supervision of mediators.
On February 20, 2022 Kaplan affirmed the ability of J&J’s use of Chapter 11 to hasten a settlement that would release J&J from the hundreds of thousands of claims regarding its talcum products.
But in the month of January, an appeals court of the federal government overturned the verdict, ruling that the business could not be considered to be in “financial financial distress.”
In the event that J&J’s request to appeal to the U.S. Supreme Court was dismissed at the end of April J&J declared bankruptcy about two hours after. In response, Kaplan froze the lawsuits for 60 calendar days to decide whether to allow to file for bankruptcy again.
J&J’s omnipotent profit engine fails after $6.9B talc litigation charge.
With the 2 Chapter 11 attempts, J&J has gotten 19 months of which cases have been suspended. Does talc always contain asbestos. The company is requesting that claimants accept their settlement. J&J requires 75% of the vote for the deal to go through.
In addition to the team of talc attorneys who have panned the bankruptcy of the company in the U.S. Trustee, the U.S. Trustee which is a division that is part of the U.S. Department of Justice has also filed an application to dismiss LTL’s bankruptcy second case.
In a statement this week, U.S. Trustee Andrew R. Vara wrote that the doors of bankruptcy courts are “open to honest, but naive debtors.” Those doors “are not open to parties that lack a legitimate bankruptcy goal or who seek to take advantage of the bankruptcy process to hinder or delay their creditors,” Vara continued.
On the other hand, J&J maintains there is no proof conclusive that their Talc products, which includes the famous baby powder, cause cancer. J&J has been taking the products of the market–first in North America in 2020–and the rest of the world this year.
J&J seeks to avoid the costly business of going to court. It has won the majority of the cases that have been resolved in court, however some losses have been punitive.
A highly-publicized trial in Missouri ended in a $4.7 billion verdict against the drugmaker and was later lowered 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 talc trials that are either on appeal or have been concluded. In 41 trials 32 of them ended in an outcome for J&J, a mistrial or plaintiff verdicts that were reversed after appeal. Does talc always contain asbestos. The company also in 2020 sought to settle nearly 1,000 cases for $110 million. Bloomberg published at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Does Talc Always Contain Asbestos
Our lawyers are handling the baby powder litigation in all 50 states. The talcum powder lawsuits on behalf of Johnson & Johnson have been in the process for several years. Does talc always contain asbestos. The lawsuits assert that long-term use of talcum powder (or “talc”), the active ingredient in products like Baby Powder or Shower to Shower and Shower to Shower, could cause ovarian cancer in some women.
This article provides a J&J update on the talc power litigation and provides an overview of how the upcoming bankruptcy ruling will impact the final settlement amount of the ovarian cancer lawsuits.
Has the deadline passed for you to bring a talcum lawsuit? Many who assume 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 – Does Talc Always Contain Asbestos
June 2 2023 Update: During the trial for asbestos-containing talc which took place in California yesterday, a couple of technical issues disrupted the opening speech of defense lawyers. Does talc always contain asbestos. The jurors, attending from their homes via Zoom, did hear Johnson & Johnson’s lawyer voice his doubt about the 70s research asserting the presence of asbestos in their product, but the proceedings abruptly ended.
The plaintiff had the opportunity to introduce its first expert witness Arthur Langer. Langer stated that the presence of other minerals with the talc mineral is a given. He said that his team informed J&J in the year 1971 about the presence of asbestos chrysotile in the talc of the company, but at lesser than 0.1 percent. He also uncovered more asbestos in 1976.
June 1st, 2023 Update: Does talc always contain asbestos. A trial for the first time since J&J decided to spin off its talc division, and then declare bankrupt is a pivotal moment of the ongoing lawsuit story. Trial began yesterday in the tragic case of a young, 24-year-old plaintiff who was diagnosed with a rare and aggressive type of mesothelioma earlier this year. an illness that lawyers on both sides of the argument agree is a tragedy of a different kind.
The opening statements exposed the sharp differences in the two sides’ narrative. The attorney representing the plaintiff took aim on Johnson & Johnson, alleging the use of deceitful strategies in its research practices as well as throughout the litigation process. The attorney claims that, according to, the company tried to manipulate the definition of asbestos, despite internal documents dating back to between 1978 and 1994 that showed asbestos fibers that were found in the tissue of the plaintiff are included.
Johnson &J’s highly uncertain $8.9 billion settlement offer hangs in the balance with the progression of this trial. Despite the particularity of this mesothelioma lawsuit and its unique challenges compared to other lawsuits involving talcum powder and a decision in favor of the plaintiff could result in a serious setback to J&J’s hopes of broad acceptance of the settlement they have proposed among plaintiffs.
May 31 2023: Update from Johnson and Johnson’s bankrupt talc business vigorously defended their 2nd Chapter 11 filing in the facing challenges from talc injury 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. It also emphasized the unprecedented commitment to $8.9 billion from J&J, the largest settlement ever made in an bankruptcy case involving mass torts. Does talc always contain asbestos. There was no mention of how the size of the settlement indicates that it is a fair settlement. J&J also claimed that it received support from a variety of plaintiffs’ law firms that represent over sixty thousand claimants. It is difficult to confirm but likely incorrect.
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 that contain asbestos is scheduled to begin jury selection on Monday, California within the Alameda County Superior Court, an historically reliable location for plaintiffs. The plaintiff claims his mesothelioma is the result of asbestos exposure resulting from J&J’s products and the company has denied. The trial also involves six retailers who are accused of selling talc-based products.
May 22, 2023 Update: Lawyers in the 2nd J&J Talc bankruptcy are in a dispute over who should be appointed to the post of the future claims representative, which is vitally essential to the resolution of the claim for talc. Does talc always contain asbestos. Randi Ellis, a lawyer who is frequently involved in MDLs throughout the country was appointed the claims representative in the previous bankruptcy. J&J’s defense attorneys want Ellis to be appointed in that position in the future, however lawyers representing the talc plaintiffs are protesting due to the fact that Ellis has an unrelated conflict of interest that should prevent her from being appointed to that post in the future. The issue stems from the possibility that Ellis was involved in the drafting of the highly contesting second bankruptcy, raising doubts about her capability to remain neutral. The reality is this bankruptcy will likely to be dismissed in the end.
May 17, 2023 Update: The fake company J&J formed to settle the talc litigation bankruptcy informed the New Jersey bankruptcy court that they had allocated $400 million as a settlement for claims made by states accusing the company of misleading advertising regarding its talc products. Does talc always contain asbestos. So that makes it an $8.5 billion settlement to cancer victims. It is hard to imagine an eventuality where J&J can get the settlements of baby powder through with these numbers. While J&J’s $8.5 billion offer seems like a lot of money initially, it does not look very appealing when you consider the math. The proposed settlement based on our estimates – will not pay victims much more than an average settlement $100,000 per instance. This isn’t enough.
May 15th, 2023 Update J&J could be facing lawsuit from an advocacy group representing cancer patients. Does talc always contain asbestos. The group claims that J&J deliberately withdrew a $61.5 billion fund-raising agreement in conjunction with its affiliate, LTL Management LLC, to create the appearance of financial hardship and validate the unit’s Chapter 11 bankruptcy filing. The group asserts this action could be interpreted as a fraudulent transfer of the rights of victims’ compensation. They are planning to study J&J’s actions in the wake of the decision to dismiss the LTL’s bankruptcy case in its first instance.
May 10 2023 Update: During the next week in next week, the U.S. Bankruptcy Court in New Jersey will hear oral arguments regarding a motion to dismiss the second bankruptcy petition filed from J&J subsidiary LTL Management. However, in the meantime this bankruptcy court has issued an Order which requires both sides to participate in a second settlement mediation with the hopes of achieving it will be possible to reach a global settlement agreement reached.
May 5th 2023: Update on Talc manufacturer Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to numerous lawsuits alleging that its Talc products cause cancer due to asbestos exposure. Does talc always contain asbestos. Over 2,700 individuals have sued the firm and it has been paying $1 million per month to defend itself. The company’s recent $29 million verdict that was handed down in South Carolina forced it to pursue bankruptcy protection, and arguing for equitable distribution of assets to talc claimants, rather than being taken in the hands of the receiver. Other suppliers of talc have 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 reopen settlement discussions with lawyers who turned down the company’s $8.9 billion settlement offer. At Trenton, New Jersey yesterday the parties appeared in court to discuss next steps to take in this second case of bankruptcy and Judge Kaplan was pushing for more settlement discussions.
This is the best way to settle these claims with J&J. The baby powder settlement is likely to be achieved. Does talc always contain asbestos. However, it will require more money – billions of dollars from Johnson & Johnson.
Lawyers are split on whether to accept the proposal and not every client sees the situation the same way their lawyer views it. Second bankruptcy cases are destined to be a failure as Judge Kaplan has set a date for a hearing in June to decide whether to close the case for the third time.
May 3 2023 Update The group of cancer patients who have sued Johnson & Johnson (J&J) asked an order from J&J’s Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it attempts to block litigation regarding talc-related products. The committee representing talc claimants filed a motion on Tuesday, asking the Third Circuit to consider their case and send it back to a lower court with instructions for dismissing the bankruptcy. Does talc always contain asbestos. The committee also requested that the stoppage of tort litigation against J&J should be permitted to continue.
LTL has filed for Chapter 11 protection once again following its bankruptcy filing that was denied in the Third Circuit earlier this year and offered an $8.9 billion deal. The committee argues that the recent decision allowing LTL’s second Chapter 11 to continue, as well as halting the trials against J&J and J&J, requires 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 as saying that J&J plans to file a statement in the appeals court characterizing the filing as an “desperate and legally insufficient move” by a select group of law firms who have conflicting financial interests.
May 1st 2023 Update: A most frequently asked question is how plaintiffs and their attorneys turn around $8.9 billion. Of course, that’s an immense amount of money. But there are plenty of victims. Does talc always contain asbestos. These are an excellent arguments for plaintiffs. We were reminded recently in two talc trials which ended in large verdicts for plaintiffs. In February mesothelioma cases, a talcum powder trial in Oregon was settled with a verdict in the amount of $18.1 million. A month later, another mesothelioma-related talc case went to hearing in South Carolina and resulted in the verdict of $29 million to 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 tried to take the talcum powder litigation into bankruptcy, it did so with the option of putting aside $2 billion to settle the case. The amount was absurdly low. There was no one among the talc victims who were in favor of the offer. This time, J&J has increased the offer to $8.9 for talc-related plaintiffs if they will allow a bankruptcy settlement and also has the support of a substantial portion of the talc plaintiffs and their lawyers. Does talc always contain asbestos. But with 75% of plaintiffs in the talc category, which is required to approve bankruptcy plans, it a tough road due to the sheer number of lawyers with vast collections of baby powder-related lawsuits, opposed in favor of the deal.
What are the solutions to the impasse? More billions.
April 25, 2023 Update: Talc patients have requested a judge to dismiss their Chapter 11 case filed by LTL Management LLC, a absurdly fabricated Johnson & Johnson subsidiary, declaring that the company isn’t financially troubled. LTL has filed for Chapter 11 to settle tens of thousands of claims that J&J’s baby-powders caused cancer. Does talc always contain asbestos. LTL was denied Chapter 11 in January. 3rd Circuit dismissed its first Chapter 11 case in January, saying the company wasn’t eligible for bankruptcy relief because it had not demonstrated financial difficulties.
The claimants contend that LTL’s third Chapter 11 case is an fraud on the bankruptcy system, and that it’s being pursued in bad good faith. J&J claims the bankruptcy settlement is backed by “significant support” from the firms that represent about 60,000 potential people who are claiming. It’s safe to say that the plaintiffs’ attorneys and victims are divided over this $8.9 billion settlement offer.
April 21, 2023 Update: A bankruptcy judge decided in favor of Johnson & Johnson must face new lawsuits alleging that the company sold tainted baby powder causing cancer. While trials in Talc lawsuits are suspended for at least 60 days, new lawsuits can be filed and lawyers may begin to prepare their cases. Does talc always contain asbestos. The judge expressed his doubts about J&J’s ridiculous effort to revive its plan with the second bankruptcy case.
April 13th 2023 Update: major announcement is an $8.9 billion over the course of 25 years offer for settlement. Lawyers representing cancer patients involved in MDL class action MDL class action have pledged to fight the settlement alongside those who claim talc. Why? They argue that it’s not enough for 70 000 cancer patients. Does talc always contain asbestos. These lawyers believe that J&J could negotiate a greater settlement or litigate individual claims in the event that the latest bankruptcy is dismissed.
However, there is a second group of lawyers that is not part of the top leadership in this class action. These lawyers have collectively amassed hundreds of thousands of cases. This group wants to settle the case now in what many believe to be lower than what the victims should be paid. Their argument appears to be two-fold. The first is that they claim the settlement – about the equivalent of $100,000 per plaintiff is fair.
This is an argument that is difficult to argue. The second argument is more teeth: victims can now not wait and they want their money now.
April 12 2023 Update: Some people are seeking out how J&J can file for bankruptcy again. The answer is complex and convoluted. However, let’s attempt to explain it in simple terms.
Johnson & Johnson asserts that bankruptcy is the only option to settle both present and future lawsuits involving talc conclusively. Also, it believes that it will be less expensive should there be the bankruptcy element which applies pressure for a settlement. Does talc always contain asbestos. Driving past hundreds of years of American past, the company argues that bankruptcy benefits all parties as it distributes settlements more equally and more efficiently than trial courts which are where litigants get significant awards while others receive nothing.
The main thrust in the 3rd Circuit decision was this is not a matter of an enterprise that is profitable, forming an affiliate to accept the legal risk and declare bankruptcy 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 because J&J promised unlimited funding.
Thus, J&J jumped on the funding unlimited part of the contract and did not promise that it would provide unlimited funds for lawsuits. J&J claims that its updated financing arrangements with its subsidiary address the concerns of the appeals court while offering funds to pay claims. It’s as if giving victims lower amounts of money would resolve the overarching problem.
Lawyers representing cancer patients who oppose the agreement counter this by arguing that the plaintiff is countering legal nonsense legal absurdity: J&J fraudulently transferred $50 billion of assets from LTL Management to circumvent the appeals court’s earlier ruling. Hyperbole was not spared attorneys representing the victims claim it the most significant “fraudulent transfer that has occurred in United States history.”
In spite of the legal jargon, J&J does not really believe this bankruptcy will be able to last. However, it’s a means to try and push the $8.9 billion settlement and keep the pressure on plaintiffs.
April 10 2023 Update Bloomberg offers an informative report on a brand new law that has been passed in New Jersey that is shedding new light on the funding of litigation in the plaintiffs in the class action. Litigation funders Virage Capital Management and TRGP Capital invested in hundreds of claims that were brought against Johnson & Johnson (J&J) regarding talc products, in exchange for a portion of any wins. J&J is now offering that it will pay $8.9 billion to settle lawsuits.
The involvement of the funders is made public because of the New Jersey court rule requiring the disclosure of certain information regarding outside funding backers. The rules aim to address the rising calls for the regulation of litigation funders. J&J faces over 60,000 claims when you combine federal and state infant powder litigation. Third-party funding of mass tort cases has its pros and pros and. There is no doubt that we are seeing the ways that third-party funding can even the playing field for individuals and big corporations in court.
April 4, 2023 Update: It’s enjoyable to see 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 extend the automatic stay in the meantime that J&J appeals a bankruptcy decision before the U.S. Supreme Court. Automatic stays have frozen thousands of talcum cases and stopped the filing of new lawsuits ever since J&J initiated the controversial effort to spin the talc debts off into a bankrupt subsidiary more than a year back. Does talc always contain asbestos. When it was decided that the 3rd Circuit ruled that this bankruptcy was not legal a few months ago, the stay was revoked. J&J wanted to see it remain in effect until hearing 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. The odds that of the Supreme Court is willing even to consider the appeal? Low.
March 16 2023 Update: with the bankruptcy stay having been officially lifted, the very first new cases were filed and incorporated into the class action for talcum powder MDL in over one year. Seven new talc lawsuits have been joined to the MDL in the last month, bringing the total number of pending cases up to 37,522.
February 25, 2023 Update: A Congressmen from Tennessee is now calling for The U.S. Government Accountability Office (GAO) start an investigation to determine how much J&J talc products have cost the government in the many years.
In a recent letter addressed 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 products for decades while tax dollars were spent on treating people who suffered injuries from exposure to the products. The demand comes just weeks after J&J’s significant loss in the 3rd Circuit Court of Appeals.
Does talc always contain asbestos. J&J has to begin making fair settlement offers to victims, in order getting this behind. This is a disgrace to one of the world’s greatest companies.
February 14 2023 Update: During an earlier hearing 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 Does talc always contain 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!