You May be Entitled to Significant Compensation Is mica as bad as 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 talc settlement would pay $440 million US state AGs. Is Mica As Bad As Talc .
Johnson & Johnson (JNJ.N) has set aside $400 million to resolve U.S. state consumer protection actions as part of a larger $8.9 billion effort to settle allegations that it’s Baby Powder and other talc-based product causes cancer. Is mica as bad as talc.
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 bankruptcy settlement. Is mica as bad as talc. J&J has declared that its products containing talc are safe and don’t cause cancer. The company is trying for the second time to end more than 38,000 lawsuits brought in bankruptcy and stop new cases from being filed in the future.
LTL’s bankruptcy plans would deposit $400 million into a separate trust for claims brought from state attorney generals alleging that J&J had violated laws against unfair business practices in the State of New York as well as consumer protection laws, by deceiving consumers regarding the safety of its talc products.
Many states had initiated consumer protection lawsuits against J&J prior to the time that LTL’s bankruptcy filing prevented those investigations from proceeding in 2021. Is mica as bad as talc. New Mexico and Mississippi had already brought suits with Johnson & Johnson before then and states like 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 as well as cancer patients as well as The U.S. Justice Department’s bankruptcy watchdog. have claimed that a lucrative firm like J&J is not eligible for bankruptcy protections intended for struggling debtors.
The first time LTL attempted to settle the lawsuits in bankruptcy was dismissed after similar arguments. In the end, a U.S. appellate court ruled in favor of LTL wasn’t in “financial difficulty” and thus not eligible of bankruptcy protection. Is mica as bad as talc. LTL filed a second bankruptcy less than two hours after the dismissal, saying that the second bankruptcy was different in that there was less money available and more backing for the settlement.
New Mexico and Mississippi said in their motion to dismiss LTL’s new bankruptcy violates the law enforcement powers of the state by trying to unilaterally cap LTL’s liability to state consumer protection measures.
Is Mica As Bad As Talc
The filings of LTL’s latest bankruptcy proceedings also include additional details about how the company would assess and pay for cancer claims in the event that the bankruptcy plan is approved.
The most significant payments under the settlement will be $500,000 for patients diagnosed with mesothelioma terminal prior to age 45 and $260,000 for people diagnosed with terminal ovarian cancer before age 45.
From there, the proposed settlement applies discounts depending on the kind and severity of cancer, an individual’s age, previous usage of talc and other variables. Is mica as bad as talc. For example someone who regularly used daily talc products, had the family history of ovarian cancer, and was diagnosed with an ovarian cancer stage II when she was 55 may be eligible to receive a payout of $21,125 under the plan.
Judge orders J&J and talc opponents participate in settlement talks.
After another round of hearings in Johnson and Johnson’s efforts to employ a Texas Two Step bankruptcy strategy to settle talc lawsuits, federal bankruptcy Judge Michael Kaplan has ordered the firm and the people who opposed the plan to enter into settlement talks, Bloomberg reports.
With its second bankruptcy bid for LTL Management–a subsidiary established by J&J to settle claims – the company offered a settlement amounting to $8.9 billion. Is mica as bad as talc. While a firm representing plaintiffs agree with the settlement, a different group is against the settlement.
This week, the opposition group, known as the Official Committee of Talc Claimants in the bankruptcy court, demanded to disqualify the petition argument that LTL can not be considered in financial hardship.
“The filing is a desperate and legally ineffective attempt by a small number of law firms to block claimants from voting on the resolution, which the vast majority of claimants are in favor of,” J&J’s litigation chief Erik Haas, said in a statement. Is mica as bad as talc. “The law firms behind this filing have financial interests that are in conflict with, differ from and contravene those that their customers. We’ll submit an answer an appeal to the appellate court.”
Is mica as bad as talc. Clay Thompson, a lawyer for MRHFM, which is home to more than mesothelioma victims who have sued J&J and J&J, has said that J&J’s second bankruptcy effort will fail.
“J&J publishes press release that boast about how amazing its plan is while simultaneously insisting that the details of its plan–including the treatment each sick person will receive,” Thompson said in an email. “What do they have to keep secret?”
Kaplan has instructed both sides to come up with another reorganization plan, under supervision of two mediators.
In February 2022, Kaplan stated that J&J’s recourse to Chapter 11 to hasten a settlement that would release the company from the hundreds of thousands of claims regarding its talcum products.
In January of this year a federal appeals court overturned the decision, deciding that the business could not be considered in “financial trouble.”
When J&J’s attempt to make an appeal before the U.S. Supreme Court was dismissed in April, J&J filed for its second bankruptcy roughly two hours after. In response, Kaplan froze the lawsuits for 60 calendar days to decide whether or not to approve an additional bankruptcy.
J&J’s omnipotent profit engine fails after $6.9B settlement charge for talc.
In the two Chapter 11 attempts, J&J has been able to buy 19 months in which cases have been in limbo. Is mica as bad as talc. The company is requesting that claimants vote on accepting their settlement. J&J will require 75% acceptance in order for the agreement to be accepted.
Alongside the group of talc lawyers who criticised LTL’s bankruptcy plan and the U.S. Trustee, an arm of the U.S. Department of Justice, also filed an application to dismiss LTL’s second bankruptcy.
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.” These doors “are not open to parties that lack a legitimate bankruptcy objective or 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 products containing talc, such as its iconic baby powder, can cause cancer. J&J has taken the products of the market first for North America in 2020–and the rest of the world this year.
J&J intends to steer clear of the expense of going to trial. It has won most of the cases that have been decided through trial, though some losses have been severe.
A highly publicized trial in Missouri ended 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 cases in talc which are being appealed or concluded. Out of 41 trials 32 of them ended in winning for J&J or a mistrial, or verdict for a plaintiff that was dismissed upon appeal. Is mica as bad as talc. Additionally, the company in 2020 moved to settle over 1,000 cases worth 100 million dollars, Bloomberg reported at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Is Mica As Bad As Talc
Our lawyers are handling baby powder cases in every state. The talcum powder lawsuits against Johnson & Johnson have been ongoing for years. Is mica as bad as talc. The lawsuits allege that prolonged use of talcum powder (or “talc”), the active ingredient in many products, including baby Powder and Shower to Shower, can cause ovarian cancer in some women.
This article provides a J&J talc power litigation update and discusses how the upcoming bankruptcy ruling will impact the final settlement amounts in the Ovarian Cancer lawsuits.
Did the deadline expire for you to bring a talcum lawsuit? Many who believe that 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 case review online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Is Mica As Bad As Talc
June 2, 2023 Update: During the asbestos talc trial that took place in California yesterday, a few technical issues disrupted the opening statement by the defense attorneys. Is mica as bad as talc. Jurors from home via Zoom and hearing the Johnson & Johnson’s lawyer voice his doubt about the 70s research claiming asbestos was present in their product before the opening was abruptly ended.
The plaintiff was able to introduce their first witness, Arthur Langer. Langer explained that the existence of additional minerals along with talc is expected. He testified that his team advised J&J in 1971 of the presence of chrysotile asbestos in the talc manufactured by the company, though in just 0.1 percent. He also uncovered more asbestos in 1976.
June 1st, 2023 Update: Is mica as bad as talc. This is the first court trial that has taken place since J&J took the decision to disband its Talc division, and then declare bankrupt marks an important turning point in the ongoing talc litigation controversy. Trial began yesterday in the heartbreaking trial of a young plaintiff who was diagnosed with an extremely rare and aggressive form of mesothelioma in the past year, a diagnosis lawyers on both sides believe is a tragic loss.
The opening statements exposed the stark differences in each side’s narrative. The attorney representing the plaintiff took aim against Johnson & Johnson, alleging the use of deceptive techniques in its research practices and throughout the litigation process. According to the attorney Johnson & Johnson attempted to alter the definition of asbestos, despite internal documents from 1978 and 1994 showing that fibers discovered in the plaintiff’s tissue are included.
Johnson &J’s tangled $8.9 billion settlement proposal hangs in the balance as we progress of this trial. Despite the unique nature of this mesothelioma case and its distinctive issues in comparison to the majority of talcum powder lawsuits and a decision in favor of the plaintiff could result in an enormous setback for J&J’s hopes for broad acceptance of their proposed settlement with plaintiffs.
May 31 2023: Update from Johnson & Johnson’s bankrupt talc business vigorously defended it’s Second Chapter 11 filing in the face of challenges from the talc injury plaintiffs. In an objection submitted to the New Jersey bankruptcy court, the subsidiary argued that the filing was distinct from the previous filing. It also emphasized the unprecedented commitment to $8.9 billion from J&J as the largest settlement ever in the history of a mass tort bankruptcy. Is mica as bad as talc. Not mentioned: how the size of the settlement means it is an equitable settlement. J&J also claimed support from numerous plaintiffs’ law firms representing over 600,00 claimants. This is not easy to confirm but likely incorrect.
May 24 2023 Update: Following Johnson &J Johnson’s bankruptcy filing, the very first trial concerning the cosmetic talc products it claims to that contain asbestos is scheduled to start jury selection Monday in California at Alameda County Superior Court, which is a well-known court for plaintiffs. Plaintiff claims that mesothelioma was triggered by asbestos exposure from J&J’s products and the company denies. The trial also includes six retailers who are accused of selling talc-based products.
May 22, 2023 Update: Lawyers involved in the second J&J talc bankruptcy are fighting over who should be chosen to fill the role of a the claims representative in the future, an important role critical to resolving talc claims. Is mica as bad as talc. Randi Ellis, a lawyer who is frequently involved in MDLs throughout the country was appointed the claims representative in the first bankruptcy. J&J’s defense attorneys want Ellis to be appointed in that position and again, but attorneys for the talc plaintiffs are protesting on the grounds that Ellis has an interest conflict that should prevent her from being appointed to that post once more. The dispute stems from fact that Ellis was believed to have been involved in drafting the controversially disputable second bankruptcy, which raises questions about her capability 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 made up for the talc bankruptcy disclosed to a 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. Is mica as bad as talc. It’s a $8.5 billion settlement for cancer patients. It’s difficult to imagine the scenario in which J&J can push these settlements for babies given these numbers. While J&J’s $8.5 billion offer may seem like a huge sum at first, it does not appear appealing after you calculate the figures. The proposed settlement based on our estimates – will not offer victims anything more than an average settlement $100,000 per case. This isn’t enough.
May 15th, 2023 update: J&J is potentially facing a lawsuit brought by an advocacy group that represents cancer patients. Is mica as bad as talc. The group contends that J&J deliberately retracted a $61.5 billion contract for funding that it had with its company subsidiary LTL Management LLC, to simulate financial stress and to validate the company’s Chapter 11 bankruptcy filing. The group asserts this action amounts to a fraudulent transfer of right to compensation for victims. They intend to investigate J&J’s actions after the announcement of the decision to dismiss LTL’s first bankruptcy suit.
May 10 2023 Update: Next week, this week the U.S. Bankruptcy Court in New Jersey will hear oral arguments on a motion to dismiss the second bankruptcy petition filed from J&J LTL Management, J&J’s subsidiary. LTL Management. In the meantime, however, this bankruptcy court has issued an Order calling for both parties to take part in a second settlement mediation in the hope that it will be possible to reach a global settlement agreement reached.
May 5, 2023 Update: Talc supplier Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to many lawsuits claiming that its talc products caused cancer through asbestos exposure. Is mica as bad as talc. Over 2700 people have sued the firm, and it was spending $1 million a month to defend its legal position. The company’s recent $29million settlement at the Supreme Court of South Carolina forced it to file for bankruptcy protection, arguing for equitable distribution of assets between talc claimants rather than being seized from the receiver. Other suppliers of talc have declared bankruptcy because of legal proceedings.
May 4, 2023, Update U.S. Court of Bankruptcy Michael Kaplan has directed Johnson & Johnson to resume negotiations with lawyers who rejected the company’s $8.9 billion offer for settlement. The court in Trenton, New Jersey yesterday the parties appeared in court to discuss next steps in the second bankruptcy case and Judge Kaplan pushed more settlement talks.
This is the best way to settle these claims for J&J. A settlement for baby powder can be achieved. Is mica as bad as talc. But it will require more money, more billions of dollars – by Johnson & Johnson.
Lawyers are split on whether to accept the proposal and not every client sees the issue in the same manner their attorney does. The second bankruptcy case is expected to go nowhere and Judge Kaplan has scheduled a hearing for June to decide if he will close the case for the third time.
May 3, 2023 Update A group of cancer victims suing Johnson & Johnson (J&J) requested that they request that the Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it is an attempt to derail the litigation involving talc products. The group representing claimants for talc filed a motion on Tuesday asking for the Third Circuit to consider their case and send it back an earlier court, with instructions to dismiss the bankruptcy. Is mica as bad as talc. They also asked that the halted tort litigation against J&J allow the litigation to continue.
LTL has filed for Chapter 11 protection once again after its bankruptcy filing was rejected in the Third Circuit earlier this year which offered a $8.9 billion payment. The committee argues that the recent decision allowing LTL’s third Chapter 11 to continue, while also halting trials against J&J and J&J, requires urgent Third Circuit review. The US Trustee also requested that an New Jersey bankruptcy court dismiss the LTL bankruptcy case. J&J’s worldwide vice president of litigation Erik Haas, was quoted by Bloomberg saying that J&J plans to file a response in the appeals court, saying that the filing is an “desperate and legally inadequate plan” by a small number of law firms that have competing financial interests.
May 1st 2023 Update: One frequently asked question is how could the plaintiffs’ lawyers and their clients turn down $8.9 billion. That’s of course an enormous amount of money. There are a lot of victims. Is mica as bad as talc. They are a great claims for plaintiffs. We were reminded of this last week when two talc cases ended in large verdicts for plaintiffs. In February the mesothelioma case involving talcum powder trial in Oregon resulted in a verdict of $18.1 million. In the same month, a different mesothelioma-related talc case went to trials within South Carolina and resulted in a 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 30 2023 Update: When J&J initially tried to take the talcum powder lawsuit into bankruptcy, it was met with an offer to reserve $2 billion for settlements. The amount was absurdly low. None of the talc plaintiffs believed in the offer. However, this time, J&J has increased the offer to $8.9 If the talc plaintiffs agree to a bankruptcy settlement and also has the backing of a significant portion of the talc plaintiffs and their attorneys. Is mica as bad as talc. But with 75% of plaintiffs in the talc category, which is necessary for bankruptcy plan approval is a difficult road with so many lawyers with vast inventory of baby powder litigations opposed against the proposed settlement.
What could solve the impasse? More billions.
April 25 2023, Update Talc patients have demanded a judge reject the Chapter 11 case filed by LTL Management LLC, a absurdly made-up Johnson & Johnson subsidiary, insisting that the company is not financially strained. LTL filed for Chapter 11 to settle tens of thousands of claims that J&J’s baby-powders caused cancer. Is mica as bad as talc. In the end, however, the 3rd Circuit dismissed its first Chapter 11 case in January and said that LTL was not eligible to receive bankruptcy relief because it had not demonstrated financial difficulties.
The claimants assert that LTL’s second Chapter 11 case is an misuse of the bankruptcy system, and that it’s being pursued in bad faith. J&J says the bankruptcy settlement receives “significant backing” from companies representing about 60,000 potential claimants. It is fair to say that plaintiffs’ lawyers and victims are divided over their disagreement over the $8.9 billion amount of settlement offered.
April 21st, 2023 Update A bankruptcy judge has decided the company 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 a minimum of 60 days but new lawsuits can be filed and lawyers are able to begin preparing their cases. Is mica as bad as talc. Judges expressed skepticism about J&J’s pathetic attempt to relaunch its strategy in a second bankruptcy case.
April 13th, 2023 update: the big news is the $8.9 billion over the next 25 years settlement offer. Lawyers representing cancer patients in MDL class action MDL class action have vowed to challenge the settlement those who claim talc. Why? They feel it’s not enough to pay for 70 000 cancer patients. Is mica as bad as talc. These lawyers believe that J&J should negotiate a bigger settlement or settle individual claims in the event that the latest bankruptcy is dismissed.
But there’s a separate group of lawyers outside of the leadership in that class action. These lawyers have amassed hundreds of thousands of cases. This group wants to settle today with what they believe is lower than what the victims should be paid. Their argument is twofold. First, they argue the settlement of around an average of $100,000 per plaintiff is fair.
That is a hard argument to make. However, their second argument has more force: the victims can no longer wait and want to get their money right now.
April 12 2023 Update: People are seeking out how J&J could file for bankruptcy again. The answer is complicated and convoluted. Let’s try to clarify it clearly.
Johnson & Johnson asserts that bankruptcy is the only option to settle both present and future talc-related lawsuits definitively. It thinks it can get a lower rate in the event of a bankruptcy element that creates pressure to settle. Is mica as bad as talc. Driving past the 400-year span of American time, the business claims that bankruptcy benefits all parties by distributing settlement payments more equitably and effectively than trial courts in which some litigants receive substantial award while others do not.
The basic tenet of this 3rd Circuit decision was this isn’t a case that involves one that makes a profit, but an entity to assume the legal risk and declare bankruptcy Congress contemplated when drafting the Bankruptcy Code. However, it also stated it was not in financial difficulty because J&J offered unlimited financing.
So J&J did not hesitate to take advantage of the funding unlimited part of the contract and did not promise to provide unlimited funding for lawsuits. J&J claims that its updated financing arrangements with its subsidiary will address appeals court’s concerns while still offering funds to pay claims. As if offering victims less money would solve the overall issue.
Attorneys representing cancer patients who do not agree with the agreement counter this by arguing that the plaintiff is countering legal nonsense with legal nonsense: J&J fraudulently transferred $50 billion in assets away from LTL Management to circumvent the appeals court’s decision. Hyperbole was not spared the lawyers representing victims call it the biggest “fraudulent deal that has occurred in United States history.”
Notwithstanding the legal mumbo jumbo, J&J does not really think that the bankruptcy will endure. But it is a way of trying to push this $8.9 billion settlement and keep pressure on plaintiffs.
April 10 2023, Update Bloomberg is running an intriguing piece on a law that has been passed of New Jersey that is shedding new light on the funding of litigation in the Class action suit. The funders who fund litigation Virage Capital Management and TRGP Capital invested in hundreds of lawsuits from Johnson & Johnson (J&J) on behalf of talc products. They exchanged for a portion of any settlements. J&J is now offering an offer of $8.9 billion to settle all lawsuits.
The involvement of the funders is public information because of a New Jersey court rule requiring the disclosure of certain information about funders outside the state. The rules aim to address the rising calls for the regulation of litigation funders. J&J has more than 60,000 claims when you add up federal and state infant powder litigation. Third-party financing in mass tort cases is not without its pros and cons. However, there is no doubt that we are seeing 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 case. J&J took another hit this week when an appeals court in the Third Circuit denied J&J’s request to maintain the automatic stay in the meantime that J&J appeals a bankruptcy ruling in the U.S. Supreme Court. Automatic stays have stopped the cases of talcum powder in a number of years and prevented the filing of new lawsuits ever since J&J started the controversial process to spin the talc liabilities into a bankrupt subsidiary more than a year back. Is mica as bad as talc. When it was decided that the 3rd Circuit ruled that this bankruptcy was invalid only a few months back, the stay was removed. J&J wanted to see it remain in effect until the SCOTUS appeal. But, 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 now in effect, the first new cases have been filed and transferred into the class action involving talcum powder MDL in just over a year. Seven new talc cases were joined to the MDL in the past month, bringing the total number of cases pending to 37,522.
February 25, 2023 Update 2023 Update: A Congressmen from Tennessee is now calling for authorities from the U.S. Government Accountability Office (GAO) start an investigation into how much J&J talc products have cost the government over the many years.
A recent email addressed to the GAO, Rep. Steven Cohen (D-Ten.) has accused J&J of failing to recognize the dangers of its talc products over many years, while tax dollars were utilized to treat people injured by exposure to the product. The lawsuit comes just a few weeks after J&J’s major loss in the 3rd Circuit Court of Appeals.
Is mica as bad as talc. J&J has to begin making reasonable settlements to victims to begin in putting this behind it. It is a stain on one of the greatest businesses.
February 14 2023 Update: During an appearance today in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention to follow his 3rd U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.
You May be Entitled to Significant Compensation Is mica as bad as 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!