You May be Entitled to Significant Compensation Is talc bad in cosmetics. 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 be worth the sum of $400 million US state AGs. Is Talc Bad In Cosmetics .
Johnson & Johnson (JNJ.N) has set aside $400 million to settle U.S. state consumer protection actions as part of a wider $8.9 billion effort to settle allegations that it’s Baby Powder and other talc ingredients cause cancer. Is talc bad in cosmetics.
J&J subsidiaries LTL Management filed a bankruptcy plan in New Jersey late on Monday that outlines how the firm will pay various types of cancer sufferers in an arrangement for bankruptcy. Is talc bad in cosmetics. J&J has stated that its products containing talc are safe and don’t cause cancer. It is attempting for another time to settle more than 38,000 lawsuits in bankruptcy and stop new cases from arising in the future.
The bankruptcy plan of LTL would pay $400 million into a separate trust for claims brought with state attorneys general claiming that J&J was in violation of the state’s unfair commercial practices as well as consumer protection laws through misleading consumers about the quality of its talc products.
Some states had started consumer protection cases against J&J prior to LTL’s bankruptcy filing stopped these investigations from moving forward in 2021. Is talc bad in cosmetics. New Mexico and Mississippi had already initiated suits against Johnson & Johnson before then and the states of Arizona, Maryland, North Carolina, Texas and Washington had issued subpoenas or civil investigative demands according to court papers.
New Mexico and Mississippi have taken steps to halt the bankruptcy of LTL as well as cancer patients and their counterparts from the U.S. Justice Department’s bankruptcy watchdog. They argue that a profit-making business like J&J does not qualify for bankruptcy protections meant for people with debt problems.
The company’s initial attempt to resolve the bankruptcy-related lawsuits was dismissed after similar arguments. The U.S. appellate court ruled it was not LTL was not in “financial financial distress” and thus not eligible of bankruptcy protection. Is talc bad in cosmetics. LTL had filed for bankruptcy again in just two hours following the decision to dismiss, arguing that its second attempt was different as it had less money and more support for a settlement.
New Mexico and Mississippi said in their motion to dismiss LTL’s latest bankruptcy violation of the state’s law enforcement authority by trying to unilaterally cap the liability of the company for state consumer protection laws.
Is Talc Bad In Cosmetics
LTL’s filings for the new year also contained additional details about how the company would assess and pay cancer claims in the event that the bankruptcy plan is approved.
The largest amount of money under the settlement would be $500,000 for those diagnosed with mesothelioma that is terminal before the age of 45, and $260,000 for those diagnosed with advanced ovarian cancer before age 45.
The proposed settlement offers discounts based on the type and severity of cancer, the individual’s age, history of usage of talc and other variables. Is talc bad in cosmetics. For instance an individual who was using daily talc products, had a family history of ovarian cancer, and was diagnosed with stage II ovarian cancer when she was 55 could be in line to receive a payment of $21,125 under the plan.
Judge orders J&J, talc opponents to engage in settlement talks.
Following another round of hearings in Johnson & Johnson’s attempt to use a Texas Two-Step bankruptcy strategy for talc litigation, federal bankruptcy Judge Michael Kaplan has ordered the company and those opposed to 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 created by J&J to hold the claims–the company offered a settlement amounting to $8.9 billion. Is talc bad in cosmetics. While one group of law firms representing plaintiffs is in favor of the proposal, another group is against the settlement.
The previous week, the opposition group, known as”The Official Committee of Talc Claimants in the bankruptcy court, demanded to disqualify the petition by arguing that LTL is not a factor to be in financial trouble.
“The filing is an unjust and legally flawed attempt by a tiny number of law firms to try to block claimants from voting on the resolution, which that the vast majority of claimants support,” J&J’s litigation chief Erik Haas, said in a statement. Is talc bad in cosmetics. “The law firms that are behind these filings have interests in finance that conflict with, diverge from and infringe on the rights that their customers. We’ll be submitting an appeal in the appeals court.”
Is talc bad in cosmetics. Clay Thompson, a lawyer for MRHFM, which includes more than mesothelioma clients who have filed lawsuits against J&J, said that J&J’s second bankruptcy effort failed.
“J&J issues press releases about how wonderful its plan is, while demanding that plan details–including what individual sick people would actually receive — be kept private,” Thompson said in the statement. “What do they have to conceal?”
Kaplan has instructed the sides to come up with another restructuring plan, with the oversight of two mediators.
As of February 2022 Kaplan confirmed J&J’s recourse to Chapter 11 to hasten a settlement that will free the company from the tens of thousands of claims over its talcum products.
In January of this year a federal appeals court ruled against the decision, deciding that the firm could not be considered to be in “financial difficulty.”
When J&J’s attempt to challenge the U.S. Supreme Court was turned down on April 1, J&J was granted a second petition for bankruptcy about two hours after. In response to that move, Kaplan froze the lawsuits for 60 days to decide whether to allow an additional bankruptcy.
J&J’s unstoppable profit engine goes out of control after $6.9B the talc litigation cost.
With the Two Chapter 11 attempts, J&J has purchased 19 months of which cases were put in limbo. Is talc bad in cosmetics. J&J wants the claimants to accept their settlement. J&J would need 75% acceptance for the deal to pass.
In addition to the gang of talc lawyers who panned the company’s bankruptcy play and the U.S. Trustee is an arm belonging to the U.S. Department of Justice, also filed an application to dismiss LTL’s bankruptcy second case.
In a recent filing, U.S. trustee Andrew R. Vara wrote that the bankruptcy are “open to honest, but naive debtors.” Those doors “are not open to parties that do not have a legitimate reason or want to use bankruptcy to hinder or delay their creditors.” Vara continued.
To its credit, J&J maintains there is no conclusive evidence that its Talc-based products, such as its iconic baby powder, can cause cancer. J&J has adopted the products from the market and will first launch them on North America in 2020–and the rest of the world this year.
J&J intends to steer clear of the expense of going to court. The company has won most of the cases decided through trial, though some losses have been severe.
A highly-publicized trial in Missouri resulted in a $4.7 billion verdict against the drug company and was later lowered to $2.1 billion after appeals.
Johnson & Johnson faces high-stakes hearing over ‘Texas Two Step’ talc strategy: report
Overall, J&J has lost nine trial involving talc that are being appealed or decided. Out of 41 trials, 32 have resulted in winning for J&J or a mistrial, or verdict of a plaintiff dismissed on appeal. Is talc bad in cosmetics. Additionally, the company in 2020 moved to settle nearly 1,000 cases worth the sum of $100 million. Bloomberg announced at that time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Is Talc Bad In Cosmetics
Our lawyers handle baby powder cases in every state. The talcum powder lawsuits on behalf of Johnson & Johnson have been ongoing for many years. Is talc bad in cosmetics. The lawsuits contend that the prolonged use of the powder (or “talc”), the active ingredient found in products such as Shower to Shower Powder and Shower to Shower which can cause ovarian cancer in some women.
This page gives the J&J talc power litigation update and provides an overview of how the upcoming bankruptcy ruling affects the final settlement amounts in the cases of ovarian cancer.
Is the deadline for you to bring a talcum lawsuit? Many who believe the deadline has passed to sue Johnson & Johnson are wrong. Call us today at 800-553-8082 or get a free and quick review of your case online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Is Talc Bad In Cosmetics
June 2 2023 Update: During the trial for asbestos-containing talc that took place in California yesterday, some technical glitches interrupted the opening statement by the defense lawyers. Is talc bad in cosmetics. Jurors from home on Zoom however, heard Johnson &Johnson’s lawyer express doubt about the 70s research that claimed asbestos was present in their product prior to the opening was abruptly ended.
The plaintiff could introduce its first expert witness Arthur Langer. Langer explained that the existence of additional minerals along with the talc mineral is a given. He testified that his team advised J&J in 1971 about the presence of chrysotile asbestos within the talc produced by the company, although at lesser than 0.1 percent. He also found more asbestos in 1976.
June 1st, 2023 Update Is talc bad in cosmetics. The first trial since J&J made the decision to split its talc division and declare bankruptcy is an important moment in the ongoing talc lawsuit controversy. The trial started 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. which lawyers on both sides of the argument agree is a tragic loss.
The opening statements exposed the stark differences in each side’s narrative. The plaintiff’s attorney took aim at Johnson & Johnson, alleging the use of deceptive methods in their research practices as well as throughout the litigation procedure. As per the lawyer Johnson & Johnson tried to alter the definition of asbestos despite internal documents from 1978 and 1994 showing that asbestos fibers that were found in the plaintiff’s tissue are included.
Johnson & Johnson’s uncertain $8.9 billion settlement is hanging in the balance as we course of this trial. Despite the distinct nature of this mesothelioma lawsuit and the unique issues it faces compared to other lawsuits involving talcum powder, a verdict favoring the plaintiff could be an enormous setback for J&J’s hopes of broad acceptance of their proposed settlement with plaintiffs.
May 31 2023: Update from Johnson and Johnson’s bankrupt talc business strongly defended the second Chapter 11 filing in the face of challenges from injured talc claimants. In an objection submitted to the New Jersey bankruptcy court, the subsidiary argued that the case was vastly different from the first filing. It highlighted the extraordinary commitment of $8.9 billion in settlement from J&J, the largest settlement ever in the history of a mass tort bankruptcy. Is talc bad in cosmetics. There was no mention of how the amount of the settlement implies that it is a fair settlement. J&J also claimed that it received support from various plaintiffs’ law firms representing more than the 60,000 plaintiffs. It is difficult to confirm however it is likely to be incorrect.
May 24, 2023 Update: Since Johnson & Johnson’s bankruptcy in 2021 filing, the very first trial on its cosmetic talc products that are believed to with asbestos content is scheduled to start jury selection on Monday in California within the Alameda County Superior Court, an historically reliable place for plaintiffs. Plaintiff claims that mesothelioma is the result of asbestos exposure resulting from J&J’s products, an allegation the company is denying. The trial also involves six retailers accused of selling talc-containing products.
May 22nd, 2023 Update Lawyers involved in the second J&J talc bankruptcy are now in a dispute over who should be appointed to the role of a the future claims representative, an important role essential in resolving the claims involving talc. Is talc bad in cosmetics. Randi Ellis, a lawyer who frequently appears in MDLs all over the nation, was appointed as the claims representative in the previous bankruptcy. J&J’s defense attorneys want Ellis to be appointed to this position and again, but attorneys for the plaintiffs in talc are arguing due to the fact that Ellis has conflicts of interest which would prohibit her from being appointed to that post once more. This conflict is rooted in the fact that Ellis was apparently involved in drafting the controversially contesting second bankruptcy, which raises concerns about her ability to be neutral. It’s true that this bankruptcy could be dismissed regardless.
May 17th, 2023 Update: The pretend company J&J formed for the talc litigation bankruptcy has informed the New Jersey bankruptcy court that they have allocated $400 million to settle claims made by states accusing the company of deceitful advertising regarding its talc products. Is talc bad in cosmetics. This amounts to an $8.5 billion settlement for cancer sufferers. It’s hard to imagine any scenario in which J&J can get these settlements for babies in these figures. While J&J’s proposed $8.5 billion offer may seem like a huge sum at first, it does not look great when you look at the numbers. The proposed settlement based on our rough calculations would not offer victims anything more than an average settlement $100,000 per case. This isn’t enough.
May 15th, 2023, Update J&J could be facing lawsuit by an advocacy group that represents cancer patients. Is talc bad in cosmetics. The group claims that J&J deliberately retracted an $61.5 billion funding 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 claims this decision is equivalent to a fraudulent transfer of right to compensation for victims. They will investigate J&J’s actions after the announcement of the dismissal of the first bankruptcy case of LTL.
May 10 2023 Update: During the next week next week, the U.S. Bankruptcy Court in New Jersey will hear oral arguments on a motion to dismiss the second bankruptcy petition filed of J&J LTL Management, J&J’s subsidiary. LTL Management. In the meantime, however, LTL Management has filed an Order requiring both sides to participate in a new settlement negotiation to see if an international settlement agreement can be been reached.
May 5 2023: Update on Talc producer Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to several lawsuits alleging that its talc products caused cancer through asbestos exposure. Is talc bad in cosmetics. Over 2,700 individuals have sued the company, and it was spending $1 million a month on legal defense. The company’s latest $29 million verdict that was handed down in South Carolina forced it to seek bankruptcy protection, arguing for equitable distribution of assets between talc claimants rather than being confiscated in the hands of the receiver. Other suppliers of talc have declared bankruptcy because of litigation.
May 4 2023 Update U.S. Court of Bankruptcy Michael Kaplan has directed Johnson & Johnson to relaunch talks with lawyers who turned down Johnson & Johnson’s $8.9 billion deal. In Trenton, New Jersey yesterday the parties gathered in court to discuss the next steps for another bankruptcy proceeding. Judge Kaplan has pushed for further settlement talks.
This is the solution to settle these claims for J&J. The baby powder settlement is likely to get done. Is talc bad in cosmetics. However, it’ll require more money, more billions of dollars from Johnson & Johnson.
Lawyers are divided on whether to take the proposal or not and not every client views the situation the same way their lawyer does. Second bankruptcy cases are expected to fail with Judge Kaplan has set a date for a hearing in June to decide if he will close the case for the third time.
May 3, 2023 Update: A group of cancer patients suing Johnson & Johnson (J&J) asked to have they request that the Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it is an attempt to halt litigation over talc products. The group of talc claimants made a motion Tuesday asking that the Third Circuit to consider their case and then send it back before a court of lower jurisdiction, with instructions to discharge the bankruptcy. Is talc bad in cosmetics. They also requested that the halted tort litigation against J&J continue to proceed.
LTL applied for Chapter 11 protection once again following its bankruptcy filing that was rejected in the Third Circuit earlier this year with an $8.9 billion payment. The committee believes that the recent ruling allowing LTL’s second Chapter 11 to continue, and also stopping trials against J&J should be subject to the immediate Third Circuit review. The US Trustee also asked that it be requested 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 declaring that J&J plans to file a response in the appeals court declaring the filing an “desperate and legally flawed effort” by a handful of law firms with competing financial interests.
May 1 2023 Update: One frequently asked question is how could plaintiffs and their lawyers be able to turn around $8.9 billion. That’s of course a lot of money. But there are a lot of victims. Is talc bad in cosmetics. They are a great case for plaintiffs. We have been reminded of this recently in two talc trials which have resulted in huge verdicts for plaintiffs. In February mesothelioma, a talcum-based powder trial in Oregon resulted in the verdict in the amount of $18.1 million. A month later, another talc mesothelioma case went to trial at South Carolina and resulted in an award of $29 million for the plaintiff. It was the same defendant as in these cases: Whittaker, Clark & Daniels Inc. one of the most prominent producers of talc in the U.S.
April 30th 2023 Update: When J&J initially tried to take the lawsuit over talcum powder into bankruptcy, they came with the option of putting aside $2 billion for settlements. The amount was absurdly low. All of the talc plaintiffs supported it. However, this time, J&J has increased the offer to $8.9 for talc-related plaintiffs if they are willing to accept bankruptcy settlements and they have the support of a large part of the talc-related plaintiffs and their lawyers. Is talc bad in cosmetics. However, 75% of talc plaintiffs, which is required for bankruptcy plan approval is not an easy task with so many lawyers with vast inventories of baby powder litigations opposed towards the agreement.
What is the solution to this impasse? More billions.
April 25, 2023, Update Talc patients have demanded a judge dismiss their Chapter 11 case filed by LTL Management LLC, a absurdly made-up Johnson & Johnson subsidiary, saying the company is not financially troubled. LTL requested Chapter 11 to settle tens of thousands of claims that J&J’s baby powders caused cancer. Is talc bad in cosmetics. The 3rd Circuit dismissed its first Chapter 11 case in January and said that the company was not eligible for bankruptcy relief since it had not demonstrated financial trouble.
The claimants contend that LTL’s Second Chapter 11 case is an fraud on the bankruptcy system and that it is being pursued in bad good faith. J&J says the bankruptcy settlement has “significant support” from the firms that represent about 60,000 potential plaintiffs. It’s safe to say that plaintiffs’ lawyers and victims are divided over their disagreement over the $8.9 billion settlement offer.
April 21st, 2023 Update A bankruptcy judge decided that Johnson & Johnson must face new lawsuits claiming that the company offered a baby powder with a contaminant that caused cancer. Even though trials for talc lawsuits are paused for a minimum of 60 days however, new lawsuits may be filed and lawyers can begin preparing their cases. Is talc bad in cosmetics. Judges expressed doubt about J&J’s absurd attempt to relaunch its strategy in the second bankruptcy case.
April 13th 2023 update: the most important update is about the $8.9 billion over 25 year period settlement offered. Lawyers representing cancer victims in the MDL collective action pledged to fight the settlement alongside the talc claimants. Why? They argue that it’s not enough money for 70,000 victims who have cancer. Is talc bad in cosmetics. These lawyers argue that J&J should seek a bigger settlement or even litigate individual claims in the event that the latest bankruptcy is declared unconstitutional.
But there is another set of lawyers who are not part of the top leadership in this class action. They have amassed the equivalent of tens of thousands of lawsuits. The group is seeking to settle with what they believe is less than the victims deserve. Their argument appears to be twofold. First, they argue the settlement – which amounts to the equivalent of $100,000 per plaintiff – is fair.
This argument isn’t easy to prove. But their second argument has more teeth: victims can not afford to wait any longer and need to get their money right now.
April 12, 2023 Update: People are asking how J&J can file for bankruptcy once more. The answer is complicated and confusing. However, let’s attempt to explain it simply.
Johnson & Johnson asserts that bankruptcy is the only means to deal with both present and future talc lawsuits conclusively. In other words, it thinks it can get a lower rate if there is a bankruptcy element that creates pressure to negotiate a settlement. Is talc bad in cosmetics. Driving past hundreds of years of American past, the company asserts that bankruptcy benefits everyone by dispersing settlements more fairly and more efficiently than trial courts in which some litigants receive substantial settlements while others get nothing.
The main thrust of this 3rd Circuit decision was this isn’t a case that involves a profitable company making subsidiaries to meet the legal responsibility and declare bankruptcy, which is what Congress contemplated when drafting the Bankruptcy Code. But it also said that the subsidiary was not in financial difficulty due to the fact that J&J assured it of unlimited funding.
Thus, J&J decided to go with the funding unlimited part of the contract and didn’t promise to provide unlimited funding for cases. The company claims that its updated financing arrangements with its subsidiary addresses the concerns of the appeals court while providing funds for claims. It’s as if giving victims lower amounts of money would resolve the problem at hand.
Lawyers representing cancer victims who do not agree with the agreement counter the agreement with what is countering legal nonsense with legal absurdity: J&J fraudulently transferred $50 billion of assets away from LTL Management to circumvent the appeals court’s previous ruling. Hyperbole is not exempt the lawyers representing victims call this the biggest “fraudulent transfer of assets in United States history.”
In spite of the legal jargon, J&J does not really believe this bankruptcy will be able to last. However, it’s a means to push for this $8.9 billion settlement, and to keep pressure on plaintiffs.
April 10, 2023 Update Bloomberg provides an insightful article about a new law in New Jersey that is shedding new light on the funding of litigation in the baby powder suit for class actions. The funders who fund litigation Virage Capital Management and TRGP Capital invested in hundreds of claims from Johnson & Johnson (J&J) concerning talc products in exchange for a percentage of any wins. J&J is now willing an offer of $8.9 billion in settlements for all lawsuits.
The involvement of funders is made public due to the New Jersey court rule requiring the release of certain details regarding outside funding backers. The law is designed to address the growing calls for the regulation of litigation funders. J&J faces over 60,000 claims when you add up federal and state infant powder litigation. Third-party funding for mass tort lawsuits has pros and cons. There is no doubt that we are witnessing how third-party funding can level the playing field between individuals and big corporations in the courtroom.
April 4, 2023 Update: It’s enjoyable to see the worm turning in this lawsuit. J&J has taken another blow this week, when the Third Circuit denied J&J’s request to continue the automatic stay in the meantime that J&J appeals a bankruptcy decision at the U.S. Supreme Court. It has halted the cases of talcum powder in a number of years and stopped any new lawsuits from arising ever since J&J started the controversial process to spin talc-related liabilities into a bankrupt subsidiary more than a year back. Is talc bad in cosmetics. After it was decided that the 3rd Circuit ruled that this bankruptcy was not legal some months ago, the stay was removed. J&J was hoping to have it stayed in place until an appeal to the SCOTUS appeal. However, 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. There is a chance that of the Supreme Court is willing even to hear the appeal? Low.
March 16th 2023 Update: With the bankruptcy stay being fully lifted, the first new cases have been filed and transferred into the talcum powder class action MDL in the space of a year. Seven new talc lawsuits have been joined to the MDL over the last month increasing the 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) begin an investigation into how much J&J product containing talc has cost the government in the many years.
in a letter to the GAO, Rep. Steven Cohen (D-Ten.) claimed that J&J of ignoring the risks of its talc-based products for many years, while tax dollars were spent treating those injured by exposure to the product. The suit comes just a few days following J&J’s dramatic loss in the 3rd Circuit Court of Appeals.
Is talc bad in cosmetics. J&J should begin to make reasonable settlement offers to victims, in order getting this behind. This is a blemish on one of the greatest businesses.
February 14 2023 Update: At a hearing today in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention in light of the ruling of 3rd U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.
You May be Entitled to Significant Compensation Is talc bad in cosmetics. 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!