You May be Entitled to Significant Compensation No talc in Johnson’s baby powder. 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 be worth the sum of $400 million US state AGs. No Talc In Johnson’s Baby Powder .
Johnson & Johnson (JNJ.N) has set the amount of $400 million for resolving U.S. state consumer protection actions as part of its broader $8.9 billion deal to settle allegations that it’s Baby Powder and other talc-based items cause cancer. No talc in Johnson’s baby powder.
J&J affiliate 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 the bankruptcy settlement. No talc in Johnson’s baby powder. J&J has declared that its talc products are safe and won’t cause cancer. It’s trying for another time to settle more than 38,000 lawsuits filed in bankruptcy and stop new cases from arising in the near future.
LTL’s bankruptcy plan will pay $400 million into an additional trust to settle lawsuits filed with state attorneys general alleging that J&J had violated states’ unfair practices and consumer protection laws, by deceiving consumers regarding the security of its talc-based products.
Some states had started consumer protection actions against J&J before LTL’s first bankruptcy filing prevented these investigations from proceeding in 2021. No talc in Johnson’s baby powder. New Mexico and Mississippi had already brought lawsuits with Johnson & Johnson before then as well as the states of Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative subpoenas or demands, according to LTL’s court filings.
New Mexico and Mississippi have moved to dismiss LTL’s bankruptcy along with cancer sufferers as well as The U.S. Justice Department’s bankruptcy watchdog, who argue that a profit-making firm like J&J cannot benefit from bankruptcy protections intended for people with debt problems.
The first time LTL attempted to settle the bankruptcy-related lawsuits was thrown out after similar arguments. A U.S. appellate court ruled the LTL wasn’t in “financial difficulty” and thus not eligible under bankruptcy law. No talc in Johnson’s baby powder. LTL filed a second bankruptcy in just two hours following the decision to dismiss, arguing that the second bankruptcy was different due to the fact that it had less money available and had a greater chance of securing the possibility of settling.
New Mexico and Mississippi said in their motion to dismiss that LTL’s renewed bankruptcy violates the state’s law enforcement authority by attempting unilaterally to cap LTL’s liability to state consumer protection laws.
No Talc In Johnson’s Baby Powder
LTL’s filings for the new year also contained additional details about how the company would evaluate and settle cancer claims if the bankruptcy plan is approved.
The highest payments under the settlement would be $500,000 to those diagnosed with mesothelioma terminal prior to the age of 45, and $260,000 for patients diagnosed with advanced ovarian cancer prior to age 45.
The proposed settlement offers discounts based on the severity and type of the cancer, the person’s years of age, their history of talc use and other factors. No talc in Johnson’s baby powder. For example the case of a woman who used talc products on a weekly basis, who had an ancestral history of ovarian cancer and was diagnosed an ovarian cancer stage II by age 55 may qualify to receive a payout of $21,125 under the settlement plan.
Judge decides J&J, talc opponents to take part in settlement talks.
Following another hearing 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 company as well as those who oppose the plan to hold talks to reach a settlement, Bloomberg reports.
In its second bankruptcy effort for LTL Management, a subsidiary created by J&J to handle the claims company proposed a settlement of $8.9 billion. No talc in Johnson’s baby powder. While one group of law firms representing plaintiffs is in favor of the proposal, another group opposes the deal.
In the last week, an opposition group, which is known as”the Official Committee of Talc Claimants in the bankruptcy court, demanded to dismiss this case argument that LTL cannot be regarded as financially distressed.
“The filing is a desperate and legally deficient attempt by a few of law firms to try to block claimants from voting on the resolution plan–a plan the vast majority of claimants are in favor of,” J&J’s litigation chief Erik Haas, said in a statement. No talc in Johnson’s baby powder. “The law firms behind these filings have interests in finance that clash with, differ from and contravene those which their clientele. We’ll be submitting an appeal to the appellate court.”
No talc in Johnson’s baby powder. Clay Thompson, a lawyer for MRHFM that has more than 80 mesothelioma clients who have sued J&J claimed that J&J’s second bankruptcy attempt will fail.
“J&J issue press releases that boast about how amazing its plan is, while demanding that plan details–including what the individual sick individuals would receive,” Thompson said in a statement. “What do J&J have to hide?”
Kaplan has instructed the sides to create a reorganization plan, under the oversight of two mediators.
In February 2022, Kaplan affirmed the ability of J&J’s use of Chapter 11 to hasten a settlement that would free the company from the thousands of lawsuits regarding its talcum products.
But in January of this year a federal appeals court overturned the verdict, ruling that the firm could not be considered to be in “financial distress.”
In the event that J&J’s request to contest the U.S. Supreme Court was dismissed in April, J&J was granted a second petition for bankruptcy about two hours after. In response, Kaplan froze the lawsuits for 60 calendar days to decide whether or not to accept to file for bankruptcy again.
J&J’s omnipotent profit engine fails after $6.9B cost of litigation involving talc.
Through Two Chapter 11 attempts, J&J has bought 19 months during which cases were placed suspended. No talc in Johnson’s baby powder. J&J wants the claimants to decide whether they want to accept the settlement. J&J would need 75% of the vote for the deal to go through.
In addition to the gang of talc attorneys who have panned the bankruptcy of the company and the U.S. Trustee, a branch belonging to the U.S. Department of Justice, also filed motions to dismiss the second bankruptcy case of LTL.
In a filing this week, U.S. trustee Andrew R. Vara wrote that the doors of the bankruptcy court remain “open to honest, but naive debtors.” These doors “are not available to anyone that do not have a legitimate reason or want to take advantage of the bankruptcy process to hinder or delay their creditors.” Vara continued.
For its part, J&J maintains there is no definitive evidence to suggest that its Talc-based products, such as its iconic baby powder, cause cancer. J&J has been taking the products of the market–first to be available in North America in 2020–and the rest of the world this year.
J&J wants to avoid the expense of going to court. The company has won the majority of the cases decided through trial, though certain losses have been harsh.
A well-known trial in Missouri produced a $4.7 billion judgment against the drug manufacturer that 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 trial cases in talc which are in appeal or decided. Out of 41 trials, 32 ended with the favor of J&J either through a mistrial or verdict for a plaintiff that was overturned on appeal. No talc in Johnson’s baby powder. Separately, the company in 2020 negotiated to settle around 1000 cases at a cost of the sum of $100 million. Bloomberg announced at that time.
Talcum Baby Powder Ovarian Cancer Lawsuit – No Talc In Johnson’s Baby Powder
Our lawyers are handling baby powder lawsuits across all 50 states. The talcum powder lawsuits against Johnson & Johnson have been in the process for several years. No talc in Johnson’s baby powder. The lawsuits assert that long-term use of the powder (or “talc”), the active ingredient in many products, including Shower to Shower Powder along with Shower to Shower as well as other products, may cause ovarian cancer among some women.
This page provides a J&J talc power litigation update and examines how the coming bankruptcy ruling impacts the ultimate settlement amounts of the ovarian cancer lawsuits.
Did the deadline expire for you to make a claim for talcum powder? Many who believe the statute of limitations has run out to file a lawsuit against Johnson & Johnson are wrong. Contact us now at 800-553-8082 or get a free and quick review of your case online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – No Talc In Johnson’s Baby Powder
June 2 2023 Update: At the trial for asbestos-containing talc that took place in California yesterday, a couple of technical issues disrupted the opening speech of defense attorneys. No talc in Johnson’s baby powder. Jurors who were watching from home via Zoom and hearing the Johnson &Johnson’s lawyer express doubt about the science of the 70s asserting the presence of asbestos in their product before the trial was abruptly closed.
In the meantime, the plaintiff could introduce their first witness, Arthur Langer. Langer stated that the presence of other minerals alongside talc is expected. He claimed that his group advised J&J in the year 1971 about the presence of chrysotile asbestos the talc produced by the company, although at just 0.1 percent. The asbestos was discovered by him in the year 1976.
June 1, 2023 Update: No talc in Johnson’s baby powder. A trial for the first time since J&J decided to spin off its talc segment and file for bankruptcy is an important turning point within the ongoing litigation drama. Trial started on Monday in the tragic case of a young 24-year-old plaintiff who was diagnosed with a rare and aggressive type of mesothelioma last year, which lawyers on both sides believe is a harrowing tragedy.
Opening statements revealed huge differences between the sides’ story. The plaintiff’s attorney took aim on Johnson & Johnson, alleging the use of deceitful techniques in its research practices and throughout the litigation process. The attorney claims that, according to Johnson & Johnson attempted to alter the definition of asbestos, in spite of internal documents from between 1978 and 1994 that showed asbestos fibers found in tissues of the plaintiff are part of.
Johnson & Johnson’s uncertain $8.9 billion settlement deal hangs in the balance as we development of the trial. Despite the unique nature of this mesothelioma case and its distinctive issues in comparison to other lawsuits involving talcum powder ruling in favor of the plaintiff could inflict a serious setback to J&J’s hopes for broad acceptance of the settlement they have proposed among plaintiffs.
May 31 2023 Update: Johnson and Johnson’s bankrupt talc business was able to defend the 2nd Chapter 11 filing in the in the face of challenges from injured talc claimants. In an objection submitted to the New Jersey bankruptcy court, the subsidiary argued that the filing was fundamentally different from the earlier filing. It also emphasized the unprecedented commitment to $8.9 billion by J&J which is the biggest settlement ever to be made in any bankruptcy case that involves mass tort. No talc in Johnson’s baby powder. It was not mentioned how the amount of the settlement indicates that it is a fair settlement. J&J also claimed that it received support from various plaintiffs’ law firms representing more than 60,000 claimants. This is not easy to confirm however it is likely to be incorrect.
May 24 2023 Update: Following Johnson & Johnson’s bankruptcy in 2021 filing, the first trial on its cosmetic talc items allegedly containing asbestos is set to start jury selection on Monday, May 24, California in Alameda County Superior Court, which is a well-known court for plaintiffs. The plaintiff claims his mesothelioma was caused by asbestos exposure from J&J’s products, an allegation that the company has denied. The trial also involves six retailers who are accused of selling talc-containing products.
May 22, 2023 Update: Lawyers in the 2nd J&J talc bankruptcy are disputing who should be chosen to fill the role of future claims representative. This is an important role essential to the resolution of the claims involving talc. No talc in Johnson’s baby powder. Randi Ellis, a lawyer who frequently appears in MDLs throughout the country, was appointed as the claims representative in the previous bankruptcy. J&J’s defense attorneys want Ellis to be named to the position again, but lawyers for the talc plaintiffs are protesting due to the fact that Ellis has an interest conflict that should prevent her from assuming that position for the second time. The conflict stems from the reality that Ellis was believed to have been involved in the drafting of the highly disputable second bankruptcy, which raises doubts about her capacity to be neutral. The reality is this bankruptcy will likely to be tossed out anyway.
May 17, 2023 Update: The pretend company J&J formed to handle the bankruptcy of talc told an New Jersey bankruptcy court that they had allocated $400 million as a settlement for allegations made by states who accuse the company of misleading advertising regarding its talc products. No talc in Johnson’s baby powder. It’s a $8.5 billion settlement to cancer victims. It is hard to imagine any scenario in which J&J will be able to push the settlements of baby powder through at these numbers. Although J&J’s $8.5 billion offer might seem like a lot initially, it will not appear appealing when you do the math. The settlement plan based on our estimates – will not be able to pay victims more than $100,000 per instance. This isn’t enough.
May 15th 2023 Update J&J may be in the middle of a lawsuit from an advocacy group representing cancer victims. No talc in Johnson’s baby powder. The group claims that J&J deliberately retracted an $61.5 billion contract for funding with its subsidiary, LTL Management LLC, to create the appearance of financial hardship and to validate the company’s Chapter 11 bankruptcy filing. The group asserts this action amounts to a fraudulent transfer of the rights of compensation for victims. They are planning to study J&J’s actions following of the dismissal of the first bankruptcy case of LTL.
May 10, 2023 Update: Next week, it is expected that the U.S. Bankruptcy Court in New Jersey will hear oral arguments regarding a motion to reject the second bankruptcy filing that was filed by J&J LTL Management, J&J’s subsidiary. LTL Management. In the meantime, LTL Management has filed an order which requires both sides to take part in a new settlement negotiation with the hopes of achieving an international settlement agreement can be come to fruition.
May 5, 2023 Update: The talc provider Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to numerous lawsuits alleging that its Talc products cause cancer from asbestos exposure. No talc in Johnson’s baby powder. More than 2700 people have filed lawsuits against the company and it has been paying $1 million per month to defend itself. The company’s most recent $29 million settlement at the Supreme Court of South Carolina forced it to apply for bankruptcy protection and argue for a fair distribution of assets between the claimants of talc instead of being taken by 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 restart talks with lawyers who turned down the company’s $8.9 billion deal. The court in Trenton, New Jersey yesterday the parties appeared before a judge to discuss next steps for this second case of bankruptcy. Judge Kaplan has pushed for further settlement talks.
This is the way to resolve the claims of J&J. A settlement for baby powder can get done. No talc in Johnson’s baby powder. However, it’ll require more money, more billions of dollars coming from Johnson & Johnson.
Lawyers are split on whether to take the proposal or not and not all clients view the situation the same way their attorney does. The second bankruptcy case is likely to go nowhere the judge Kaplan has scheduled a hearing in June to decide if he will dismiss the bankruptcy for the second time.
May 3, 2023 Update A group of cancer patients who have sued Johnson & Johnson (J&J) demanded for J&J’s Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it attempts to block the litigation involving talc products. The committee representing talc claimants made a motion Tuesday asking the Third Circuit to consider their case and then send it back to a lower court with instructions to discharge the bankruptcy. No talc in Johnson’s baby powder. They also asked that the lawsuit against the halted torts of J&J be allowed to continue.
LTL applied for Chapter 11 protection once again following its bankruptcy filing that was denied by the Third Circuit earlier this year, offering an $8.9 billion deal. The committee believes that the recent ruling allowing the second Chapter 11 to continue, in addition to halting trials against J&J, warrants the immediate Third Circuit review. The US Trustee requested 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 saying that J&J plans to file a formal response in the appeals court, calling the request a “desperate and legally insufficient plan” by a select group of law firms with conflicts of financial interests.
May 1 2023 Update: A question people keep asking is how the plaintiffs’ lawyers and their clients turn down $8.9 billion. Of course, that’s quite a sum. But there are plenty of victims. No talc in Johnson’s baby powder. And these are really good arguments for plaintiffs. We were reminded of this last week by two talc-related trials that led to huge verdicts for plaintiffs. In February mesothelioma cases, a talcum powder trial in Oregon led to the verdict of $18.1 million. The following month, a second mesothelioma trial involving talc was held for the court at South Carolina and resulted in a verdict of $29 million on behalf of the plaintiff. It was the same defendant as in these cases: Whittaker, Clark & Daniels Inc. which is one of the most prominent producers of talc in the U.S.
April 30th 2023 Update: In the year 2023, when J&J first attempted to drag the litigation over talcum powder into bankruptcy, it did so with an offer to put aside $2 billion to settle the case. This was an absurdly low amount. All of the talc plaintiffs agreed with the offer. This time, J&J has increased the offer to $8.9 If the talc plaintiffs accept a bankruptcy settlement and they have the backing of a significant portion of the talc plaintiffs and their lawyers. No talc in Johnson’s baby powder. But 75% of the plaintiffs in the talc category, which is required for bankruptcy plan approval is a difficult road because of the number of lawyers who have vast stocks of baby powder litigations opposed in favor of the deal.
What are the solutions to the impasse? More billions.
April 25, 2023 Update Talc cancer claimants have asked a judge to reject the Chapter 11 case filed by LTL Management LLC, a absurdly made-up Johnson & Johnson subsidiary, saying the company is not financially distressed. LTL filed for Chapter 11 to settle tens of thousands of claims that J&J’s baby powders caused cancer. No talc in Johnson’s baby powder. LTL was denied Chapter 11 in January. 3rd Circuit dismissed its first Chapter 11 case in January in a ruling that said the company was not eligible to receive bankruptcy relief because it was unable to demonstrate financial difficulties.
The claimants assert that the third Chapter 11 case is an overreach of the bankruptcy system, and that it’s being conducted in bad good faith. J&J claims the bankruptcy settlement receives “significant support” from the firms that represent around 60,000 claimants. It’s safe to say that lawyers representing plaintiffs and victims are divided over what they believe is an $8.9 billion settlement offer.
April 21st, 2023 Update: A bankruptcy judge has ruled the company Johnson & Johnson must face new lawsuits alleging that the firm sold tainted baby powder causing cancer. Although the trials for Talc lawsuits are suspended for at least 60 days however, new lawsuits may be filed and lawyers may begin to prepare their cases. No talc in Johnson’s baby powder. Judges expressed doubt about J&J’s attempt to revive its plan with a second bankruptcy trial.
April 13th, 2023 Update: biggest news is the $8.9 billion over the next 25 year period settlement offered. Lawyers representing cancer victims involved in MDL class action MDL class action have promised to fight the settlement with talc claimants. Why? They believe it’s not enough to pay for those suffering from cancer who are 70,000. No talc in Johnson’s baby powder. These lawyers argue that J&J could negotiate a greater settlement or even litigate individual claims if the most recent bankruptcy is declared unconstitutional.
But there is another set of lawyers who are not part of the leadership in that class action. The lawyers collectively have accumulated many thousands of cases. This group wants to settle for what is believed to be less than the victims deserve. Their argument appears to be two-fold. First, they argue the settlement – which amounts to an average of $100,000 per plaintiff is fair.
It’s a difficult argument to present. But their second argument has more substance: the victims will now not wait and they want their money now.
April 12 2023 Update: People are seeking out how J&J can file for bankruptcy once more. The answer is complicated and complex. However, let’s attempt to explain the issue in a simple way.
Johnson & Johnson asserts that bankruptcy is the only way to deal with both present and future talc lawsuits conclusively. Also, it believes that it will be less expensive if there is a bankruptcy element that creates pressure to settle. No talc in Johnson’s baby powder. Moving past more than 400 years in American history, the firm claims that bankruptcy benefits all parties because it distributes settlement payments more evenly and effectively than trial courts, where some litigants receive significant awards while others receive nothing.
The basic tenet of this 3rd Circuit decision was this is not a case – the profit-making company that has a subsidiary to take the legal liability and declare bankruptcy – Congress contemplated when drafting the Bankruptcy Code. But it also said that the entity was in financial crisis because J&J promises unlimited funding.
Thus, J&J jumped on the unlimited funding portion of the holding but did not pledge to offer unlimited funding for lawsuits. The company claims that revised financing arrangements with its subsidiary address appeals court’s concerns, while offering claim payment funds. In the hope that offering victims less money would solve the problem at hand.
Lawyers representing cancer patients who oppose the deal counter this argument by saying that it is the legal argument. No talc in Johnson’s baby powder. They counter with legal absurdity: J&J fraudulently transferred $50 billion in assets away from LTL Management to circumvent the appeals court’s decision. Hyperbole did not go unnoticed by the victims’ lawyers, who call this the biggest “fraudulent deal that has occurred in United States history.”
Notwithstanding the legal mumbo jumbo, J&J does not really think this bankruptcy will survive. It is however a method to try and push the $8.9 billion settlement and keep the pressure on plaintiffs.
April 10 2023 Update: Bloomberg is running an intriguing article about a new law of New Jersey that is shedding new light on the funding of litigation in the baby powder plaintiffs in the class action. Litigation funders Virage Capital Management and TRGP Capital invested in hundreds of lawsuits against Johnson & Johnson (J&J) on behalf of talc products. They exchanged for a percentage of any settlements. J&J is now offering that it will pay $8.9 billion to settle lawsuits.
The funders’ involvement is public knowledge because of a New Jersey court rule requiring the release of certain details about 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 take into account state and federal child powder-related lawsuits. Third-party financing in mass tort cases has both pros and pros and. There is no doubt that we are witnessing the ways that third-party funding can even the playing field between individual and large corporations in the courtroom.
April 4, 2023 Update: It’s interesting to watch the worm turning in this legal battle. J&J has taken another blow this week, when it was found that the Third Circuit denied J&J’s request to keep the automatic stay in place during the time that J&J appeals a bankruptcy decision in the U.S. Supreme Court. This automatic stay halted hundreds of cases involving talcum powder and prevented new lawsuits from getting filed ever since J&J initiated the controversial effort to spin the talc liabilities off into a bankrupt subsidiary over a year in the past. No talc in Johnson’s baby powder. When the 3rd Circuit ruled that this bankruptcy was not valid just a few months ago the stay was lifted. J&J had hoped to have it stayed in place until an appeal to the SCOTUS appeal. However, the answer was no.
April 1, 2023 Update: Johnson & Johnson announced it will appeal its 3rd Circuit bankruptcy loss to the U.S. Supreme Court last week. The likelihood that is that the Supreme Court is willing even to accept the appeal? Low.
March 16, 2023 Update: with the bankruptcy stay having been officially lifted, the very first new cases have been filed and transferred into the Talcum Powder class action MDL in just over 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 This morning, a Congressmen from Tennessee is now calling for be the U.S. Government Accountability Office (GAO) begin an investigation into the cost J&J products containing talc have cost the government in the years.
Recently, in an open letter addressed to the GAO, Rep. Steven Cohen (D-Ten.) has accused J&J of not recognizing the risks of its talc products over years while tax dollars were utilized to treat people 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.
No talc in Johnson’s baby powder. J&J needs to start making reasonable settlement offers to victims to begin getting this behind. This is a disgrace to one of the world’s greatest firms.
February 14 2023 Update: During the hearing held today at the hearing in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention following the 3rd U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.
You May be Entitled to Significant Compensation No talc in Johnson’s baby powder. 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!