You May be Entitled to Significant Compensation Talc and asbestos geology. 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 make payments of $400 million to US state AGs. Talc And Asbestos Geology .
Johnson & Johnson (JNJ.N) has put the amount of $400 million for resolving U.S. state consumer protection actions as part of its wider $8.9 billion deal to settle allegations that its Baby Powder and other talc-based products cause cancer. Talc and asbestos geology.
J&J subsidiaries LTL Management filed a bankruptcy plan in New Jersey late on Monday that outlines how the firm intends to pay for different types of cancer victims in bankruptcy settlement. Talc and asbestos geology. J&J has said that its Talc products are safe, and will not cause cancer. J&J is seeking another time to settle more than 38,000 lawsuits in bankruptcy, and to prevent any new cases from arising in the near future.
LTL’s bankruptcy plan will pay $400 million into an additional trust to settle claims made with state attorneys general claiming that J&J had violated laws against unfair business practices in the State of New York as well as consumer protection laws by misleading consumers regarding the safety of its talc products.
Several states had begun consumer protection cases against J&J before LTL’s first bankruptcy filing stopped those investigations from taking place in 2021. Talc and asbestos geology. New Mexico and Mississippi had already filed suit with Johnson & Johnson before then and the states of Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative demands or subpoenas according to court papers.
New Mexico and Mississippi have decided to declare LTL’s bankruptcy unfinished, joining cancer victims as well as their counterparts from the U.S. Justice Department’s bankruptcy watchdog. have argued that a successful business like J&J is not eligible for bankruptcy protections designed for those struggling with debt.
The company’s initial attempt to resolve the lawsuits in bankruptcy was thrown out after similar arguments. A U.S. appellate court determined the LTL did not have “financial difficulty” and thus not eligible to receive bankruptcy relief. Talc and asbestos geology. LTL filed a second bankruptcy within two hours of that dismissal, arguing that its second attempt was different as it was able to borrow less and had a greater chance of securing an agreement.
New Mexico and Mississippi said in their motion for dismissal that LTL’s renewed bankruptcy violates the law enforcement powers of the state by seeking to unilaterally limit the liability of the company for state consumer protection laws.
Talc And Asbestos Geology
LTL’s new filings also included more information about how the company plans to evaluate and pay for cancer claims should the bankruptcy plan be approved.
The highest payments under the settlement will be $500,000 for patients diagnosed with mesothelioma that is terminal before 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 severity and type of cancer, the patient’s age, previous talc use and other factors. Talc and asbestos geology. For instance, a woman who used daily talc products, had a family history of ovarian cancer and was diagnosed with Stage II cancer of the ovary when she was 55 might qualify for a $21,125 payment according to the plan.
Judge orders J&J and talc opponents discuss settlement negotiations.
Following another hearing in Johnson & Johnson’s attempt to employ a Texas Two Step bankruptcy strategy to resolve talc litigation, federal bankruptcy Judge Michael Kaplan has ordered the company and those opposed to the strategy to engage in settlement talks, Bloomberg reports.
In its second bankruptcy effort for LTL Management, a subsidiary created by J&J to hold the claims–the company made a settlement offer of $8.9 billion. Talc and asbestos geology. While one group of law firms representing plaintiffs supports the deal, another group opposes the deal.
The previous week, the opposition group, dubbed the Official Committee of Talc Claimants in the bankruptcy court, demanded to dismiss this case arguing that LTL cannot be regarded as financially distressed.
“The filing is an unjust and legally flawed attempt by a few of law firms to try to prevent claimants from voting on the resolution plan–a plan the vast and growing majority of claimants approve of,” J&J’s litigation chief Erik Haas, said in an announcement. Talc and asbestos geology. “The law firms who filed the filing are pursuing financial interests which clash with, contradict and are in opposition to the interests they represent. We’ll submit an appeal to the appellate court.”
Talc and asbestos geology. Clay Thompson, a lawyer for MRHFM who includes more than mesothelioma patients who have filed lawsuits against J&J and J&J, has said that the second bankruptcy attempt of J&J will fail.
“J&J issue press releases about how wonderful the plan is but simultaneously demanding that plan details–including what the individual sick individuals would receive — be kept private,” Thompson said in an announcement. “What is J&J’s plan to hide?”
Kaplan has commanded the parties to create a restructuring plan, with the supervision and supervision of mediators.
The court in February of 2022 Kaplan affirmed the ability of J&J’s recourse to Chapter 11 to hasten a settlement that would free J&J from the hundreds of thousands of claims over its talcum products.
In January of this year a federal appeals court overturned the ruling, ruling that the business could not be considered in “financial trouble.”
After J&J’s challenge the U.S. Supreme Court was rejected in April, J&J filed for its second bankruptcy roughly two hours after. In response, Kaplan froze the lawsuits for 60 days in order to determine whether to grant to file for bankruptcy again.
J&J’s unstoppable profit engine goes out of control after $6.9B settlement charge for talc.
With the 2 Chapter 11 attempts, J&J has purchased 19 months of which cases were put on hold. Talc and asbestos geology. The company is requesting that claimants decide whether they want to accept the settlement. J&J would need 75% support for the settlement to be approved.
In addition to the group of talc attorneys who have panned the bankruptcy of the company, the U.S. Trustee, a branch that is part of the U.S. Department of Justice is also submitting an application to dismiss the second bankruptcy case of LTL.
In a recent filing, U.S. trustee Andrew R. Vara wrote that the doors of bankruptcy are “open to honest, but naive debtors.” Those doors “are not open to parties that lack a legitimate bankruptcy reason or want to use the bankruptcy process to hinder or delay their creditors,” Vara continued.
To its credit, J&J maintains there is no definitive evidence to suggest that its talc products, including its famous baby powder, cause cancer. J&J has taken its products off of the market–first on North America in 2020–and the rest of the world this year.
J&J seeks to avoid the costly business of going to court. J&J has won most of the cases that were decided during trial, however, certain losses have been extremely punitive.
A highly publicized trial in Missouri produced an $4.7 billion verdict against the drugmaker, which was later reduced 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 cases in talc which are in appeal or settled. Of the 41 trials, 32 ended with winning for J&J either through a mistrial or verdict of a plaintiff reversed on appeal. Talc and asbestos geology. Separately, the company in 2020 sought to settle more than 1,000 cases for 100 million dollars, Bloomberg reported at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Talc And Asbestos Geology
Our lawyers handle baby powder cases in every state. The talcum powder lawsuits on behalf of Johnson & Johnson have been in the process for several years. Talc and asbestos geology. The lawsuits contend that the prolonged use of talcum powder (or “talc”), the active ingredient in many products, including Shower to Shower Powder and Shower to Shower and Shower to Shower, could cause cancer of the ovary in certain women.
This page offers the J&J Talc Power litigation update and discusses how the upcoming bankruptcy ruling will impact the final settlement amount in the ovarian cancer lawsuits.
Did the deadline expire for you to file a talcum powder lawsuit? Many people who think the time limit has expired to file a lawsuit against 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 – Talc And Asbestos Geology
June 2 2023 Update: At an asbestos talc court trial held that took place in California yesterday, technical glitches interrupted the opening statement by the defense lawyers. Talc and asbestos geology. Jurors from their homes via Zoom and hearing the Johnson and Johnson’s lawyer express doubt about the 70s research asserting the presence of asbestos in their product prior to the opening was abruptly ended.
Meanwhile, the plaintiff was able to introduce their first witness, Arthur Langer. Langer said that the presence of other minerals in the talc mineral is a given. He claimed that his group had notified J&J in the year 1971 of the presence of chrysotile asbestos the talc of the company, but at less than 0.1 percent. He also found more asbestos in 1976.
June 1st, 2023 Update Talc and asbestos geology. This is the first court trial that has taken place since J&J made the decision to split its Talc section and declaring bankruptcy is an important moment in the ongoing talc litigation story. Trial started on Monday in the heartbreaking case of a young, 24-year-old plaintiff who was diagnosed with an aggressive and rare form of mesothelioma earlier this year. a diagnosis lawyers on both sides acknowledge is a grave tragedy.
Opening statements revealed the huge differences between the sides’ story. The attorney representing the plaintiff aimed his ire against Johnson & Johnson, alleging the use of deceptive techniques in its research practices and throughout the litigation process. According to the attorney the company tried to manipulate asbestos’ definition, despite internal documents from 1978 and 1994 showing that asbestos fibers that were found in the tissue of the plaintiffs are included.
Johnson & Johnson’s precarious $8.9 billion settlement offer hangs in the balance as we progression of this trial. Despite the distinct nature of this mesothelioma lawsuit and the unique issues it faces compared to the majority of talcum powder lawsuits, a verdict favoring the plaintiff could cause an unintended setback to Johnson & J’s hopes of broad acceptance of their proposed settlement with plaintiffs.
May 31st 2023: Update from Johnson & Johnson’s bankrupt talc business strongly defended it’s second Chapter 11 filing in the face of challenges from the talc injury plaintiffs. In a written objection to the New Jersey bankruptcy court, J&J’s subsidiary claimed that the case differed fundamentally from the first filing. It also emphasized the unprecedented commitment to $8.9 billion from J&J which is the largest settlement ever made in any bankruptcy case that involves mass tort. Talc and asbestos geology. The issue is not discussed: whether the amount of the settlement indicates that it is an equitable settlement. J&J also claimed support from various plaintiffs’ law firms representing over sixty thousand claimants. This is hard to verify but likely incorrect.
May 24 2023 Update: As of Johnson & Johnson’s 2021 bankruptcy filing, the first trial concerning the cosmetic talc products it claims to containing asbestos is set to start jury selection Monday, May 24, California in Alameda County Superior Court, an historically reliable court for plaintiffs. The plaintiff asserts that his mesothelioma is the result of asbestos exposure resulting from J&J’s products and that the company does not deny. The trial also involves six retailers who are accused of selling talc-containing products.
May 22nd, 2023 Update Lawyers in the 2nd J&J talc bankruptcy are now battling over who should be appointed to the role of the claims representative in the future, which is vitally important to resolving the claim for talc. Talc and asbestos geology. Randi Ellis, a lawyer who is frequently involved in MDLs throughout the United States was appointed as the claims representative in the first bankruptcy. J&J’s defense group wants Ellis to be appointed to that role in the future, however lawyers representing the talc plaintiffs are protesting because Ellis has an unrelated conflict of interest which would prohibit her from holding that position in the future. The conflict stems from the possibility that Ellis was apparently involved in drafting the controversially litigated second bankruptcy, which raises questions about her capability to remain neutral. In reality, this bankruptcy could be dismissed in the end.
May 17th, 2023 Update: The fake company J&J formed to handle the bankruptcy of talc told the New Jersey bankruptcy court that they had allocated $400 million to pay the claims brought by states accusing the company of deceptive advertising regarding its talc products. Talc and asbestos geology. So that makes it an $8.5 billion settlement to cancer victims. It’s difficult to envision any scenario in which J&J could push the settlements of baby powder through in these figures. Although J&J’s $8.5 billion offer sounds like a lot initially, it does not appear appealing when you do the math. This settlement proposal – by our rough calculations, would not pay victims much more than an average settlement $100,000 per instance. That is not enough.
May 15, 2023 update: J&J is potentially facing a lawsuit by an advocacy group representing cancer patients. Talc and asbestos geology. The group argues that J&J intentionally canceled a $61.5 billion fund-raising agreement with its subsidiary, LTL Management LLC, in order to create a false sense of financial distress and validate the unit’s Chapter 11 bankruptcy filing. The group asserts this action could be interpreted as a fraudulent transfer of rights of compensation for victims. They intend to investigate J&J’s actions following of the dismissal of the first bankruptcy case of LTL.
May 10, 2023 Update: Next week, next week, the U.S. Bankruptcy Court in New Jersey will hear oral arguments on a petition to dismiss the second bankruptcy petition filed from J&J company LTL Management. In the meantime it has approved an Order requiring both sides to participate in a new settlement negotiation in the hope that a global settlement deal can come to fruition.
May 5, 2023 Update: The talc provider Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to several lawsuits alleging that its talc products caused cancer through asbestos exposure. Talc and asbestos geology. Over 2,700 individuals have sued the firm and it is paying $1 million per month to defend its legal position. The company’s latest $29 million settlement in South Carolina forced it to seek bankruptcy protection, arguing for a fair distribution of assets between talc claimants rather than being taken from the receiver. Other talc suppliers have also been forced to file for bankruptcy as a result of the litigation.
May 4 2023 Update U.S. The bankruptcy Judge Michael Kaplan has directed Johnson & Johnson to relaunch negotiations with lawyers who rejected the proposed $8.9 billion deal. The court in Trenton, New Jersey yesterday the parties appeared in court to discuss the next steps for this second case of bankruptcy. Judge Kaplan pushed more settlement talks.
This is the way to settle these claims with J&J. A baby powder settlement could get done. Talc and asbestos geology. But it will require more money – billions of dollars – from Johnson & Johnson.
Lawyers have a split opinion on whether to take the proposal or not and not every client views the situation the same way their lawyer sees it. A second bankruptcy proceeding is expected to go nowhere with Judge Kaplan has scheduled a hearing in June to decide whether to discharge the bankruptcy for the 2nd time.
May 3, 2023 Update: A group of cancer patients who have sued Johnson & Johnson (J&J) asked for they request that the Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it is a bid to stop the litigation surrounding talc-based products. The group representing the claimants filed a motion on Tuesday requesting for the Third Circuit to consider their case and to send it back to a lower court with instructions for dismissing the bankruptcy. Talc and asbestos geology. They also asked that the stoppage of tort litigation against J&J allow the litigation to continue.
LTL applied for Chapter 11 protection once again following its bankruptcy filing that was rejected by the Third Circuit earlier this year with a $8.9 billion agreement. The committee believes that the recent decision allowing LTL’s third Chapter 11 to continue, as well as halting the trials against J&J, warrants urgent Third Circuit review. The US Trustee also requested that an New Jersey bankruptcy court dismiss the LTL bankruptcy case. J&J’s vice president for global litigation Erik Haas, was quoted by Bloomberg declaring that J&J plans to file a response to the appeals court characterizing the filing as a “desperate and legally insufficient attempt” by a small number of law firms that have conflicts of financial interests.
May 1st 2023 Update: A frequently asked question is how could plaintiffs and their lawyers be able to turn on $8.9 billion. Of course, that’s a lot of money. There are a lot of victims. Talc and asbestos geology. And these are really good arguments for plaintiffs. We have been reminded of this recently by two talc-related trials that led to huge verdicts for the plaintiffs. In February the mesothelioma case involving talcum powder trial in Oregon ended in a verdict in the amount of $18.1 million. In the same month, a different mesothelioma talc case was brought to the court within South Carolina and resulted in a verdict of $29million on behalf of the plaintiff. Both cases were defended by Whittaker, Clark & Daniels Inc., one of the largest suppliers of talc within the U.S.
April 30th 2023 Update: J&J initially attempted to pull the lawsuit over talcum powder into bankruptcy, they came 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 believed in it. This time, J&J has increased the offer to $8.9 If the talc plaintiffs accept a bankruptcy settlement and they also have the support of a large segment of the talc plaintiffs and their lawyers. Talc and asbestos geology. But with 75% of plaintiffs of talc are necessary for bankruptcy plan approval is not an easy task because of the number of lawyers who have massive inventory of baby powder litigations opposed in favor of the deal.
What could solve the impasse? More billions.
April 25 2023, Update Talc plaintiffs have sought a court order 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 applied for Chapter 11 to settle tens of thousands of claims that J&J’s baby powders cause cancer. Talc and asbestos geology. In the end, however, the 3rd Circuit dismissed its first Chapter 11 case in January The court ruled that the company wasn’t eligible for bankruptcy relief since it was unable to demonstrate financial trouble.
The claimants contend that LTL’s third Chapter 11 case is an fraud on the bankruptcy system and it is being pursued in bad good faith. J&J asserts that the bankruptcy settlement is backed by “significant backing” from firms representing approximately 60,000 people who are claiming. It’s fair to say that the plaintiffs’ attorneys and victims ‘ lawyers are divided on their disagreement over the $8.9 billion settlement offer.
April 21st, 2023 Update A bankruptcy judge decided that Johnson & Johnson must face new lawsuits alleging that it offered a baby powder with a contaminant that caused cancer. Even though trials for the lawsuits involving talc are delayed for a minimum period of 60 days and new lawsuits are able to be filed and lawyers can begin preparing their cases. Talc and asbestos geology. Judges expressed skepticism about J&J’s pathetic attempt to revive its strategy by filing the second bankruptcy case.
April 13 2023 Update: most important announcement is an $8.9 billion over the course of 25 years of settlement. Lawyers representing cancer patients involved in the MDL group action promised to fight the settlement with the talc claimants. Why? They believe it’s too little money for the 70,000 victims who have cancer. Talc and asbestos geology. These lawyers believe that J&J should negotiate a larger settlement or even litigate individual claims if the most recent bankruptcy is declared unconstitutional.
But there is another group of lawyers that is not part of the leadership of group action. These lawyers have amassed the equivalent of tens of thousands of lawsuits. They want to settle for what is believed to be less than the victims deserve. Their argument is two-fold. They argue that the settlement, which is about 100 million dollars on average per plaintiff is fair.
It’s a difficult argument to make. The second argument is more teeth: victims can be no longer patient and demand the money immediately.
April 12 2023 Update: Many are seeking out how J&J could file for bankruptcy again. The answer is complex and convoluted. Let’s try to simplify it in simple terms.
Johnson & Johnson asserts that bankruptcy is the only method to resolve both current and future talc litigations in a definitive manner. That is, it believes that it will be less expensive when there is the bankruptcy element which applies pressure for a settlement. Talc and asbestos geology. Going back to 400 years of American history, the firm believes that bankruptcy is beneficial to all parties by distributing settlement payments more equitably and effectively than trial courts where litigants are awarded significant awards while others receive nothing.
The gist of the 3rd Circuit decision was this is not a case – one that makes a profit, but an entity to assume the legal responsibility and declare bankruptcy – Congress had in mind when it came to drafting the Bankruptcy Code. However, the court also ruled that the entity was financially difficulty because J&J assured it of unlimited funding.
Thus, J&J jumped on the unlimited funding part of the holding and didn’t make any promises to fund unlimited cases. The company claims that its modified financing arrangements with its subsidiary address the appeals court’s concerns, while supplying funds for claim payments. As if offering victims less money would solve the problem at hand.
Attorneys representing cancer patients who oppose the agreement counter this argument by saying that it is the legal argument. Talc and asbestos geology. They counter with legal nonsense: J&J fraudulently transferred $50 billion of assets away from LTL Management to circumvent the appeals court’s earlier ruling. The hyperbole wasn’t spared attorneys representing the victims claim it the biggest “fraudulent deal of assets in United States history.”
Despite all the legal jargon, J&J does not really think this bankruptcy will survive. But it’s a way of trying to push this $8.9 billion settlement to keep the pressure on plaintiffs.
April 10, 2023 update: Bloomberg has an interesting report on a brand new law of New Jersey that is shedding new light on litigation funding in the baby powder suit for class actions. The funders who fund litigation Virage Capital Management and TRGP Capital invested in hundreds of lawsuits that were brought against Johnson & Johnson (J&J) on behalf of talc products. They exchanged for a share of any settlements. J&J is now offering the payment of $8.9 billion to settle any lawsuits.
The involvement of the funders is publicly available due to an New Jersey court rule requiring the disclosure of certain information regarding outside funding backers. The rule aims to tackle the growing demands for regulation of litigation funders. J&J has to deal with more than 60,000 lawsuits when you add up federal and state baby powder lawsuits. Third-party funding in mass tort claims 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 for individuals and big corporations in the courtroom.
April 4 2023 Update: It’s fun to watch the worm turn in this legal battle. J&J was hit again this week, when it was found that the Third Circuit denied J&J’s request to maintain the automatic stay in the meantime that J&J appeals a bankruptcy ruling before the U.S. Supreme Court. It has froze hundreds of cases involving talcum powder and stopped any new lawsuits from getting filed ever since J&J began the controversial plan to spin the talc liabilities off into a bankrupt entity over a year back. Talc and asbestos geology. When the 3rd Circuit ruled that this bankruptcy was invalid just a few months ago the stay was revoked. J&J had hoped to have it remain in effect until its 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 for the Supreme Court is willing even to accept the appeal? Low.
March 16th, 2023 Update: with the bankruptcy stay being officially lifted, the very first new cases have been filed and transferred into the Talcum Powder class action MDL in over one year. Seven new talc-related lawsuits were included in the MDL over the last month, bringing the total number of pending cases up 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 the cost J&J talc products have cost the government in the decades.
in a letter to the GAO, Rep. Steven Cohen (D-Ten.) has accused J&J of ignoring the dangers of its talc-based products for years while tax dollars were utilized to treat people injured by exposure to the product. The suit comes just a few days after J&J’s loss to the 3rd Circuit Court of Appeals.
Talc and asbestos geology. J&J needs to start making reasonable settlement offers to victims to in putting this behind. It is a stain on one of the most prestigious firms.
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 Talc and asbestos geology. 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!