You May be Entitled to Significant Compensation Talc class action. 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 for talc would be worth $440 million US state AGs. Talc Class Action .
Johnson & Johnson (JNJ.N) has put aside $400 million to resolve U.S. state consumer protection actions as part of a wider $8.9 billion settlement of allegations that its Baby Powder as well as other talc products cause cancer. Talc class action.
J&J subsidiaries LTL Management filed a bankruptcy plan in New Jersey late on Monday which outlines how the company will pay various types of cancer victims in a bankruptcy settlement. Talc class action. J&J has said that its talc products are safe and won’t cause cancer. It’s trying for an additional time to conclude more than 38,000 cases in bankruptcy, as well as prevent new lawsuits from coming forward in the near future.
LTL’s bankruptcy plan would pay $400 million to a separate trust for claims made in state courts by attorneys general claiming that J&J had violated the state’s unfair commercial practices and consumer protection laws by misinforming consumers about the dangers of its talc products.
Many states had initiated consumer protection lawsuits against J&J prior to the first bankruptcy filing stopped those investigations from taking place in 2021. Talc class action. New Mexico and Mississippi had already initiated actions with Johnson & Johnson before then as well as the states of Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative demands or subpoenas in LTL’s court papers.
New Mexico and Mississippi have taken steps to halt the bankruptcy of LTL, joining cancer victims and those affected by cancer and the U.S. Justice Department’s bankruptcy watchdog. have argued that a successful business like J&J does not qualify for bankruptcy protections designed for struggling debtors.
The first time LTL attempted to settle the bankruptcy lawsuits was dismissed following similar arguments. The U.S. appellate court ruled it was not LTL wasn’t in “financial financial distress” and ineligible under bankruptcy law. Talc class action. LTL filed a second bankruptcy less than two hours after the dismissal, arguing the second bankruptcy was different because it had less money available and had a greater chance of securing the settlement.
New Mexico and Mississippi said in their motion to dismiss LTL’s latest bankruptcy violation of state law enforcement powers in attempting to unilaterally limit the liability of the company in state consumer protection actions.
Talc Class Action
LTL’s filings for the new year also contained more information about how the company would assess and settle cancer claims if the bankruptcy plan is approved.
The maximum amount under the settlement will be $500,000 for patients diagnosed with mesothelioma that is terminal before age 45, and $260,000 for patients diagnosed with terminal ovarian cancer before age 45.
The proposed settlement provides discounts based on the type and severity of cancer, the individual’s age, history of talc use and other factors. Talc class action. For instance an individual who was using talc products weekly, had the family history of ovarian cancer and was diagnosed with the stage 2 ovarian cancer at age 55 might qualify for a $21,125 payment under the settlement plan.
Judge ordains J&J and talc opponents participate in settlement talks.
After another round of hearings in Johnson & Johnson’s attempt to implement 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 negotiations to settle the matter, Bloomberg reports.
The second time it attempted to file for bankruptcy for LTL management, a subsidiary founded by J&J to manage the claims company offered a settlement of $8.9 billion. Talc class action. While one firm representing plaintiffs agree with the settlement, a different group is against the settlement.
The previous week, the opposition group, dubbed”the Official Committee of Talc Claimants requested the bankruptcy court to dismiss the case arguing that LTL is not considered to be in financial hardship.
“The filing is an incredibly legal and ineffective attempt by a few of law firms to try to stop claimants from deciding on the resolution, which that the overwhelming majority of claimants approve of,” J&J’s litigation chief Erik Haas, said in an announcement. Talc class action. “The law firms behind their filing are financially oriented and have conflicts that do not align with, diverge from, and oppose the interests of their clients. We’ll submit an answer in the appeals court.”
Talc class action. Clay Thompson, a lawyer for MRHFM who is home to more than mesothelioma patients who have sued J&J for bankruptcy, told the second bankruptcy attempt of J&J will fail.
“J&J issues press releases about how great its plans are, but is demanding that plan details–including what individual sick people would actually receive–be kept secret,” Thompson said in an announcement. “What is J&J’s plan to conceal?”
Kaplan has instructed both sides to devise a second reorganization plan, under the supervision from two mediators.
In February 2022, Kaplan acknowledged J&J’s use of Chapter 11 to hasten a settlement that would free the company from the hundreds of thousands of claims regarding its talcum products.
But in the month of January, a federal appeals court overturned the decision, ruling that the company could not be considered to be in “financial difficulty.”
After J&J’s challenge the U.S. Supreme Court was rejected in April, J&J was granted a second petition for bankruptcy roughly two hours later. In response to that move, Kaplan froze the lawsuits for 60 calendar days to decide whether to grant another bankruptcy.
J&J’s unstoppable profit machine sputters after $6.9B cost of litigation involving talc.
With 2 Chapter 11 attempts, J&J has gotten 19 months of which cases were put on hold. Talc class action. The company would like claimants to decide whether they want to accept the settlement. J&J would need 75% acceptance in order for the agreement to be accepted.
In addition to the group of talc lawyers who panned LTL’s bankruptcy plan as well, the U.S. Trustee which is a division of the U.S. Department of Justice is also submitting an appeal to dismiss LTL’s second bankruptcy case.
In a statement this week, U.S. trustee Andrew R. Vara wrote that the doors of bankruptcy courts are “open to honest but unfortunate debtors.” These doors “are not open to parties that don’t have a legitimate bankruptcy objective or seek to use 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 products containing talc, such as the famous baby powder, can cause cancer. J&J has taken its products off of the market first in North America in 2020–and the rest of the world later this year.
J&J seeks to avoid the expense of going to trial. The company has won the majority of the cases that have been resolved at trial, but some losses have been very punitive.
A high-profile trial in Missouri produced a $4.7 billion verdict against the drug maker, which 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 cases involving talc, which are in appeal or concluded. Of the 41 trials, 32 have ended in a win by J&J as well as mistrials or verdict for a plaintiff that was reversed on appeal. Talc class action. Additionally, the company in 2020 negotiated to settle nearly 1000 cases for 100 million dollars, Bloomberg reported at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Talc Class Action
Our lawyers are handling baby powder lawsuits in all 50 states. The lawsuits involving talcum powder against Johnson & Johnson have been going on for a long time. Talc class action. The lawsuits claim that the long-term use of talcum powder (or “talc”), the active ingredient in many products, including the Baby Powder as well as Shower to Shower and Shower to Shower, could cause cancer of the ovary in certain women.
This page gives a J&J Talc Power litigation update and examines how the coming bankruptcy ruling impacts the ultimate settlement amount of the ovarian cancer lawsuits.
Did the deadline expire for you to bring a talcum lawsuit? Many who believe that the time limit has expired to file a lawsuit against Johnson & Johnson are wrong. Call us now at 800-553-2082 or get a no-cost, quick case review online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Talc Class Action
June 2 2023 Update: In the asbestos talc case that took place in California yesterday, technical glitches interrupted the opening statement by the defense lawyers. Talc class action. Jurors who were watching at home via Zoom however, heard Johnson & Johnson’s lawyer expressing doubts about the 70s research claiming asbestos was present in their product before the proceedings abruptly ended.
The plaintiff could introduce its first expert witness Arthur Langer. Langer stated 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 about the presence of chrysotile asbestos within the company’s talc, albeit with less than 0.1 percent. He also found more asbestos in 1976.
June 1st, 2023 Update Talc class action. This is the first court trial that has taken place since J&J took the decision to disband its talc section and declaring bankruptcy is a pivotal moment in the ongoing talc litigation controversy. Trial began yesterday in the tragic case of a young, 24-year-old plaintiff who was diagnosed with a rare and aggressive form of mesothelioma last year, a diagnosis lawyers on both sides believe is a tragic loss.
Opening statements revealed sharp differences in the two sides’ narrative. The plaintiff’s attorney took aim on Johnson & Johnson, alleging the use of deceptive tactics in research practices and throughout the litigation process. As per the lawyer, the company attempted to manipulate the definition of asbestos in spite of internal documents from between 1978 and 1994 that showed asbestos fibers in the tissues of the plaintiff are part of.
Johnson &J’s tangled $8.9 billion settlement proposal hangs in the balance as we progress of this trial. Despite the unique nature of the mesothelioma trial and the unique issues it faces compared to other lawsuits involving talcum powder and a decision in favor of the plaintiff could inflict a serious setback to J&J’s hopes of broad acceptance of their settlement proposal among plaintiffs.
May 31st 2023 Update: Johnson and Johnson’s bankrupt talc business strongly defended their two-time Chapter 11 filing in the opposition of the talc injury plaintiffs. In an opposition filed with the New Jersey bankruptcy court, it argued that the filing differed fundamentally from the prior filing. It emphasized the unprecedented commitment to $8.9 billion in settlement from J&J the largest settlement ever in the history of a mass tort bankruptcy. Talc class action. The issue is not discussed: whether the magnitude of the settlement indicates that it is a fair settlement. J&J also claimed support from a variety of plaintiffs’ law firms representing over 600,00 claimants. It is difficult to confirm but likely incorrect.
May 24 2023 Update: As of Johnson and Johnson’s bankruptcy filing in 2021 filing, the very first trial concerning its cosmetic talc items allegedly comprised of asbestos is set to begin jury selection on Monday, California in Alameda County Superior Court, a historically good location for plaintiffs. Plaintiff claims that mesothelioma was triggered by asbestos exposure through J&J’s products, an allegation that the company does not deny. The trial also includes six retailers accused of selling talc-containing products.
May 22nd, 2023 Update: Lawyers involved in the 2nd J&J talc bankruptcy are in a dispute over who should be appointed to the post of the future claims representative, an important role important to resolving the talc claims. Talc class action. Randi Ellis, a lawyer who is frequently involved in MDLs across the country was appointed as the claims representative in the first bankruptcy. J&J’s defense attorneys want Ellis to be appointed in that position yet again, but the lawyers for the talc plaintiffs are protesting because Ellis has a conflict of interest that should prevent her from taking on that role once more. This conflict is rooted in the reality that Ellis was involved in drafting the controversially contesting second bankruptcy, which raises doubts about her capacity to be neutral. However, the reality is that this bankruptcy could be dismissed regardless.
May 17, 2023 Update The pretend company J&J put together for the talc bankruptcy informed an New Jersey bankruptcy court that they have designated $400 million to settle the claims of states that accuse the company of deceptive advertising for its talc-based products. Talc class action. That’s an $8.5 billion settlement for cancer victims. It’s difficult to imagine the scenario in which J&J will be able to push these baby powder settlements through given these numbers. While J&J’s proposed $8.5 billion offer might seem like a lot of money initially, it does not look great when you do the math. This settlement offer based on our rough calculations, would not pay victims much more than $100,000 per case. That’s not enough.
May 15 2023 update: J&J is potentially facing a lawsuit from an advocacy group that represents cancer patients. Talc class action. The group claims that J&J intentionally withdrew an $61.5 billion fund-raising agreement together with its parent company, LTL Management LLC, to create the appearance of financial hardship and verify 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 are planning to study J&J’s actions as a result of the decision to dismiss the LTL’s bankruptcy case in its first instance.
May 10 2023 Update: During the next week next week, it is expected that the U.S. Bankruptcy Court in New Jersey will hear oral arguments in a motion reject the second bankruptcy filing of J&J LTL Management, J&J’s subsidiary. LTL Management. In the meantime, however 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 manufacturer Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to numerous lawsuits alleging its talc products cause cancer from asbestos exposure. Talc class action. Over 2700 people have sued the firm and it is spending $1 million a month to defend itself. The company’s recent $29 million verdict on the state of South Carolina forced it to seek bankruptcy protection, arguing for an equitable distribution of assets among talc claimants instead of being taken from the receiver. Other talc suppliers have also declared bankruptcy because of litigation.
May 4 2023, Update U.S. Court of Bankruptcy Michael Kaplan has directed Johnson & Johnson to reopen talks with lawyers who have rejected the company’s proposed $8.9 billion agreement. It was in Trenton, New Jersey yesterday, the parties gathered in court to discuss next steps in the second bankruptcy case and Judge Kaplan was pushing for more settlement discussions.
This is the best way to settle these claims for J&J. A settlement for baby powder can be achieved. Talc class action. However, it will require more money – billions of dollars of Johnson & Johnson.
Lawyers are divided over whether to take the proposal or not and not all clients view the situation the same way their lawyer does. This second case of bankruptcy is likely to fail as Judge Kaplan has set a date for a hearing in June to determine if she will close the case for the third time.
May 3 2023 Update A group of cancer patients who have sued Johnson & Johnson (J&J) asked to have J&J’s 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 has filed a motion this week, asking that the Third Circuit to consider their case and send it back to a lower court with instructions for dismissing the bankruptcy. Talc class action. They also asked that the halted tort litigation against J&J continue to proceed.
LTL requested Chapter 11 protection once again after its first bankruptcy filing was rejected in the Third Circuit earlier this year, offering the possibility of an $8.9 billion payment. The committee says that the recent decision allowing LTL’s 2nd Chapter 11 to continue, and also stopping trials against J&J and J&J, requires urgent Third Circuit review. The US Trustee requested an New Jersey bankruptcy court dismiss the LTL bankruptcy case. J&J’s global vice president of litigation, Erik Haas, was quoted by Bloomberg as saying that J&J intends to file a reply in the appeals court calling the request a “desperate and legally deficient move” by a few of law firms that have different financial interests.
May 1st 2023 Update: One frequently asked question is how could plaintiffs and their lawyers turn down $8.9 billion. Of course, that is an immense amount of money. There are a lot of victims. Talc class action. These are actually a good claims for plaintiffs. We were reminded of this recently in two talc trials which ended in large verdicts for the plaintiffs. In February mesothelioma, a talcum-based powder trial in Oregon ended in an award that was $18.1 million. In the same month, a different mesothelioma-related talc case went to the court within South Carolina and resulted in the verdict of $29 million to the plaintiff. The defendant in both cases was Whittaker, Clark & Daniels Inc. one of the most prominent manufacturers of talc in U.S.
April 30th 2023 Update: When J&J initially tried to take the talcum powder litigation into bankruptcy, they came with an offer to reserve $2 billion to settle the case. The amount was absurdly low. There was no one among the talc victims who supported it. This time, however, J&J has increased the offer to $8.9 for talc-related plaintiffs if they agree to a bankruptcy settlement and also has the support of a substantial part of the talc-related plaintiffs and their attorneys. Talc class action. However, 75% of talc plaintiffs, which is necessary for bankruptcy plan approval is a difficult road with so many lawyers with huge inventory of baby powder litigations opposed to the settlement.
What can be done to end the impasse? More billions.
April 25 2023 update: Talc Cancer victims have asked a judge to reject their Chapter 11 case filed by LTL Management LLC, a absurdly made-up Johnson & Johnson subsidiary, declaring that the company isn’t financially strained. LTL applied for Chapter 11 to settle tens of thousands of claims that J&J’s baby powders caused cancer. Talc class action. The 3rd Circuit dismissed its first Chapter 11 case in January, saying the company wasn’t eligible for bankruptcy relief as it failed to show financial distress.
The plaintiffs argue that the 2nd Chapter 11 case is an misuse of the bankruptcy system and that it is being pursued in bad good faith. J&J states that the bankruptcy settlement is backed by “significant backing” from firms representing approximately 60,000 people who are claiming. It’s safe to say that the plaintiffs’ attorneys and victims are divided over their disagreement over the $8.9 billion settlement offer.
April 21st, 2023 Update: A bankruptcy judge decided the company Johnson & Johnson must face new lawsuits alleging that the firm sold a baby powder that contained a chemical that causes cancer. Even though trials for the lawsuits involving talc are delayed for a minimum of 60 days but new lawsuits can be filed and lawyers may begin to prepare their cases. Talc class action. The judge expressed skepticism over J&J’s absurd attempt to revive its strategy with another bankruptcy case.
April 13 2023: Update on the major story is that there’s an $8.9 billion over 25 year period settlement offered. Lawyers representing cancer patients in the MDL group action vowed to challenge the settlement Talc claimants. Why? They feel it’s not enough money for 70,000 victims who have cancer. Talc class action. These lawyers believe that J&J should seek a bigger settlement or pursue individuals’ claims if the current bankruptcy is dismissed.
But there is another group of lawyers that is not part of the leadership in the class action. These lawyers have amassed the equivalent of tens of thousands of lawsuits. The group is seeking to settle the case now for what is believed to be less than the victims deserve. The argument they make is twofold. They argue that the settlement of around 100,000 dollars per plaintiff is fair.
That is a hard argument to present. However, their second argument has more substance: the victims will be no longer patient and demand their money now.
April 12 2023 Update: Some people are looking for ways J&J can go through bankruptcy again. The answer is complicated and complicated. Let’s try to simplify it simply.
Johnson & Johnson asserts that bankruptcy is the only means to resolve both current and future talc lawsuits conclusively. It believes it can pay less if there is a bankruptcy element that creates pressure to negotiate a settlement. Talc class action. Driving past hundreds of years of American time, the business asserts that bankruptcy benefits all parties as it distributes settlement payments more evenly and efficiently than trial courts, where litigants are awarded significant settlements while others get nothing.
The essence of the 3rd Circuit decision was this is not a case – a profitable company making an entity to assume the legal liability and declare bankruptcy – something Congress had in mind when it came to drafting the Bankruptcy Code. However, the court also ruled it was not financially difficulty because J&J promised unlimited funding.
So J&J jumped on the unlimited funding aspect of the agreement and did not promise to provide unlimited funding for litigation. J&J claims that its modified financing arrangements with its subsidiary addresses the concerns of the appellate court, while supplying funds for claim payments. As if providing victims with lesser money could solve the overall issue.
Lawyers representing cancer victims who oppose the deal counter this by arguing that the plaintiff is a defense against legal nonsense by pointing out legal absurdity: J&J fraudulently transferred $50 billion of assets from LTL Management to circumvent the appeals court’s earlier decision. Hyperbole was not spared by the victims’ lawyers, who call it the most significant “fraudulent move of assets in United States history.”
Despite all the legal jargon, J&J does not really believe this bankruptcy will be able to last. But it’s a way to try and push the $8.9 billion settlement and keep pressure on plaintiffs.
April 10, 2023 update: Bloomberg is running an intriguing report on a brand new law within New Jersey that is shedding new light on the funding of litigation in the suit for class actions. Funders for litigation Virage Capital Management and TRGP Capital invested in hundreds of claims that were brought against Johnson & Johnson (J&J) over talc products in exchange for a share of any winnings. J&J is now willing to pay $8.9 billion in settlements for all lawsuits.
The involvement of funders is public knowledge because of an New Jersey court rule requiring the release of certain details regarding outside funding backers. The law is designed to tackle the growing demands for the regulation of lawsuit funders. J&J faces over 60,000 claims when you add up state and federal child powder-related lawsuits. Third-party funding for mass tort lawsuits is not without its pros and pros and. There is no doubt that we are seeing how third-party funding could level the playing field for individuals as well as large corporations in the courtroom.
April 4 2023 Update: It is fun to watch the worm turn 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 extend the automatic stay while J&J appeals an appeal to the U.S. Supreme Court. It has stopped hundreds of cases involving talcum powder and stopped new lawsuits from being filed ever since J&J started the controversial process to spin the talc debts into a bankrupt subsidiary over one year earlier. Talc class action. When it was decided that the 3rd Circuit ruled that this bankruptcy was not valid some months ago, the stay was revoked. J&J was hoping to have it continue in the meantime of 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. The chance is that the Supreme Court is willing even to consider the appeal? Low.
March 16 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 just over a year. Seven new talc lawsuits have been joined to the MDL over the last month and brought the total number of cases pending to 37,522.
February 25, 2023 Update: A Congressmen from Tennessee has now demanded that the U.S. Government Accountability Office (GAO) start an investigation into the cost J&J products containing talc have cost the government over the many years.
A recent email to the GAO, Rep. Steven Cohen (D-Ten.) accused J&J of ignoring the risks of its talc product for years while tax dollars were used to treat those who were injured through exposure to the chemicals. The demand comes just weeks following J&J’s dramatic loss in the 3rd Circuit Court of Appeals.
Talc class action. J&J should begin to make reasonable settlements for victims in order the process of putting all this behind. It is a stain on one of the top businesses.
February 14 2023 Update: In an appearance today at the hearing 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 Talc class action. 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!