You May be Entitled to Significant Compensation Talc doesnt contain asbestos. 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 pay 400 million dollars to US state AGs. Talc Doesnt Contain Asbestos .
Johnson & Johnson (JNJ.N) has set the amount of $400 million for resolving U.S. state consumer protection actions as part of its wider $8.9 billion settlement of allegations that its Baby Powder and other talc ingredients cause cancer. Talc doesnt contain asbestos.
J&J company subsidiary LTL Management filed a bankruptcy plan in New Jersey late on Monday that details how the company intends to pay different types of cancer sufferers in an arrangement for bankruptcy. Talc doesnt contain asbestos. J&J has said that its Talc products are safe, and will not cause cancer. J&J is seeking an additional time to conclude more than 38,000 lawsuits filed in bankruptcy and prevent new cases from being filed in the near future.
LTL’s bankruptcy plan would pay $400 million into an additional trust to settle claims brought in state courts by attorneys general claiming that J&J had violated the state’s unfair commercial practices as well as consumer protection laws by misinforming consumers about the dangers of its talc products.
A number of states had already initiated consumer protection lawsuits against J&J prior to LTL’s bankruptcy filing stopped these investigations from progressing in 2021. Talc doesnt contain asbestos. New Mexico and Mississippi had already brought suits with Johnson & Johnson before then, and the states of Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative subpoenas or demands in LTL’s court documents.
New Mexico and Mississippi have moved to dismiss LTL’s bankruptcy as well as cancer patients and their counterparts from the U.S. Justice Department’s watchdog on bankruptcy, who have argued that a profitable business like J&J does not qualify for bankruptcy protections meant for the struggling debtors.
The company’s initial attempt to resolve the lawsuits in bankruptcy was dismissed following similar arguments. A U.S. appeals court determined in favor of LTL wasn’t in “financial difficulty” and ineligible under bankruptcy law. Talc doesnt contain asbestos. LTL declared bankruptcy a second time within two hours of the dismissal, arguing its second attempt was different due to the fact that there was less money available and more support for a settlement.
New Mexico and Mississippi said in their motion for dismissal that LTL’s bankruptcy renewal violates the law enforcement powers of the state by seeking to unilaterally limit the liability of the company in state consumer protection actions.
Talc Doesnt Contain Asbestos
LTL’s filings for the new year also contained more information on how the company would assess and pay claims for cancer if the bankruptcy plan is approved.
The highest payments under the settlement would be $500,000 to those diagnosed with terminal mesothelioma before age 45 and $260,000 for people diagnosed with cancer of the ovary prior to age 45.
The proposed settlement applies discounts depending on the type and severity of cancer, the individual’s years of age, their history of using talc and other factors. Talc doesnt contain asbestos. For instance someone who regularly used talc products weekly, had an ancestral history of ovarian cancer and was diagnosed with an ovarian cancer stage II at age 55 may qualify to receive a payment of $21,125 under the program.
Judge ordains J&J and talc opponents to take part in settlement talks.
After another round of hearings in Johnson and Johnson’s efforts to use 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 strategy to engage in negotiations to settle the matter, Bloomberg reports.
In its second bankruptcy effort for LTL management, a subsidiary founded by J&J to settle claims – the company offered a settlement amounting to $8.9 billion. Talc doesnt contain asbestos. While one firm representing plaintiffs support the proposal, another group is opposed to the offer.
In the last week, an opposition group, dubbed the Official Committee of Talc Claimants, urged the bankruptcy court to dismiss this case arguing that LTL can not be considered in financial distress.
“The filing is an unjust and legally flawed attempt by a tiny number of law firms to stop claimants from voting on the resolution plan, a plan that the vast majority of claimants support,” J&J’s litigation chief Erik Haas, said in an announcement. Talc doesnt contain asbestos. “The law firms that are behind the filing are pursuing financial interests which are in conflict with, diverge from, and contravene those they represent. We’ll submit an answer before the court of appeals.”
Talc doesnt contain asbestos. Clay Thompson, a lawyer for MRHFM which has more than 80 mesothelioma patients who have filed lawsuits against J&J for bankruptcy, told J&J’s second bankruptcy attempt is likely to fail.
“J&J issue press releases that boast about how amazing its plan is, while insisting that the plan’s details, including what each sick person will receive–be kept secret,” Thompson said in an announcement. “What is J&J’s plan to keep secret?”
Kaplan has instructed both sides to create a strategy for reorganization, under supervision from two mediators.
In February 2022, Kaplan confirmed J&J’s use of Chapter 11 to hasten a settlement that will free the company from the tens of thousands of claims regarding its talcum products.
In the month of January, a federal appeals court overturned the ruling, ruling that the company was not able to be considered in “financial distress.”
When J&J’s attempt to challenge the U.S. Supreme Court was rejected the same month, J&J was granted a second petition for bankruptcy two hours later. In response, Kaplan froze the lawsuits for 60 calendar days to decide whether to allow another bankruptcy.
J&J’s unstoppable profit machine sputters after $6.9B the talc litigation cost.
With the 2 Chapter 11 attempts, J&J has purchased 19 months of which the cases were held. Talc doesnt contain asbestos. The company is requesting that claimants take a vote to accept their settlement. J&J needs 75% approval for the deal to go through.
Alongside the group of talc lawyers who panned LTL’s bankruptcy plan in the U.S. Trustee, the U.S. Trustee, an arm from the U.S. Department of Justice is also submitting an appeal to dismiss LTL’s second bankruptcy case.
In a recent filing, U.S. Trustee Andrew R. Vara wrote that the the bankruptcy court remain “open to honest, but naive debtors.” These doors “are not accessible to those that do not have a legitimate goal or who seek to abuse the bankruptcy process to delay or hinder their creditors,” Vara continued.
To its credit, J&J maintains there is no conclusive evidence that its Talc-based products, such as its popular baby powder can cause cancer. J&J has taken its products off 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 costly business of going to court. The company has won the majority of the cases decided through trial, though certain losses have been extremely punishing.
A highly publicized trial in Missouri produced an $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
Overall, J&J has lost nine trial cases in talc which are appealing or decided. In 41 trials 32 ended with winning for J&J either through a mistrial or verdict of a plaintiff annulled upon appeal. Talc doesnt contain asbestos. The company also in 2020 sought to settle around 1,000 cases worth 100 million dollars, Bloomberg published at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Talc Doesnt Contain Asbestos
Our lawyers handle baby powder lawsuits across every state. The lawsuits involving talcum powder on behalf of Johnson & Johnson have been ongoing for years. Talc doesnt contain asbestos. The lawsuits contend that the prolonged use of the powder (or “talc”), the active ingredient in products such as Baby Powder along with Shower to Shower which can cause cancer of the ovary in certain women.
This page gives the J&J Talc Power Update and explains how the forthcoming bankruptcy ruling affects the final settlement amount of the cases of ovarian cancer.
Did the deadline expire for you to make a claim for talcum powder? Many who assume the deadline has passed to file a lawsuit against Johnson & Johnson are wrong. Call us today at 800-553-8082 or request a no-cost and quick case review online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Talc Doesnt Contain Asbestos
June 2 2023 Update: In an asbestos talc court trial held at the trial in California yesterday, some technical issues halted the opening statements made by defense attorneys. Talc doesnt contain asbestos. The jurors, attending from home via Zoom, did hear Johnson & Johnson’s lawyer expressing doubt about the 70s research claiming asbestos was present in their product, but the trial was abruptly closed.
The plaintiff could introduce an initial witness Arthur Langer. Langer explained that the existence of other minerals with the talc’s mineral content is inevitable. He testified that his team advised J&J in 1971 about the presence of asbestos chrysotile in the talc manufactured by the company, though at lower than 0.1 percent. He also discovered more asbestos in 1976.
June 1st, 2023 Update Talc doesnt contain asbestos. First trial after J&J took the decision to disband its Talc segment and file for bankruptcy marks an important turning point within the ongoing litigation saga. Trial began yesterday in the heartbreaking trial of a young plaintiff, diagnosed with an extremely rare and aggressive form of mesothelioma earlier this year. a diagnosis lawyers on both sides acknowledge is a harrowing tragedy.
Opening statements laid bare huge differences between the sides’ story. The attorney representing the plaintiff aimed his ire against Johnson & Johnson, alleging the use of misleading methods in their research practices as well as throughout the litigation process. According to the attorney, Johnson & Johnson tried to alter asbestos’ definition, in spite of internal documents from 1978 and 1994 showing that asbestos fibers that were found in the tissue of the plaintiff are included.
Johnson & Johnson’s precarious $8.9 billion settlement deal hangs in the balance as we development of the trial. Despite the particularity of this mesothelioma lawsuit and its distinctive issues in comparison to other talcum powder lawsuits, a verdict favoring the plaintiff could cause an unintended setback to Johnson & J’s expectations of widespread acceptance of their settlement proposal among plaintiffs.
May 31 2023 Update: Johnson & Johnson’s bankrupt talc division strongly defended the Second Chapter 11 filing in the facing challenges from injured talc claimants. In an opposition filed with the New Jersey bankruptcy court, the company argued that the case was vastly different from the first filing. It emphasized the unprecedented commitment of $8.9 billion from J&J as the biggest settlement ever to be made in a mass tort bankruptcy case. Talc doesnt contain asbestos. The issue is not discussed: whether the size of the settlement means it is an equitable settlement. J&J also claimed support from various plaintiffs’ law companies representing over sixty thousand claimants. This is not easy to confirm but is probably incorrect.
May 24, 2023 Update: Since Johnson & Johnson’s bankruptcy in 2021 filing, the very first trial on the cosmetic talc products it claims to that contain asbestos is scheduled to commence jury selection on Monday, May 24, California in Alameda County Superior Court, a historically good court for plaintiffs. The plaintiff claims that his mesothelioma resulted from asbestos exposure from J&J’s products which the company denies. The trial also involves six retailers accused of selling talc products.
May 22nd, 2023 Update: Lawyers involved in the 2nd J&J talc bankruptcy are disputing who should be appointed to the role of a the future claims representative, an important role important to resolving the Talc claims. Talc doesnt contain asbestos. Randi Ellis, a lawyer who frequently appears in MDLs across the country was appointed the claims representative in the initial bankruptcy. J&J’s defense attorneys want Ellis to be appointed to this position yet again, but the lawyers for the talc plaintiffs are protesting due to the fact that Ellis has a conflict of interest that would prevent her from taking on that role once more. This conflict is rooted in the reality that Ellis was involved in the creation of the hotly contested second bankruptcy, which raises questions about her capability to remain neutral. It’s true that this bankruptcy is likely to be tossed out anyway.
May 17th, 2023 Update: The pretend company that J&J created to settle the talc litigation bankruptcy disclosed to an New Jersey bankruptcy court that they have set aside $400 million to pay the claims made by states accusing the company of deceptive advertising regarding its talc products. Talc doesnt contain asbestos. This amounts to an $8.5 billion settlement to cancer victims. It’s hard to imagine a scenario where J&J could push the baby powder settlements given these numbers. While J&J’s proposed $8.5 billion offer sounds like a huge sum at first, it does not appear appealing after you calculate the figures. This settlement offer based on our estimates – will not offer victims anything more than an average settlement $100,000 per instance. It’s not enough.
May 15, 2023 Update J&J may be in the middle of a lawsuit brought by an advocacy group representing cancer patients. Talc doesnt contain asbestos. The group contends that J&J deliberately retracted a $61.5 billion fund-raising agreement in conjunction with its affiliate, LTL Management LLC, in order to create a false sense of financial distress and verify the unit’s Chapter 11 bankruptcy filing. The group claims this decision amounts to a fraudulent transfer of the right to compensation for victims. They will investigate J&J’s actions in the wake of the decision to dismiss the LTL’s bankruptcy case in its first instance.
May 10, 2023 Update: Next week in next week, the U.S. Bankruptcy Court in New Jersey will hear oral arguments on a petition to dismiss the second bankruptcy filing by J&J LTL Management, J&J’s subsidiary. LTL Management. However, in the meantime, the bankruptcy has issued an order requiring both sides to take part in a settlement mediation with the hopes of achieving the global settlement can be reached.
May 5th, 2023 Update: The talc manufacturer Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to numerous lawsuits alleging that its Talc products caused cancer from asbestos exposure. Talc doesnt contain asbestos. Over 2700 people have sued the firm and the company was spending $1 million a month on legal defense. The company’s recent $29million verdict at the Supreme Court of South Carolina forced it to pursue bankruptcy protection, and arguing for an equitable distribution of assets among talc claimants instead of being taken through the receiver. Other suppliers of talc have been forced to file for bankruptcy as a result of lawsuits.
May 4, 2023, Update U.S. Bankruptcy Judge Michael Kaplan has directed Johnson & Johnson to restart talks with lawyers who rebuffed the company’s proposed $8.9 billion offer for settlement. The court in Trenton, New Jersey yesterday, the parties appeared in court to discuss the next steps for their second bankruptcy matter. Judge Kaplan has pushed for further settlement talks.
This is the answer to resolve the claims of J&J. A baby powder settlement can be completed. Talc doesnt contain asbestos. But it will require more money – more billions of dollars – from Johnson & Johnson.
Lawyers are divided on whether or not to accept the plan and not all clients view this issue the same way their lawyer sees it. The second bankruptcy case is expected to go nowhere and Judge Kaplan has set a date for a hearing in June to determine whether to dismiss the bankruptcy for the second time.
May 3, 2023 Update: A group of cancer victims 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 the litigation surrounding talc-based products. The committee representing talc claimants has filed a motion this week requesting the Third Circuit to consider their case and to send it back to a lower court, with instructions to dismiss the bankruptcy. Talc doesnt contain asbestos. The committee also requested that the stoppage of tort litigation against J&J continue to continue.
LTL has filed for Chapter 11 protection once again after its bankruptcy filing was denied by the Third Circuit earlier this year which offered a $8.9 billion settlement. The committee says that the recent ruling which allowed LTL’s second Chapter 11 to continue, and also stopping trials against J&J, warrants urgent Third Circuit review. The US Trustee has also 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 declaring that J&J plans to file a reply in the appeals court characterizing the filing as a “desperate and legally deficient move” by a handful of law firms with conflicting financial interests.
May 1 2023 Update: One question people keep asking is how could plaintiffs and their lawyers turn on $8.9 billion. Of course, that’s a lot of money. However, there are lots of victims. Talc doesnt contain asbestos. And these are really good arguments for plaintiffs. We were reminded recently by two talc-related trials that ended in large verdicts for plaintiffs. In February, a talcum powder mesothelioma trial in Oregon was settled with the verdict of $18.1 million. A month later, another mesothelioma-related talc case went to trial on the other side of South Carolina and resulted in a verdict of $29 million in favor of plaintiff. It was the same defendant as in these cases: Whittaker, Clark & Daniels Inc., one of the leading suppliers of talc within the U.S.
April 30th, 2023 Update: When J&J initially tried to take the talcum powder lawsuit into bankruptcy, it did so with an offer to set aside $2 billion to settle the case. The sum was ridiculously low. There was no one among the talc victims who were in favor of the offer. However, this time, J&J has increased the offer to $8.9 for talc-related plaintiffs if they agree to a bankruptcy settlement and they have the support of a large section of the talc victims and their lawyers. Talc doesnt contain asbestos. However, 75% of plaintiffs who are a talc, which is needed for approval of the bankruptcy plan is a difficult road because of the number of lawyers who have large stocks of baby powder litigations opposed against the proposed settlement.
What are the solutions to the impasse? More billions.
April 25, 2023, Update Talc plaintiffs have asked a judge to reject their Chapter 11 case filed by LTL Management LLC, a absurdly fabricated Johnson & Johnson subsidiary, insisting that the company is not financially distressed. LTL has filed for Chapter 11 to settle tens of thousands of claims that J&J’s baby powders caused cancer. Talc doesnt contain asbestos. It was the 3rd Circuit dismissed its first Chapter 11 case in January in a ruling that said the company wasn’t eligible for bankruptcy relief as it was unable to demonstrate financial distress.
The claimants contend that LTL’s second Chapter 11 case is an abuse of the bankruptcy system and it’s being pursued in bad good faith. J&J states that the bankruptcy settlement receives “significant support” from firms representing about 60,000 potential plaintiffs. It is fair to say that plaintiffs’ lawyers and victims are divided over what they believe is an $8.9 billion deal.
April 21st, 2023 Update: A bankruptcy judge has ruled in favor of Johnson & Johnson must face new lawsuits alleging that it sold tainted baby powder causing cancer. While trials in the talc lawsuits have been suspended for a minimum period of 60 days and new lawsuits are able to be filed, and lawyers can begin preparing their cases. Talc doesnt contain asbestos. Judges expressed doubt about J&J’s attempt to revive its strategy by filing the second bankruptcy case.
April 13, 2023 Update: The biggest announcement is an $8.9 billion over 25 years settlement offer. Lawyers representing cancer patients in the MDL Class Action have pledged to fight the settlement with the talc claimants. Why? They believe it’s not enough money for more than 70,000 cancer victims. Talc doesnt contain asbestos. They argue that J&J should seek a bigger settlement or litigate individual claims if the most recent bankruptcy is declared unconstitutional.
But there is another group of lawyers that is not part of the top leadership in that class action. The lawyers collectively have accumulated the equivalent of tens of thousands of lawsuits. This group wants to settle today 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 100 million dollars on average per plaintiff – is fair.
This argument isn’t easy to make. However, their second argument has more force: victims should no longer wait and want their money today.
April 12 2023 Update: People are asking how J&J can file for bankruptcy once more. The answer is complicated and complex. 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. That is, it thinks it can get a lower rate in the event of a bankruptcy element that creates pressure to settle. Talc doesnt contain asbestos. Going back to hundreds of years of American history, the company argues that bankruptcy benefits all parties as it distributes settlement payments more equitably and effectively than trial courts in which some litigants receive substantial settlements while others get nothing.
The basic tenet of this 3rd Circuit decision was this isn’t a case that involves the profit-making company that has subsidiaries to meet the legal risk and declare bankruptcy – something Congress had in mind when it came to drafting the Bankruptcy Code. However, the court also ruled the company was in financial crisis because J&J promises unlimited funding.
So J&J decided to go with the unlimited funding part of the holding but did not pledge that it would provide unlimited funds for the litigation. The company claims that updated financing arrangements with its subsidiary will address concerns of the appellate court, while supplying funds for claim payments. In the hope that offering victims lesser money could solve the underlying issue.
Attorneys representing cancer victims who oppose the deal counter this with what you conclude is countering legal nonsense with legal nonsense: J&J fraudulently transferred $50 billion of assets away from LTL Management to circumvent the appeals court’s previous decision. The hyperbole wasn’t spared: victims’ lawyers call it the biggest “fraudulent deal in United States history.”
Despite all the legal jargon, J&J does not really think this bankruptcy will survive. But it’s a way to try and push the $8.9 billion settlement through and maintain pressure on plaintiffs.
April 10 2023 Update: Bloomberg offers an informative report on a brand new law in New Jersey that is shedding new light on litigation funding in the plaintiffs in the class action. Funders for litigation Virage Capital Management and TRGP Capital invested in hundreds of claims in the case of Johnson & Johnson (J&J) regarding talc products, in exchange for a portion of any winnings. J&J is now willing that it will pay $8.9 billion in settlements for all lawsuits.
The funders’ involvement is public knowledge due to the New Jersey court rule requiring the release of certain details about funders outside the state. The rules aim to respond to the increasing calls for the regulation of litigation funders. J&J faces over 60,000 claims when you combine state and federal child powder-related lawsuits. Third-party funding of mass tort cases has both pros and pros and. 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 is pleasing to see the worm turning in this lawsuit. J&J suffered another setback this week, when an appeals court in the Third Circuit denied J&J’s request to extend the automatic stay as J&J appeals a bankruptcy decision in the U.S. Supreme Court. Automatic stays have froze thousands of talcum powder cases and stopped new lawsuits from arising ever since J&J launched the controversial attempt to spin talc-related liabilities off into a bankrupt subsidiary over a year earlier. Talc doesnt contain asbestos. When the 3rd Circuit ruled that this bankruptcy was insufficient only a few months back, the stay was revoked. J&J wanted to see it remain in effect until an appeal to the SCOTUS appeal. But, 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 odds that is that the Supreme Court is willing even to hear the appeal? Low.
March 16, 2023 Update: with the bankruptcy stay fully lifted, the first new cases were filed and incorporated into the class action involving talcum powder MDL in over one year. Seven new talc lawsuits were brought into the MDL in the past month and brought the total number of cases pending to 37,522.
February 25 2023 Update This morning, a Congressmen from Tennessee has now demanded that authorities from the U.S. Government Accountability Office (GAO) begin an investigation into how much J&J talc products have cost the government over the decades.
In a recent letter to the GAO, Rep. Steven Cohen (D-Ten.) claimed that J&J of not recognizing the risks of its talc products over decades while tax dollars were spent treating those injured by exposure to the products. The lawsuit comes just a few weeks following J&J’s dramatic loss in the 3rd Circuit Court of Appeals.
Talc doesnt contain asbestos. J&J must begin making reasonable settlements to victims to begin getting this behind. This is a blemish on one of the world’s greatest businesses.
February 14 2023 Update: During 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 doesnt contain asbestos. 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!