You May be Entitled to Significant Compensation Talc lawsuit news. Johnson & Johnson powders were proven to contain asbestos (a cancer causing agent) and the company failed to notify users of the cancer risk. $2 BILLION has already been awarded to claims. Free To File! No Fees Unless A Settlement Is Awarded!
J&J’s proposed settlement with talc would provide $440 million US state AGs. Talc Lawsuit News .
Johnson & Johnson (JNJ.N) has put aside $400 million to address U.S. state consumer protection actions as part of its larger $8.9 billion settlement of allegations that its Baby Powder and other talc-based product causes cancer. Talc lawsuit news.
J&J company subsidiary LTL Management filed a bankruptcy plan in New Jersey late on Monday that describes how the company will pay various types of cancer victims in the bankruptcy settlement. Talc lawsuit news. J&J has said that its products containing talc are safe and don’t cause cancer. J&J is seeking a second time to resolve more than 38,000 cases in bankruptcy, as well as prevent new lawsuits from arising in the near future.
LTL’s bankruptcy plans would deposit $400 million to an additional trust to settle claims brought by state attorneys general claiming that J&J had violated state unfair business practices as well as consumer protection laws by misinforming consumers regarding the quality of its talc products.
Some states had started consumer protection lawsuits against J&J before LTL’s first bankruptcy filing prevented these investigations from taking place in 2021. Talc lawsuit news. New Mexico and Mississippi had already filed suits for damages against Johnson & Johnson before then and states like Arizona, Maryland, North Carolina, Texas and Washington had issued subpoenas or civil investigative demands in LTL’s court papers.
New Mexico and Mississippi have moved to dismiss LTL’s bankruptcy, joining cancer victims and those affected by cancer and the U.S. Justice Department’s bankruptcy watchdog. have argued that a successful firm like J&J does not qualify for bankruptcy protections aimed at the struggling debtors.
The first time LTL attempted to settle the bankruptcy lawsuits was dismissed after similar arguments, when a U.S. appellate court ruled it was not LTL had not been in “financial trouble” and therefore not eligible under bankruptcy law. Talc lawsuit news. LTL had filed for bankruptcy again in just two hours following that dismissal, arguing that the second bankruptcy was different due to the fact that there was less money available and had a greater chance of securing an agreement.
New Mexico and Mississippi said in their motion to dismiss that LTL’s renewed bankruptcy violates state law enforcement authorities by trying to unilaterally cap the liability of the company for state consumer protection actions.
Talc Lawsuit News
LTL’s new filings also included more information on how the company would evaluate and pay cancer claims when the bankruptcy plan is approved.
The largest amount of money under the settlement would be $500,000 for patients diagnosed with mesothelioma that is terminal before age 45 and $260,000 for those diagnosed with ovarian cancer that is terminal before age 45.
The proposed settlement applies discounts depending on the severity and type of cancer, the patient’s age, history of using talc and other factors. Talc lawsuit news. For instance someone who regularly used talc products on a weekly basis, who had an ovarian cancer family history, cancer, and was diagnosed with an ovarian cancer stage II at age 55 might qualify for a $21,125 payment under the program.
Judge ordains J&J, talc opponents to engage in settlement talks.
Following another hearing in Johnson and Johnson’s efforts to utilize a Texas Two-Step bankruptcy strategy for talc litigation, federal bankruptcy Judge Michael Kaplan has ordered the company as well as those who oppose the plan to hold settlement talks, Bloomberg reports.
With its second bankruptcy attempt for LTL Management–a subsidiary established by J&J to hold the claims–the company offered a settlement amounting to $8.9 billion. Talc lawsuit news. While a firm representing plaintiffs agree with the proposal, another group is against the settlement.
In the last week, an opposition group, called”The Official Committee of Talc Claimants and urging the bankruptcy court for dismissal of the matter argument that LTL is not considered to be financially distressed.
“The filing is an unjust and legally flawed attempt by a handful of law firms to try to stop claimants from deciding on the resolution plan, a plan the vast and growing majority of claimants are in favor of,” J&J’s litigation chief Erik Haas, said in an announcement. Talc lawsuit news. “The law firms who filed these filings have interests in finance that conflict with, diverge from and infringe on the rights of their clients. We’ll be submitting a response before the court of appeals.”
Talc lawsuit news. Clay Thompson, a lawyer for MRHFM, which includes more than mesothelioma patients who have sued J&J for bankruptcy, told J&J’s second bankruptcy effort will fail.
“J&J issues press releases about how great its plan is, while demanding that plan details–including what the individual sick individuals would receive–be kept secret,” Thompson said in an email. “What does the company have to conceal?”
Kaplan has instructed both sides to develop a new arrangement plan under the oversight and supervision of mediators.
In February 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.
However, in the month of January, an appeals court of the federal government overturned the decision, deciding that the company was not able to be considered in “financial trouble.”
After J&J’s contest the U.S. Supreme Court was denied in April, J&J applied for its first bankruptcy just two hours after. In response to that move, Kaplan froze the lawsuits for 60 days to decide whether or not to approve to file for bankruptcy again.
J&J’s unstoppable profit engine sputters after $6.9B talc litigation charge.
With Two Chapter 11 attempts, J&J has gotten 19 months of which cases have been suspended. Talc lawsuit news. The company would like claimants to accept their settlement. J&J needs 75% support in order for the agreement to be accepted.
In addition to the gang of talc lawyers who panned the bankruptcy of the company, the U.S. Trustee, an arm belonging to the U.S. Department of Justice has also filed motions to dismiss LTL’s second bankruptcy case.
In a letter filed this week, U.S. Trustee Andrew R. Vara wrote that the bankruptcy are “open to honest but unfortunate debtors.” These doors “are not accessible to those that don’t have a legitimate bankruptcy reason or want to use the bankruptcy process to delay or hinder their creditors,” Vara continued.
For its part, J&J maintains there is no evidence conclusive that its Talc-based products, such as its popular baby powder can cause cancer. J&J has been taking the products of the market–first to be available in North America in 2020–and the remainder of the globe later this year.
J&J is determined to stay clear of the expense of going to court. The company has won the majority of the cases decided during trial, however, certain losses have been punishing.
A highly-publicized trial in Missouri produced an $4.7 billion verdict against the drugmaker and was later lowered to $2.1 billion following 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 being appealed or settled. In 41 trials 32 have ended in a win by J&J or a mistrial, or plaintiff verdict that was dismissed after appeal. Talc lawsuit news. In addition, J&J in 2020 moved to settle more than 1,000 cases worth 100 million dollars, Bloomberg reported at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Talc Lawsuit News
Our lawyers handle baby powder lawsuits across all 50 states. The lawsuits involving talcum powder on behalf of Johnson & Johnson have been going on for a long time. Talc lawsuit news. The lawsuits contend that the prolonged use of the powder (or “talc”), the active ingredient found in products such as the Baby Powder or Shower to Shower, can cause cancer of the ovary in certain women.
This page offers the J&J Talc Power litigation update and explains how the forthcoming bankruptcy ruling will impact the final settlement amount in the cases of ovarian cancer.
Have you reached the deadline by which you to make a claim for talcum powder? Many people who think 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 review of your case online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Talc Lawsuit News
June 2 2023 Update: In the asbestos talc case that took place in California yesterday, some technical glitches interrupted the opening statement by the defense lawyers. Talc lawsuit news. Jurors from their homes via Zoom, did hear Johnson & Johnson’s lawyer voice his skepticism about the 70s science that claimed asbestos was present in their product before the session abruptly ended.
The plaintiff had the opportunity to introduce its first expert witness Arthur Langer. Langer explained that the occurrence of other minerals in talc is inevitable. He also testified that his team had notified J&J in the year 1971 about the presence of chrysotile asbestos within the talc manufactured by the company, though at just 0.1 percent. He also discovered more asbestos in the year 1976.
June 1st, 2023 Update: Talc lawsuit news. A trial for the first time since J&J took the decision to disband its Talc division, and then declare bankrupt is a pivotal moment within the ongoing litigation drama. The trial started yesterday in the tragic case of a young, 24-year-old plaintiff who was diagnosed with a rare and aggressive type of mesothelioma earlier this year. which both sides agree is a tragedy of a different kind.
Opening statements laid bare stark differences in each side’s story. The attorney for the plaintiff took aim against Johnson & Johnson, alleging the use of deceptive methods in their research practices as well as throughout the litigation procedure. In the words of attorney, Johnson & Johnson tried to alter asbestos’ definition, in spite of internal documents from 1998 and 1994 that show fibers discovered in the plaintiff’s tissue are included.
Johnson &J’s tangled $8.9 billion settlement deal hangs in the balance with the course of this trial. Despite the unique nature of this mesothelioma lawsuit and its unique challenges compared to other talcum powder lawsuits A verdict in favor of the plaintiff could cause a serious setback to J&J’s expectations of widespread acceptance of their proposed settlement among plaintiffs.
May 31, 2023 Update: Johnson & Johnson’s bankrupted talc unit has strongly defended it’s two-time Chapter 11 filing in the facing challenges from victims of talc injuries. In an opposition filed with the New Jersey bankruptcy court, the subsidiary argued that the case was distinct from the first filing. It emphasized the unprecedented commitment of $8.9 billion to J&J, the largest ever settlement in a mass tort bankruptcy case. Talc lawsuit news. There was no mention of how the magnitude of the settlement signifies that it’s a fair settlement. J&J also claimed support from numerous plaintiffs’ law companies representing over 60,000 claimants. This is difficult to verify but is probably incorrect.
May 24 2023 Update: As of Johnson & Johnson’s 2021 bankruptcy filing, the first trial concerning its cosmetic talc products that are believed to comprised of asbestos is set to begin jury selection on Monday, California with Alameda County Superior Court, the most favored jurisdiction for plaintiffs. The plaintiff claims that his mesothelioma was caused by asbestos exposure resulting from J&J’s products, an allegation J&J denies. The trial also includes six retailers who are accused of selling talc-containing products.
May 22nd, 2023 Update: Lawyers involved in the 2nd J&J talc bankruptcy are now fighting over who should be chosen to fill the role of the future claims representative, an important role important to resolving the Talc claims. Talc lawsuit news. 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 team would like Ellis to be appointed to that role in the future, however lawyers representing the talc plaintiffs are objecting because Ellis has an interest conflict that should prevent her from assuming that position once more. The conflict stems from the reality that Ellis was involved in the drafting of the highly litigated second bankruptcy, which raises questions about her capability to remain neutral. In reality, this bankruptcy is likely to be dismissed in the end.
May 17, 2023 Update: The pretend company that J&J formed for the talc bankruptcy informed the New Jersey bankruptcy court that they had allocated $400 million as a settlement for claims brought by states accusing the company of deceptive advertising for its talc-based products. Talc lawsuit news. This amounts to an $8.5 billion settlement for cancer victims. It is hard to imagine a scenario where J&J will be able to push these baby powder settlements through given these numbers. While J&J’s $8.5 billion offer might seem like a lot initially, it will not look great when you look at the numbers. This settlement offer based on our rough calculations, would not offer victims anything more than an average settlement $100,000 per case. That’s not enough.
May 15th, 2023 Update: J&J might be facing lawsuit brought by an advocacy group that represents cancer victims. Talc lawsuit news. The group contends that J&J deliberately withdrew the $61.5 billion contract for funding with its subsidiary, LTL Management LLC, to simulate financial stress and to validate the company’s Chapter 11 bankruptcy filing. The group asserts this action is a fraud transfer of rights of victims’ compensation. They intend to investigate J&J’s actions in the wake of the denial of the LTL’s bankruptcy case in its first instance.
May 10 2023 Update: The following week in the U.S. Bankruptcy Court in New Jersey will hear oral arguments on a motion to dismiss the second bankruptcy application that was filed by J&J company LTL Management. However, in the meantime the bankruptcy has issued an Order which requires both sides to take part in a settlement mediation in the hope that it will be possible to reach a global settlement agreement come to fruition.
May 5th, 2023 Update: The talc supplier Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to numerous lawsuits alleging that its Talc products caused cancer through asbestos exposure. Talc lawsuit news. Over 2,700 individuals have sued the firm and the company was spending $1 million a month on legal defense. The company’s most recent $29 million settlement on the state of South Carolina forced it to apply for bankruptcy protection and argue that assets should be distributed in an equitable manner between the claimants of talc instead of being seized through 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. bankruptcy judge Michael Kaplan has directed Johnson & Johnson to restart negotiations with lawyers who turned down the company’s proposed $8.9 billion settlement offer. The court in Trenton, New Jersey yesterday, the parties appeared before a judge to discuss next steps in another bankruptcy proceeding and Judge Kaplan was pushing for more settlement discussions.
This is the answer to settle these claims for J&J. A baby powder settlement can be achieved. Talc lawsuit news. But it’ll need more money – more billions of dollars – coming from Johnson & Johnson.
Lawyers are split on whether or not to agree with the proposal and not every client sees this issue the same way their lawyer views it. Second bankruptcy cases are likely to go nowhere with Judge Kaplan has set a date for a hearing in June to decide if he will close the case for the third time.
May 3 2023 Update: A group of cancer patients who have sued Johnson & Johnson (J&J) requested for they request that the Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it is an attempt to derail the litigation surrounding talc-based products. The committee representing talc claimants has filed a motion this week, asking the Third Circuit to consider their appeal and return the case to a lower court, with instructions to dismiss the bankruptcy. Talc lawsuit news. The committee also requested that the halted tort litigation against J&J should be permitted to proceed.
LTL applied for Chapter 11 protection once again following its bankruptcy filing that was rejected by the Third Circuit earlier this year, offering the possibility of an $8.9 billion deal. The committee says that the recent ruling which allowed LTL’s third Chapter 11 to continue, and also stopping trials against J&J is a reason for immediate Third Circuit review. The US Trustee requested be 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 response to the appeals court characterizing the filing as a “desperate and legally flawed attempt” by a handful of law firms who have competing financial interests.
May 1st 2023 Update: One question people keep asking is how plaintiffs and their attorneys turn on $8.9 billion. Of course, it’s quite a sum. There are a lot of victims. Talc lawsuit news. They are a great case for plaintiffs. We have been reminded of this recently with two talc trials resulted in big verdicts for the plaintiffs. In February mesothelioma, a talcum-based powder trial in Oregon was settled with the verdict worth $18.1 million. In the same month, a different mesothelioma talc case was brought to trials in South Carolina and resulted in an award of $29 million in favor of plaintiff. The defendant in both cases was Whittaker, Clark & Daniels Inc. One of the most prominent producers of talc in the U.S.
April 30th, 2023 Update: When J&J first tried to bring the lawsuit over talcum powder into bankruptcy, it was met with the option of putting aside $2 billion for settlements. This was an absurdly low amount. There was no one among the talc victims who were in favor of the proposal. However, this time, J&J has increased the offer to $8.9 if the talc plaintiffs are willing to accept bankruptcy settlements and also has the backing of a significant portion of the talc plaintiffs as well as their lawyers. Talc lawsuit news. But with 75% of plaintiffs in the talc category, which is needed for approval of the bankruptcy plan It’s a long and difficult process with so many lawyers with huge inventory of baby powder-related lawsuits, 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 dismiss their Chapter 11 case filed by LTL Management LLC, a ridiculously made-up Johnson & Johnson subsidiary, insisting that the company is not financially troubled. LTL applied for Chapter 11 to settle tens of thousands of claims that J&J’s baby powders caused cancer. Talc lawsuit news. The 3rd Circuit dismissed its first Chapter 11 case in January, saying the company was not eligible for bankruptcy relief as it did not show financial trouble.
The claimants argue that the third Chapter 11 case is an fraud on the bankruptcy system, and that the case is being handled in bad faith. J&J says the bankruptcy settlement receives “significant support” from the firms that represent an estimated 60,000 claimants. It is fair to say plaintiffs’ lawyers and victims ‘ lawyers are not united over the $8.9 billion settlement offer.
April 21st, 2023 Update A bankruptcy judge has ruled that Johnson & Johnson must face new lawsuits alleging that the firm sold a baby powder that contained a chemical that causes cancer. Although the trials for talc lawsuits are paused for at least 60 calendar days, new lawsuits can be filed, and lawyers will begin preparing their cases. Talc lawsuit news. The judge expressed skepticism over J&J’s ridiculous effort to revive its strategy by filing a second bankruptcy case.
April 13th 2023 update: the major news is the $8.9 billion over the course of 25 years offer for settlement. Lawyers representing cancer patients within the MDL class action have vowed to challenge the settlement those who claim talc. Why? They feel it’s not enough to pay for 70,000 victims who have cancer. Talc lawsuit news. These lawyers argue that J&J should negotiate a bigger settlement or litigate individual claims in the event that the latest bankruptcy is thrown out.
But there’s a separate set of lawyers who are not part of the leadership group in that class action. These lawyers have amassed hundreds of thousands of cases. The group is seeking to settle today in what many believe to be less than these victims deserve. The argument they make is twofold. First, they argue the settlement – which amounts to 100,000 dollars per plaintiff is fair.
That is a hard argument to present. The second argument is more substance: the victims will not afford to wait any longer and need the money immediately.
April 12 2023 Update: Many are seeking out how J&J can go through bankruptcy again. The answer is complicated and convoluted. Let’s try to simplify the issue in a simple way.
Johnson & Johnson asserts that bankruptcy is the only way to address both present and future talc lawsuits conclusively. It believes it can pay less in the event of a bankruptcy element that creates pressure for a settlement. Talc lawsuit news. Going back to more than 400 years in American history, the firm believes that bankruptcy is beneficial to all parties as it distributes settlements more equally and efficiently than trial courts, where litigants are awarded significant award while others do not.
The gist in the 3rd Circuit decision was this is not a matter of one that makes a profit, but a subsidiary to take the legal burden and declare bankruptcy Congress contemplated when drafting the Bankruptcy Code. But it also said that the subsidiary was not financially distress because J&J assured it of unlimited funding.
This is why J&J jumped on the unlimited funding part of the deal and didn’t promise to offer unlimited funding for the litigation. The company claims that its revised financing arrangements with its subsidiary addresses the concerns of the appeals court while offering funds to pay claims. As if offering victims less money will solve the overall issue.
Lawyers representing cancer patients who are against the agreement argue this argument by saying that it is the legal argument. Talc lawsuit news. They counter with legal absurdity: J&J fraudulently transferred $50 billion of assets from LTL Management to circumvent the appeals court’s previous decision. The hyperbole wasn’t spared: victims’ lawyers call it the biggest “fraudulent deal that has occurred in United States history.”
Despite the legal jargon, J&J does not really believe that this bankruptcy will last. But it is a way to try and push the $8.9 billion settlement, and to keep the pressure on plaintiffs.
April 10 2023 update: Bloomberg provides an insightful article about a 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 claims from Johnson & Johnson (J&J) concerning talc products in exchange in exchange for a portion of settlements. J&J has now offered the payment of $8.9 billion to settle any lawsuits.
The funders’ involvement is public knowledge due to an New Jersey court rule requiring the disclosure of certain information about outside funding backers. The law is designed to respond to the increasing calls for regulation of litigation funders. J&J has to deal with more than 60,000 lawsuits when you take into account state and federal Baby Powder lawsuits. Third-party funding in mass tort claims is not without its pros and pros and. But there is no question that we are witnessing the ways that third-party funding can even the playing field between individuals and big corporations in court.
April 4 2023 Update: It’s fun to watch the worm turning in this legal battle. J&J was hit again this week when an appeals court in the Third Circuit denied J&J’s request to extend the automatic stay while J&J appeals a bankruptcy decision to the U.S. Supreme Court. This automatic stay halted thousands of talcum cases and prevented new lawsuits from arising ever since J&J started the controversial process to spin the talc liabilities off into a bankrupt entity over a year ago. Talc lawsuit news. When it was decided that the 3rd Circuit ruled that this bankruptcy was invalid some months ago, the stay was lifted. J&J had hoped to have it remain in effect until its SCOTUS appeal. But, 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 hear the appeal? Low.
March 16 2023 Update: with the bankruptcy stay having been officially lifted, the first new cases were filed and incorporated into the class action involving talcum powder MDL within a year. Seven new talc cases were added to the MDL during the month of March, bringing the total number of pending cases up to 37,522.
February 25, 2023 Update The following information is available: A Congressmen from Tennessee is now calling for authorities from the U.S. Government Accountability Office (GAO) launch an investigation into the cost J&J Talc products have cost the government in the years.
In a recent letter to the GAO, Rep. Steven Cohen (D-Ten.) claimed that J&J of ignoring the dangers of its talc products over years while tax dollars were utilized to treat people injured by exposure to the product. The demand comes just weeks after J&J’s significant loss in the 3rd Circuit Court of Appeals.
Talc lawsuit news. J&J has to begin making reasonable settlements to victims, in order to put all of this behind it. This is a blemish on one of the greatest companies.
February 14 2023 Update: During a hearing today in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention to follow the third U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.
You May be Entitled to Significant Compensation Talc lawsuit news. 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!