You May be Entitled to Significant Compensation Talc lawsuit overturned. 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 Lawsuit Overturned .
Johnson & Johnson (JNJ.N) has put aside $400 million to settle U.S. state consumer protection actions as part of a wider $8.9 billion settlement of allegations that its Baby Powder and other talc-based ingredients cause cancer. Talc lawsuit overturned.
J&J affiliate LTL Management filed a bankruptcy plan in New Jersey late on Monday which outlines how the company intends to pay different types of cancer patients in bankruptcy settlement. Talc lawsuit overturned. J&J has said that its Talc products are safe, and don’t cause cancer. The company is trying for an additional time to conclude more than 38,000 cases in bankruptcy and stop new cases from coming forward in the future.
LTL’s bankruptcy plan will pay $400 million into an additional trust to settle claims filed in state courts by attorneys general alleging that J&J had violated state unfair business practices and consumer protection laws by misinforming consumers regarding the safety 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 lawsuit overturned. New Mexico and Mississippi had already initiated 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 filed a petition to end LTL’s bankruptcy as well as cancer patients and their counterparts from the U.S. Justice Department’s bankruptcy watchdog. They have claimed that a lucrative business like J&J can’t benefit from bankruptcy protections meant for people with debt problems.
The first attempt by LTL to resolve the bankruptcy-related lawsuits was dismissed after similar arguments. In the end, a U.S. appellate court decided in favor of LTL had not been in “financial financial distress” and thus not eligible under bankruptcy law. Talc lawsuit overturned. LTL declared bankruptcy a second time less than two hours after the dismissal, saying 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 new bankruptcy violates state law enforcement authorities by attempting unilaterally to cap the company’s liability for state consumer protection laws.
Talc Lawsuit Overturned
LTL’s filings for the new year also contained more details on how the company would evaluate and pay claims for cancer should the bankruptcy plan be approved.
The largest amount of money under the settlement will be $500,000 for people diagnosed with terminal mesothelioma before the age of 45, and $260,000 for people diagnosed with ovarian cancer that is terminal before age 45.
From there, the proposed settlement offers discounts based on the kind and severity of cancer, the individual’s age, previous using talc and other factors. Talc lawsuit overturned. For example an individual who was using daily talc products, had the family history of ovarian cancer and was diagnosed stage II ovarian cancer at the age of 55 may be eligible for a $21,125 payout under the plan.
Judge orders J&J and talc opponents engage in settlement talks.
Following another round of hearings in Johnson & Johnson’s attempt to use a Texas Two-Step bankruptcy strategy to settle talc lawsuits, federal bankruptcy Judge Michael Kaplan has ordered the company and those opposing the plan to hold talks to reach a settlement, Bloomberg reports.
With its second bankruptcy bid for LTL management, a subsidiary founded by J&J to hold the claims–the company offered a settlement of $8.9 billion. Talc lawsuit overturned. While a firm representing plaintiffs supports the settlement, a different group is opposed to the offer.
Earlier this week, the opposition group, dubbed”The Official Committee of Talc Claimants requested the bankruptcy court to disqualify the petition asserting that LTL is not a factor in financial hardship.
“The filing is an incredibly legal and ineffective attempt by a tiny number of law firms to stop claimants from voting on the resolution, which the vast majority of claimants approve of,” J&J’s litigation chief Erik Haas, said in an announcement. Talc lawsuit overturned. “The law firms that are behind their filing are financially oriented and have conflicts that clash with, diverge from and oppose the interests of their clients. We will be submitting an appeal before the court of appeals.”
Talc lawsuit overturned. Clay Thompson, a lawyer for MRHFM which is home to more than mesothelioma clients who have sued J&J for bankruptcy, told J&J’s second bankruptcy effort failed.
“J&J sends out press releases about how wonderful its plans are, but is demanding that plan details–including what individuals with illnesses would be treated to,” Thompson said in the statement. “What do they have to keep secret?”
Kaplan has directed the parties to create a reorganization plan, under the oversight by two mediators.
On February 20, 2022 Kaplan acknowledged J&J’s recourse to Chapter 11 to hasten a settlement that would release the company from the tens of thousands of claims regarding its talcum products.
In January of this year a federal appeals court ruled against the decision, deciding that the business could not be considered in “financial difficulty.”
When J&J’s attempt to make an appeal before the U.S. Supreme Court was denied the same month, J&J applied for its first bankruptcy two hours after. In response, Kaplan froze the lawsuits for 60 days to decide whether to grant another bankruptcy.
J&J’s unstoppable profit engine sputters after $6.9B talc litigation charge.
With the 2 Chapter 11 attempts, J&J has bought 19 months during which cases were placed in limbo. Talc lawsuit overturned. The company would like claimants to accept their settlement. J&J would need 75% support for the deal to pass.
In addition to the group of talc attorneys who have panned the company’s bankruptcy play in the U.S. Trustee, the U.S. Trustee is an arm belonging to the U.S. Department of Justice was also the one to file a motion to dismiss LTL’s bankruptcy second case.
In a filing this week, U.S. Trustee Andrew R. Vara wrote that the doors of bankruptcy are “open to honest, but naive debtors.” The doors “are not available to anyone that don’t have a legitimate bankruptcy objective or seek to use the bankruptcy process to delay or hinder their creditors.” Vara continued.
In its own words, J&J maintains there is no definitive evidence to suggest that its Talc products, which includes its popular baby powder can cause cancer. J&J has adopted the products of the market first to be available in North America in 2020–and the rest of the world later this year.
J&J seeks to avoid the expense of going to court. The company has won the majority of cases decided at trial, but certain losses have been severe.
A highly publicized trial in Missouri ended in a $4.7 billion verdict against the drug company that was later reduced to $2.1 billion following appeals.
Johnson & Johnson faces high-stakes hearing over ‘Texas Two Step’ talc strategy: report
In all, J&J has lost nine trial cases in talc which are in appeal or resolved. In 41 trials 32 have resulted in the favor of J&J or a mistrial, or plaintiff verdicts that were reversed in appeal. Talc lawsuit overturned. Separately, the company in 2020 moved to settle over 1,000 cases for 100 million dollars, Bloomberg announced at that time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Talc Lawsuit Overturned
Our lawyers handle baby powder lawsuits across all 50 states. The lawsuits involving talcum powder on behalf of Johnson & Johnson have been ongoing for years. Talc lawsuit overturned. The lawsuits claim that the long-term use of the powder (or “talc”), the active ingredient in products such as Shower to Shower Powder and Shower to Shower as well as other products, may cause ovarian cancer in certain women.
This article provides an J&J update on the talc power litigation and explains how the forthcoming bankruptcy ruling impacts the ultimate settlement amount in these ovarian cancer lawsuits.
Is the deadline for you to bring a talcum lawsuit? Many people who think the statute of limitations has run out to file a lawsuit against Johnson & Johnson are wrong. Call us at 800-553-882 or request a free and quick case review online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Talc Lawsuit Overturned
June 2, 2023 Update: During the asbestos talc trial in California yesterday, some technical issues halted the opening statements made by defense lawyers. Talc lawsuit overturned. Jurors who were watching from home on Zoom and hearing the Johnson &Johnson’s lawyer express skepticism about the 70s science affirming the presence of asbestos in their product before the trial was abruptly closed.
Meanwhile, the plaintiff could introduce the first of their witnesses, Arthur Langer. Langer explained that the existence of other minerals in talc is inevitable. He said that his team advised J&J in the year 1971 about the presence of chrysotile asbestos the talc manufactured by the company, though with lower than 0.1 percent. He also found more asbestos in 1976.
June 1st, 2023 Update Talc lawsuit overturned. This is the first court trial that has taken place since J&J decided to spin off its talc segment and file for bankruptcy marks an important turning point within the ongoing litigation controversy. Trial started on Monday in the tragic case of a young, 24-year-old plaintiff who was diagnosed with a rare and aggressive type of mesothelioma in the past year, which both sides believe is a tragedy of a different kind.
Opening statements laid bare stark differences in each side’s narrative. The plaintiff’s attorney took aim at Johnson & Johnson, alleging that the company employed deceitful tactics in research practices and throughout the litigation process. In the words of attorney, Johnson & Johnson tried to alter asbestos’ definition, in spite of internal documents from 1978 and 1994 showing that fibers discovered in the plaintiff’s tissue are included.
Johnson &J’s highly uncertain $8.9 billion settlement deal hangs in the balance with the course of this trial. Despite the particularity of this mesothelioma lawsuit and its distinctive issues in comparison to most talcum powder lawsuits and a decision in favor of the plaintiff could inflict an unintended setback to Johnson & J’s hopes of broad acceptance of their proposed settlement with plaintiffs.
May 31 2023: Update from Johnson & Johnson’s bankrupt talc division vigorously defended its two-time Chapter 11 filing in the in the face of challenges from talc injury claimants. In an objection submitted to the New Jersey bankruptcy court, J&J’s subsidiary claimed that the filing was vastly different from the prior filing. It also emphasized the unprecedented commitment of $8.9 billion to J&J which is the biggest settlement ever to be made in a mass tort bankruptcy case. Talc lawsuit overturned. The issue is not discussed: whether the amount of the settlement means it is an equitable settlement. J&J also claimed support from several plaintiffs’ legal companies representing over the 60,000 plaintiffs. It is difficult to confirm but it’s likely to be false.
May 24 2023 Update: As of Johnson &J Johnson’s bankruptcy filing, the first trial concerning the cosmetic talc products it claims to comprised of asbestos is set to commence jury selection on Monday in California with Alameda County Superior Court, which is a well-known place for plaintiffs. The plaintiff asserts that his mesothelioma is the result of asbestos exposure from J&J’s products, an allegation the company has denied. The trial also involves six retailers who are accused of selling talc-containing products.
May 22, 2023 Update: Lawyers involved in the 2nd J&J Talc bankruptcy are fighting over who should be appointed to the role of a the claims representative in the future, which is vitally essential in resolving the claim for talc. Talc lawsuit overturned. Randi Ellis, a lawyer who is frequently involved in MDLs across the country, was appointed as the claims representative in the previous bankruptcy. J&J’s defense attorneys want Ellis to be appointed in that position again, but lawyers for the talc plaintiffs are objecting due to the fact that Ellis has conflicts of interest that should prevent her from holding that position again. The dispute stems from issue that Ellis was believed to have been involved in the drafting of the highly contested second bankruptcy, which raises questions about her capability to remain neutral. The reality is this bankruptcy could be dismissed in the end.
May 17th, 2023 Update: The pretend company that J&J formed to settle the talc litigation bankruptcy has informed an New Jersey bankruptcy court that they had allocated $400 million as a settlement for allegations made by states who accuse J&J of misleading marketing for its talc product. Talc lawsuit overturned. This amounts to an $8.5 billion settlement to cancer victims. It’s difficult to envision a scenario where J&J can push the settlements of baby powder through at these numbers. While J&J’s proposed $8.5 billion offer seems like a large sum initially, it may not appear appealing after you calculate the figures. This settlement offer based on our rough calculations, would not be able to pay victims more than an average settlement $100,000 per instance. This isn’t enough.
May 15th 2023 Update: J&J could be facing lawsuit brought by an advocacy group that represents cancer victims. Talc lawsuit overturned. The group argues that J&J intentionally canceled a $61.5 billion fund-raising agreement together with its parent company, LTL Management LLC, to create the appearance of financial hardship and to validate the company’s Chapter 11 bankruptcy filing. The group asserts this action is a fraud transfer of rights of victims’ compensation. They plan to explore J&J’s actions in the wake of the dismissal of LTL’s first bankruptcy suit.
May 10, 2023 Update: Next week, the U.S. Bankruptcy Court in New Jersey will hear oral arguments on a motion to dismiss the second bankruptcy application by J&J subsidiaries LTL Management. In the meantime it has approved an Order which requires both sides to participate in a settlement mediation with the hopes of achieving a global settlement deal can been reached.
May 5, 2023: Update on Talc producer Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to several lawsuits alleging that its talc products caused cancer through asbestos exposure. Talc lawsuit overturned. Over 2700 people have sued the firm, and it was paying $1 million per month to defend its legal position. The company’s recent $29 million settlement in South Carolina forced it to seek bankruptcy protection, arguing for equitable distribution of assets to talc claimants, rather than being taken in the hands of the receiver. Other talc suppliers have also declared bankruptcy because of the litigation.
May 4 2023, Update U.S. Bankruptcy Judge Michael Kaplan has directed Johnson & Johnson to relaunch talks with lawyers who turned down Johnson & Johnson’s $8.9 billion deal. At Trenton, New Jersey yesterday, the parties appeared before a judge to discuss next steps in this second case of bankruptcy. Judge Kaplan has pushed for further settlement talks.
This is the solution to resolve the claims of J&J. The baby powder settlement is likely to be made. Talc lawsuit overturned. But it’ll need more money – billions of dollars – coming from Johnson & Johnson.
Lawyers are divided over whether to accept the proposal and not all clients see the situation the same way their lawyer sees it. This second case of bankruptcy is likely to fail and Judge Kaplan has scheduled a hearing in June to determine if she will discharge the bankruptcy for the 2nd time.
May 3 2023 Update: A group representing cancer victims who are suing Johnson & Johnson (J&J) demanded for the Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it is an attempt to halt litigation regarding talc-related products. The group representing claimants for talc filed a motion on Tuesday requesting that the Third Circuit to consider their case and then send it back before a court of lower jurisdiction, with instructions to dismiss the bankruptcy. Talc lawsuit overturned. They also asked that the stopped tort litigation against J&J continue to proceed.
LTL has filed for Chapter 11 protection once again following its bankruptcy filing that was rejected by the Third Circuit earlier this year with the possibility of an $8.9 billion deal. The committee believes that the recent ruling allowing LTL’s third Chapter 11 to continue, in addition to halting trials against J&J should be subject to the immediate Third Circuit review. The US Trustee also requested that 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 formal response in the appeals court, saying that the filing is a “desperate and legally insufficient effort” by a select group of law firms that have conflicting financial interests.
May 1 2023 Update: A most frequently asked question is how plaintiffs and their lawyers turn off $8.9 billion. That’s of course quite a sum. However, there are lots of victims. Talc lawsuit overturned. These are an excellent cases for plaintiffs. We were reminded of this last week when two talc cases resulted in big verdicts for plaintiffs. In February mesothelioma, a talcum-based powder trial in Oregon resulted in an award of $18.1 million. A month later, another mesothelioma trial involving talc was held for trial at South Carolina and resulted in an award of $29 million for the plaintiff. The defendant in both cases was Whittaker, Clark & Daniels Inc. which is one of the most prominent suppliers of talc within the U.S.
April 30th, 2023 Update: When J&J initially tried to take the lawsuit over talcum powder into bankruptcy, they came with an offer to put aside $2 billion for settlements. It was a ridiculously small amount. None of the talc plaintiffs supported it. This time around, however, J&J has increased the offer to $8.9 for talc-related plaintiffs if they will allow a bankruptcy settlement and they have the support of a large part of the talc-related plaintiffs as well as their lawyers. Talc lawsuit overturned. But 75% of the plaintiffs in the talc category, which is required for bankruptcy plan approval, it a tough road with so many lawyers with massive inventory of baby powder litigations opposed to the settlement.
What is the solution to this impasse? More billions.
April 25 2023 update: Talc patients have demanded a judge dismiss their Chapter 11 case filed by LTL Management LLC, a absurdly fabricated Johnson & Johnson subsidiary, which claims that the business is not financially troubled. LTL requested Chapter 11 to settle tens of thousands of claims that J&J’s baby-powders caused cancer. Talc lawsuit overturned. It was 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 had not demonstrated financial distress.
The claimants assert that the second Chapter 11 case is an abuse of the bankruptcy system and that the case is being handled in bad good faith. J&J says the bankruptcy settlement receives “significant backing” from firms representing about 60,000 potential people who are claiming. It’s fair to say that lawyers representing plaintiffs and victims ‘ lawyers are divided on this $8.9 billion amount of settlement offered.
April 21st, 2023 Update A bankruptcy judge decided the company Johnson & Johnson must face new lawsuits alleging that the company sold a baby powder that contained a chemical that causes cancer. Even though trials for the talc lawsuits have been suspended for a minimum of 60 days however, new lawsuits may be filed and lawyers may begin to prepare their cases. Talc lawsuit overturned. Judges expressed skepticism about J&J’s attempt to revive its strategy with another bankruptcy case.
April 13 2023 Update: big update is about the $8.9 billion over the next 25 years offer for settlement. Lawyers representing cancer victims in the MDL group action promised to challenge the settlement those who claim talc. Why? They argue that it’s not enough for more than 70,000 cancer victims. Talc lawsuit overturned. The lawyers say that J&J should seek a bigger settlement or pursue individual claims if the latest bankruptcy is thrown out.
There is a different set of lawyers who are not part of the leadership of that class action. These lawyers have collectively amassed tens of thousands of cases. The group is seeking to settle now for what many argue is less than the victims deserve. The argument they make is twofold. They argue that the settlement – which amounts to an average of $100,000 per plaintiff – is fair.
That is a hard argument to prove. The second argument is more teeth: victims can not afford to wait any longer and need the money immediately.
April 12 2023 Update: Many are looking for ways J&J can go through bankruptcy once more. The answer is complex and confusing. However, let’s attempt to explain the issue in a simple way.
Johnson & Johnson asserts that bankruptcy is the only option to deal with both present and future talc-related lawsuits definitively. It thinks it will pay less when there is the bankruptcy element which applies pressure for a settlement. Talc lawsuit overturned. In a quest to cover more than 400 years in American time, the business claims that bankruptcy benefits all parties by distributing settlements more equally and effectively than trial courts, where litigants are awarded significant awards while others receive nothing.
The gist of this 3rd Circuit decision was this isn’t a case that involves an enterprise that is profitable, forming an affiliate to accept the legal liability and declare bankruptcy – Congress thought of when drafting its Bankruptcy Code. But it also said the company was in financial trouble because J&J promised unlimited funding.
This is why J&J did not hesitate to take advantage of the funding unlimited part of the agreement and didn’t make any promises that it would provide unlimited funds for lawsuits. J&J claims that its new financing agreements with its subsidiary address the concerns of the appeals court while offering funds to pay claims. As if providing victims with lower amounts of money would resolve the overall issue.
Lawyers representing cancer patients who oppose the agreement counter the agreement with what is countering legal nonsense legal absurdity: J&J fraudulently transferred $50 billion in assets to LTL Management to circumvent the appeals court’s earlier decision. The hyperbole wasn’t spared attorneys representing the victims claim it the most significant “fraudulent move of assets in United States history.”
Despite the legal jargon, J&J does not really believe that this bankruptcy will last. However, it’s a means to try and push the $8.9 billion settlement, and to keep the pressure on plaintiffs.
April 10, 2023 update: Bloomberg provides an insightful report on a brand new law in New Jersey that is shedding new light on litigation funding in the baby powder plaintiffs in the class action. Funders for litigation Virage Capital Management and TRGP Capital invested in hundreds of lawsuits that were brought against Johnson & Johnson (J&J) over talc products in exchange for a portion of any profits. J&J is now offering that it will pay $8.9 billion to settle any lawsuits.
The involvement of funders is public knowledge because of the New Jersey court rule requiring the release of certain details about outside funding backers. The rule aims to tackle the growing demands for the regulation of lawsuit funders. J&J faces over 60,000 claims when you combine federal and state baby powder lawsuits. Third-party funding for mass tort lawsuits is not without its pros and pros and. However, there is no doubt that we are seeing how third-party funding could level the playing field for individuals and large corporations in court.
April 4, 2023 Update: It is pleasing to see the worm turning in this litigation. J&J suffered another setback this week, when they were denied by the Third Circuit denied J&J’s request to maintain the automatic stay as J&J appeals a bankruptcy ruling in the U.S. Supreme Court. This automatic stay frozen thousands of talcum powder cases and stopped new lawsuits from being filed ever since J&J initiated the controversial effort to spin the talc liability off into a bankrupt subsidiary over one year back. Talc lawsuit overturned. After it was decided that the 3rd Circuit ruled that this bankruptcy was insufficient just a few months ago the stay was lifted. J&J was hoping to have it continued pending 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 likelihood that the Supreme Court is willing even to hear the appeal? Low.
March 16th 2023 Update: with the bankruptcy stay having been officially lifted, the first new cases have been filed and transferred into the class action involving talcum powder MDL within a year. Seven new talc lawsuits were joined to the MDL over the last month and brought the total number of cases pending to 37,522.
February 25, 2023 Update 2023 Update: A Congressmen from Tennessee is now requesting that The U.S. Government Accountability Office (GAO) begin an investigation into how much J&J product containing talc has cost the government in the many years.
In a recent letter to the GAO, Rep. Steven Cohen (D-Ten.) accused J&J of ignoring the risks of its talc products over many years, while tax dollars were used to treat those who were injured through exposure to the products. The suit comes just a few days following J&J’s dramatic loss in the 3rd Circuit Court of Appeals.
Talc lawsuit overturned. J&J needs to start making reasonable settlement proposals for victims in order to put all of this behind it. This is a blemish on one of the world’s greatest firms.
February 14 , 2023 Update: At the hearing held 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 lawsuit overturned. 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!