Talc Lawsuit Update – Are You Eligible To File A Talc Lawsuit?

You May be Entitled to Significant Compensation Talc lawsuit update. 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 would make payments of $440 million US state AGs. Talc Lawsuit Update .

Johnson & Johnson (JNJ.N) has put the amount of $400 million for resolving U.S. state consumer protection actions as part of a broad $8.9 billion settlement of allegations that it’s Baby Powder as well as other talc items cause cancer. Talc lawsuit update.

J&J affiliate LTL Management filed a bankruptcy plan in New Jersey late on Monday that details how the company intends to pay different types of cancer victims in a bankruptcy settlement. Talc lawsuit update. J&J has stated that its products containing talc are safe and don’t cause cancer. It is attempting for the second time to end more than 38,000 lawsuits brought in bankruptcy and prevent new cases from arising in the future.
LTL’s bankruptcy plan would pay $400 million into a separate trust for claims made with state attorneys general alleging that J&J was in violation of states’ unfair practices as well as consumer protection laws by misinforming consumers regarding the quality of its talc products.

Several states had begun consumer protection lawsuits against J&J prior to the first bankruptcy filing prevented these investigations from proceeding in 2021. Talc lawsuit update. New Mexico and Mississippi had already filed lawsuits for damages against 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 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. have argued that a successful company like J&J can’t benefit from bankruptcy protections aimed at people with debt problems.
The first time LTL attempted to settle the bankruptcy-related lawsuits was dismissed following similar arguments. A U.S. appellate court ruled in favor of LTL wasn’t in “financial difficulty” and therefore not eligible for bankruptcy protection. Talc lawsuit update. LTL declared bankruptcy a second time less than two hours after that dismissal, arguing that its second attempt was different in that it had less money available and had a greater chance of securing an agreement.

New Mexico and Mississippi said in their motion to dismiss LTL’s renewed bankruptcy violates state law enforcement powers by trying to unilaterally cap LTL’s liability to state consumer protection actions.

 

Talc Lawsuit Update

LTL’s filings for the new year also contained more information about how the company plans to evaluate and pay cancer claims when the bankruptcy plan is approved.

The largest amount of money under the settlement will be $500,000 to those diagnosed with mesothelioma terminal prior to the age of 45, and $260,000 for those who have been diagnosed with advanced ovarian cancer before age 45.

From there, the proposed settlement offers discounts based on the kind and severity of the cancer, the person’s age, the history of talc use and other factors. Talc lawsuit update. For instance the case of a woman who used daily talc products, had the family history of ovarian cancer and was diagnosed with Stage II cancer of the ovary by age 55 could be in line for a $21,125 payout under the plan.

Judge orders J&J and talc oppositionists to discuss settlement negotiations.

After another round of hearings in Johnson and Johnson’s efforts to use a Texas Two-Step bankruptcy strategy for talc litigation and federal bankruptcy judge Michael Kaplan has ordered the company and those opposed to the plan to enter into settlement talks, Bloomberg reports.

In its second bankruptcy effort 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 update. While one group of law firms representing plaintiffs agree with the deal, another group opposes the deal.

In the last week, an opposition group, known as”the Official Committee of Talc Claimants, urged the bankruptcy court to dismiss the case arguing that LTL can not be considered in financial distress.

“The filing is a desperate and legally deficient attempt by a tiny number of law firms to stop claimants from deciding on the resolution plan – a plan that the overwhelming majority of claimants approve of,” J&J’s litigation chief Erik Haas, said in an announcement. Talc lawsuit update. “The law firms who filed their filing are financially oriented and have conflicts that are in conflict with, differ from and contravene those which their clientele. We’ll soon submit a response an appeal to the appellate court.”

Talc lawsuit update. Clay Thompson, a lawyer for MRHFM that has more than 80 mesothelioma patients who have filed lawsuits against J&J and J&J, has said that the company’s second bankruptcy try failed.

“J&J publishes press release that boast about how amazing its plans are, but is requesting that details of the plan, such as what individuals with illnesses would receive–be kept secret,” Thompson said in a statement. “What do they have to hide?”

 

 

Kaplan has commanded the parties to develop a new strategy for reorganization, under the oversight of two mediators.

On February 20, 2022 Kaplan confirmed J&J’s use of Chapter 11 to hasten a settlement that would relieve the company from the thousands of lawsuits concerning its talcum products.

But in the month of January, an appeals court of the federal government overturned the decision, deciding that the firm could not be considered to be in “financial trouble.”

The J&J’s plan to contest the U.S. Supreme Court was turned down the same month, J&J applied for its first bankruptcy about two hours after. In response to that move, Kaplan froze the lawsuits for 60 calendar days to decide whether to grant an additional bankruptcy.

J&J’s unstoppable profit engine sputters after $6.9B talc litigation charge.

With Two Chapter 11 attempts, J&J has bought 19 months during which cases have been on hold. Talc lawsuit update. The company is requesting that claimants vote on accepting their settlement. J&J would need 75% approval in order for the agreement to be accepted.

Alongside the group of talc attorneys who have panned the company’s bankruptcy in the U.S. Trustee, the U.S. Trustee, a branch of the U.S. Department of Justice is also submitting a motion to dismiss the second bankruptcy case of LTL.

In a statement this week, U.S. trustee Andrew R. Vara wrote that the doors of the bankruptcy court are “open to honest, but naive debtors.” Those doors “are not open to parties that do not have a legitimate goal or who seek to use bankruptcy 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 iconic baby powder, can cause cancer. J&J has been taking the products of the market first for North America in 2020–and the rest of the world next year.

J&J seeks to avoid the expense of going to court. It has prevailed in the majority of the cases that have been resolved in court, however some losses have been harsh.
A highly publicized trial in Missouri produced a $4.7 billion verdict against the drug maker 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 talc trials that are either being appealed or decided. Out of 41 trials 32 have ended in the favor of J&J either through a mistrial or plaintiff verdict that was overturned on appeal. Talc lawsuit update. Additionally, the company in 2020 moved to settle nearly 1000 cases at a cost of the sum of $100 million. Bloomberg announced at that time.

 

Talcum Baby Powder Ovarian Cancer Lawsuit – Talc Lawsuit Update

Our lawyers are handling baby powder cases in every state. The lawsuits involving talcum powder against Johnson & Johnson have been in the process for several years. Talc lawsuit update. The lawsuits contend that the prolonged use of talcum powder (or “talc”), the active ingredient in products like Baby Powder along with Shower to Shower which can cause ovarian cancer among some women.

This page offers the J&J Talc Power Update and discusses how the upcoming bankruptcy ruling impacts the ultimate settlement amount in the ovarian cancer lawsuits.

Is the deadline for you to make a claim for talcum powder? Many who assume the deadline has passed to sue Johnson & Johnson are wrong. Call us at 800-553-882 or get a no-cost, quick review of your case online.

 

Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Talc Lawsuit Update

June 2 2023 Update: At the asbestos talc trial which took place in California yesterday, a couple of technical issues interrupted the opening statement by the defense lawyers. Talc lawsuit update. Jurors who were watching from home on Zoom however, heard Johnson and Johnson’s lawyer express doubt about the science of the 70s asserting the presence of asbestos in their product before the proceedings abruptly ended.

Meanwhile, the plaintiff could present its first expert witness Arthur Langer. Langer explained that the existence of other minerals alongside the talc’s mineral content is inevitable. He also testified that his team advised J&J in the year 1971 about the presence of chrysotile asbestos the talc of the company, but in lesser than 0.1 percent. He also uncovered more asbestos in 1976.

June 1st, 2023 Update Talc lawsuit update. This is the first court trial that has taken place since J&J has decided to separate its Talc section and declaring bankruptcy marks a pivotal moment within the ongoing litigation controversy. Trial began yesterday in the harrowing trial of a young plaintiff who was diagnosed with a rare and aggressive type of mesothelioma earlier this year. which lawyers on both sides believe is a harrowing tragedy.

Opening statements revealed the sharp differences in the two sides’ story. The plaintiff’s attorney took aim at Johnson & Johnson, alleging the use of misleading strategies in its research practices as well as throughout the litigation process. The attorney claims that, according to, Johnson & Johnson tried to alter the definition of asbestos, despite internal documents dating back to between 1978 and 1994 that showed asbestos fibers in the plaintiff’s tissue are included.

Johnson &J’s highly uncertain $8.9 billion settlement is hanging in the balance as we progression of this trial. Despite the particularity of this mesothelioma lawsuit and its unique challenges compared to most talcum powder lawsuits A verdict in favor of the plaintiff could result in the company with a major setback in its hopes of broad acceptance of their proposed settlement among plaintiffs.

May 31st 2023 Update: Johnson & Johnson’s bankrupted talc unit has is defending its two-time Chapter 11 filing in the facing challenges from talc injury claimants. In an opposition filed with the New Jersey bankruptcy court, it argued that the filing was fundamentally different from the first filing. It emphasized the unprecedented commitment to $8.9 billion in settlement from J&J, the largest settlement ever made in any bankruptcy case that involves mass tort. Talc lawsuit update. It was not mentioned how the amount of the settlement signifies that it’s an equitable settlement. J&J also claimed support from numerous plaintiffs’ law firms representing over sixty thousand claimants. This is difficult to verify but likely incorrect.

May 24 2023 Update: In the wake of Johnson and Johnson’s bankruptcy filing in 2021 filing, the very first trial regarding its cosmetic talc products allegedly that contain asbestos is scheduled to start jury selection on Monday in California at Alameda County Superior Court, an historically reliable location for plaintiffs. The plaintiff claims that his mesothelioma was triggered by asbestos exposure through J&J’s products and that the company denies. The trial also involves six retailers who are accused of selling talc-based products.

May 22nd, 2023 Update Lawyers involved in the second J&J Talc bankruptcy are currently disputing who should be appointed to the role of future claims representative. This is a role that is critically important to resolving the claims involving talc. Talc lawsuit update. Randi Ellis, a lawyer who regularly appears in MDLs throughout the United States was appointed the claims representative in the first bankruptcy. J&J’s defense team would like Ellis to be named to the position yet again, but the lawyers for the talc plaintiffs have raised objections to the claim that Ellis has conflicts of interest that should prevent her from assuming that position again. The dispute stems from possibility that Ellis was reportedly involved in the creation of the hotly disputable second bankruptcy, which raises doubts about her ability to be neutral. In reality, the bankruptcy will be dismissed in the end.

May 17th, 2023 Update: The pretend company that J&J made up for the talc litigation bankruptcy told an New Jersey bankruptcy court that they have allocated $400 million to pay the claims of states that accuse J&J of misleading marketing for its talc products. Talc lawsuit update. It’s a $8.5 billion settlement for cancer sufferers. It’s difficult to envision an eventuality where J&J could push these settlements for babies given these numbers. While J&J’s proposed $8.5 billion offer might seem like a lot initially, it does not look good when you consider the math. The settlement plan based on our rough calculations – would not offer victims anything more than a median settlement of $100,000 per case. It’s not enough.

May 15 2023 update: J&J is potentially facing a lawsuit by an advocacy group that represents cancer patients. Talc lawsuit update. The group argues that J&J deliberately retracted the $61.5 billion funding agreement that it had with its company subsidiary LTL Management LLC, to create the appearance of financial hardship and validate the unit’s Chapter 11 bankruptcy filing. The group asserts this action is a fraud transfer of the rights of victims’ compensation. They will investigate J&J’s actions following of the decision to dismiss LTL’s first bankruptcy suit.

May 10, 2023 Update: Next week next week, this week the U.S. Bankruptcy Court in New Jersey will hear oral arguments in a motion dismiss the second bankruptcy filing by J&J subsidiaries LTL Management. In the meantime the bankruptcy has issued an order requiring both sides to take part in a new settlement mediation with the hopes of achieving the global settlement can be brokered.

May 5, 2023 Update: The talc supplier Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to several lawsuits alleging that its talc products cause cancer due to asbestos exposure. Talc lawsuit update. Over 2,700 people have sued the company, and it was spending $1 million a month for legal defense. The company’s latest $29 million verdict that was handed down in South Carolina forced it to file for bankruptcy protection, arguing that assets should be distributed in an equitable manner to talc claimants, rather than being taken by the receiver. Other suppliers of talc have declared bankruptcy because of lawsuits.

May 4, 2023 update: U.S. Court of Bankruptcy Michael Kaplan has directed Johnson & Johnson to restart negotiations with lawyers who turned down the proposed $8.9 billion deal. The court in Trenton, New Jersey yesterday the parties appeared in court to discuss the next steps in their second bankruptcy matter. Judge Kaplan pushed more settlement talks.

This is the way to settle these claims with J&J. The baby powder settlement is likely to be achieved. Talc lawsuit update. But it’ll need additional money – perhaps billions of dollars coming from Johnson & Johnson.

Lawyers are divided on whether or not to accept the plan and not every client sees the situation the same way their lawyer does. Second bankruptcy cases are destined to be a failure and Judge Kaplan has scheduled a hearing in June to decide if he will close the case for the third time.

May 3, 2023 Update The group of cancer victims who are suing Johnson & Johnson (J&J) requested an order from J&J’s Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it is an attempt to derail the litigation involving talc products. The committee representing talc claimants has filed a motion this week asking the Third Circuit to consider their case and to send it back an earlier court, with instructions to dismiss the bankruptcy. Talc lawsuit update. They also asked that lawsuit against the halted torts of J&J be allowed to continue.
LTL has filed for Chapter 11 protection once again after its bankruptcy filing was denied by the Third Circuit earlier this year with an $8.9 billion settlement. The committee argues that the recent ruling which allowed LTL’s 2nd Chapter 11 to continue, as well as halting the trials against J&J should be subject to an 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 saying that J&J intends to file a statement to the appeals court characterizing the filing as a “desperate and legally inadequate plan” by a few of law firms that have different financial interests.
May 1 2023 Update: One question people keep asking is how plaintiffs and their lawyers be able to turn on $8.9 billion. That’s of course an enormous amount of money. However, there are lots of victims. Talc lawsuit update. And these are really good case for plaintiffs. We have been reminded of this recently by two talc-related trials that have resulted in huge verdicts for the plaintiffs. In February mesothelioma, a talcum-based powder trial in Oregon ended in a verdict that was $18.1 million. A month later, another mesothelioma trial involving talc was held for the court at South Carolina and resulted in an award of $29 million to the plaintiff. Both cases were defended by Whittaker, Clark & Daniels Inc. which is one of the top suppliers of talc in the U.S.
April 30th 2023 Update: J&J initially tried to take the talcum powder litigation into bankruptcy, it was met with an offer to reserve $2 billion for settlements. The amount was absurdly low. There was no one among the talc victims who were in favor of the proposal. This time, however, J&J has increased the offer to $8.9 If the talc plaintiffs are willing to accept bankruptcy settlements and they have the backing of a significant section of the talc victims and their lawyers. Talc lawsuit update. But with 75% of plaintiffs who are a talc, which is required to approve bankruptcy plans It’s a long and difficult process due to the sheer number of lawyers with vast inventory of baby powder-related lawsuits, opposed against the proposed settlement.

What is the solution to this impasse? More billions.
April 25, 2023 Update Talc Cancer victims have asked a judge to dismiss the Chapter 11 case filed by LTL Management LLC, a ridiculously made-up Johnson & Johnson subsidiary, declaring that the company isn’t financially strained. LTL has filed for Chapter 11 to settle tens of thousands of claims that J&J’s baby powders cause cancer. Talc lawsuit update. The 3rd Circuit dismissed its first Chapter 11 case in January, saying LTL was not a candidate to receive bankruptcy relief because it had not demonstrated financial stress.

The plaintiffs argue that LTL’s second Chapter 11 case is an abuse of the bankruptcy system and that it is being pursued in bad good faith. J&J asserts that the bankruptcy settlement receives “significant support” from companies representing about 60,000 potential people who are claiming. It is fair to say that the plaintiffs’ attorneys and victims are divided over their disagreement over the $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 firm sold baby powder that was contaminated and causing cancer. Although trials for Talc lawsuits are suspended for a minimum of 60 days, new lawsuits can be filed and lawyers may begin to prepare their cases. Talc lawsuit update. The judge expressed his doubts about J&J’s attempt to revive its strategy by filing a second bankruptcy trial.

April 13th 2023 Update: major announcement is an $8.9 billion over the course of 25 year period settlement offered. Lawyers representing cancer patients within MDL class action MDL Class Action have promised to challenge the settlement those who claim talc. Why? They think it is too little money for the more than 70,000 cancer victims. Talc lawsuit update. These lawyers argue that J&J should negotiate a bigger settlement or settle individual claims in the event that the latest bankruptcy is declared unconstitutional.

But there is another set of lawyers who are not part of the leadership group in group action. They have amassed tens of thousands of cases. The group is seeking to settle the case now for what is believed to be far less than what these victims deserve. Their argument seems to be twofold. First, they argue the settlement – which amounts to 100,000 dollars per plaintiff – is fair.

That is a hard argument to present. But their second argument has more teeth: victims can now not wait and they want to get their money right now.

April 12, 2023 Update: People are wondering if J&J is able to file for bankruptcy once more. The answer is complex and convoluted. Let’s try to simplify the issue in a simple way.
Johnson & Johnson asserts that bankruptcy is the only means to address both present and future lawsuits involving talc conclusively. It believes that it will be less expensive when there is a bankruptcy component that applies pressure to negotiate a settlement. Talc lawsuit update. Driving past more than 400 years in American history, the company claims that bankruptcy benefits all parties by distributing settlements more equally and more efficiently than trial courts where litigants are awarded significant awards while others receive nothing.

The essence of the 3rd Circuit decision was this is not a case of one that makes a profit, but an affiliate to accept the legal responsibility and declare bankruptcy Congress contemplated when drafting the Bankruptcy Code. However, the court also ruled it was not financially distress due to the fact that J&J promises unlimited funding.
This is why J&J jumped on the unlimited funding portion of the contract but did not pledge to fund unlimited the litigation. The company says that its updated financing arrangements with its subsidiary will address appeals court’s concerns, while providing funds for claims. As if providing victims with lower amounts of money would resolve the overall issue.

Attorneys representing cancer patients who do not agree with the agreement counter this argument by saying that it is a defense against legal nonsense by pointing out legal nonsense: J&J fraudulently transferred $50 billion in assets to LTL Management to circumvent the appeals court’s ruling. Hyperbole is not exempt attorneys representing the victims claim it the largest “fraudulent transaction of assets in United States history.”

Notwithstanding the legal mumbo jumbo, J&J does not really think this bankruptcy will survive. It is however a method of pushing this $8.9 billion settlement and keep the pressure on plaintiffs.

April 10 2023 Update: Bloomberg provides an insightful piece on a law that has been passed in New Jersey that is shedding new light on the funding of litigation in the baby powder suit for class actions. Funders for litigation Virage Capital Management and TRGP Capital invested in hundreds of lawsuits from Johnson & Johnson (J&J) over talc products in exchange for a share of any profits. J&J has now offered the payment of $8.9 billion to settle all lawsuits.

The involvement of the funders is made public because of a New Jersey court rule requiring the release of certain details about funders outside the state. This rule is intended to address the growing calls for the regulation of lawsuit funders. J&J has more than 60,000 claims when you include federal and state infant powder litigation. Third-party funding for mass tort lawsuits is not without its pros and pros and. But there is no question that we are seeing the ways that third-party funding can even the playing field for individuals as well as large corporations in court.

April 4, 2023 Update: It is enjoyable to see the worm turning in this case. J&J was hit again this week, when they were denied by the Third Circuit denied J&J’s request to extend the automatic stay while J&J appeals an order granting bankruptcy to the U.S. Supreme Court. It has frozen thousands of talcum powder cases and stopped new lawsuits from arising ever since J&J started the controversial process to spin the talc debts off into a bankrupt subsidiary more than a year back. Talc lawsuit update. After it was decided that the 3rd Circuit ruled that this bankruptcy was insufficient only a few months back, the stay was removed. J&J wanted to see it stayed in place until hearing 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 the Supreme Court is willing even to hear the appeal? Low.
March 16th 2023 Update: with the bankruptcy stay now in effect, the first new cases were filed and incorporated into the talcum powder class action MDL in the space of a year. Seven new talc lawsuits have been added to the MDL in the past month, bringing the total number of cases pending to 37,522.

February 25 2023 Update 2023 Update: A Congressmen from Tennessee is now requesting that be the U.S. Government Accountability Office (GAO) launch an investigation to determine how much J&J product containing talc has cost the government in the years.
in a letter to the GAO, Rep. Steven Cohen (D-Ten.) claimed that J&J of failing to recognize the dangers of its talc products over many years, while tax dollars were used to treat those who were injured through exposure to the chemicals. The suit comes just a few days after J&J’s significant loss in the 3rd Circuit Court of Appeals.

Talc lawsuit update. J&J must begin making reasonable settlement offers to victims to getting this behind. It’s a mark on one of the greatest companies.

February 14 , 2023 Update: At an earlier hearing in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention in light of the 3rd U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.

 

You May be Entitled to Significant Compensation Talc lawsuit update. 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!

 

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