You May be Entitled to Significant Compensation Talc safe. Johnson & Johnson powders were proven to contain asbestos (a cancer causing agent) and the company failed to notify users of the cancer risk. $2 BILLION has already been awarded to claims. Free To File! No Fees Unless A Settlement Is Awarded!
J&J’s proposed settlement for talc would provide $400 million to US state AGs. Talc Safe .
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 deal to settle allegations that it’s Baby Powder and other talc-based items cause cancer. Talc safe.
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 victims as part of the bankruptcy settlement. Talc safe. J&J has declared that its Talc products are safe, and will not cause cancer. It is attempting for the second time to end more than 38,000 cases 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 filed from state attorney generals claiming that J&J had violated states’ unfair practices and consumer protection laws, by deceiving consumers regarding the quality of its talc products.
Some states had started consumer protection actions against J&J prior to the time that LTL’s bankruptcy filing prevented those investigations from taking place in 2021. Talc safe. New Mexico and Mississippi had already filed suits in the past against Johnson & Johnson before then, and the states of Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative requests or subpoenas in LTL’s court papers.
New Mexico and Mississippi have taken steps to halt the bankruptcy of LTL, joining cancer victims as well as their counterparts from the U.S. Justice Department’s bankruptcy watchdog. have claimed that a lucrative firm like J&J does not qualify for bankruptcy protections designed for struggling debtors.
The company’s initial attempt to resolve the bankruptcy lawsuits was dismissed after similar arguments. A U.S. appeals court determined that LTL wasn’t in “financial distress” and was not eligible for bankruptcy protection. Talc safe. LTL declared bankruptcy a second time in just two hours following the dismissal, arguing its second attempt was different in that there was less money available and had a greater chance of securing the settlement.
New Mexico and Mississippi said in their motion for dismissal that LTL’s new bankruptcy violates state law enforcement powers in attempting to unilaterally limit the liability of the company for state consumer protection actions.
Talc Safe
LTL’s recent filings also provided more information about how the company would assess and settle cancer claims if the bankruptcy plan is approved.
The highest payments under the settlement will be $500,000 for those diagnosed with terminal mesothelioma before age 45, and $260,000 for patients diagnosed with cancer of the ovary prior to age 45.
From there, the proposed settlement offers discounts based on the kind and severity of cancer, an individual’s age, the history of the use of talc, and other aspects. Talc safe. For instance, a woman who used talc products weekly, had a family history of ovarian cancer and was diagnosed with stage II ovarian cancer when she was 55 could be in line for a $21,125 payment under the settlement plan.
Judge ordains J&J and talc opponents discuss settlement negotiations.
Following another round of hearings in Johnson and Johnson’s efforts to use a Texas Two-Step bankruptcy strategy to resolve talc litigation and federal bankruptcy judge Michael Kaplan has ordered the firm and the people who opposed the plan to hold talks to reach a settlement, Bloomberg reports.
In its second bankruptcy effort for LTL Management, a subsidiary set up by J&J to handle the claims company offered a settlement of $8.9 billion. Talc safe. While a firm representing plaintiffs support the settlement, a different group opposes the move.
This week, the opposition group, called”The Official Committee of Talc Claimants requested the bankruptcy court to dismiss this case by asserting that LTL can not be considered financially distressed.
“The filing is a desperate and legally deficient attempt by a small number of law firms to block claimants from voting on the resolution plan–a plan the vast majority of claimants support,” J&J’s litigation chief Erik Haas, said in a statement. Talc safe. “The law firms behind the filing are pursuing financial interests which do not align with, differ from and are in opposition to the interests which their clientele. We’ll soon submit an answer in the appeals court.”
Talc safe. Clay Thompson, a lawyer for MRHFM, which includes more than mesothelioma patients who have filed lawsuits against J&J and J&J, has said that J&J’s second bankruptcy attempt will fail.
“J&J sends out press releases about how great its plan is while simultaneously insisting that the plan’s details, including what the individual sick individuals would be treated to,” Thompson said in an announcement. “What do they have to hide?”
Kaplan has instructed the sides to devise a second reorganization plan, under the oversight by two mediators.
The court in February of 2022 Kaplan acknowledged J&J’s use of Chapter 11 to hasten a settlement that would release the company from the tens of thousands of claims related to its talcum-based products.
But in January of this year an appeals court in the United States overturned the decision, ruling that the company could not be considered to be in “financial difficulty.”
The J&J’s plan to contest the U.S. Supreme Court was denied the same month, J&J declared bankruptcy just two hours later. In response to that move, Kaplan froze the lawsuits for 60 calendar days to decide whether or not to accept to file for bankruptcy again.
J&J’s unstoppable profit engine sputters after $6.9B cost of litigation involving talc.
With the 2 Chapter 11 attempts, J&J has purchased 19 months of which cases were put suspended. Talc safe. The company is requesting that claimants vote on accepting their settlement. J&J would need 75% of the vote in order for the agreement to be accepted.
In addition to the gang of talc attorneys who have panned the company’s bankruptcy as well, the U.S. Trustee which is a division of the U.S. Department of Justice was also the one to file a motion to dismiss LTL’s second bankruptcy.
In a statement this week, U.S. trustee Andrew R. Vara wrote that the doors of the bankruptcy court remain “open to honest, but naive debtors.” Those doors “are not available to anyone that don’t have a legitimate bankruptcy objective or seek to use the bankruptcy process to hinder or delay their creditors.” Vara continued.
For its part, J&J maintains there is no definitive evidence to suggest that its products containing talc, such as its popular baby powder can cause cancer. J&J has been taking the products of the market–first 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. It has won the majority of the cases that were decided during trial, however, certain losses have been extremely harsh.
A highly-publicized trial in Missouri produced a $4.7 billion judgment against the drug manufacturer and was later lowered 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 cases involving talc, which are appealing or decided. Of the 41 trials, 32 of them ended in the favor of J&J or a mistrial, or verdict for a plaintiff that was dismissed after appeal. Talc safe. The company also in 2020 sought to settle around 1,000 cases for the sum of $100 million. Bloomberg announced at that time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Talc Safe
Our lawyers are handling baby powder cases in every state. The talcum powder lawsuits in the case of Johnson & Johnson have been ongoing for years. Talc safe. The lawsuits contend that the prolonged use of talcum powder (or “talc”), the active ingredient found in products such as Shower to Shower Powder and Shower to Shower as well as other products, may cause cancer of the ovary in certain women.
This page offers the J&J update on the talc power litigation and explains how the forthcoming bankruptcy ruling will impact the final settlement amount of the Ovarian Cancer lawsuits.
Have you reached the deadline by which you to start a lawsuit against talcum powder? Many people who think the statute of limitations has passed to file a lawsuit against Johnson & Johnson are wrong. Call us now at 800-553-2082 or get a free and quick case review online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Talc Safe
June 2 2023 Update: In an asbestos talc court trial held which took place in California yesterday, a few technical glitches interrupted the opening statements of the defense attorneys. Talc safe. Jurors who were watching from home via Zoom however, heard Johnson & Johnson’s lawyer voice his skepticism about the 70s science that claimed asbestos was present in their product, but the opening was abruptly ended.
Meanwhile, the plaintiff had the opportunity to introduce their first witness, Arthur Langer. Langer explained that the occurrence of other minerals alongside talc is inevitable. He testified that his team informed J&J in the year 1971 of the presence of asbestos chrysotile in the talc of the company, but in less than 0.1 percent. The asbestos was discovered by him in 1976.
June 1, 2023 Update: Talc safe. This is the first court trial that has taken place since J&J has decided to separate its Talc division and declare bankruptcy marks an important turning point within the ongoing litigation drama. Trial began yesterday in the tragic case of a young 24-year-old plaintiff who was diagnosed with a rare and aggressive form of mesothelioma earlier this year. a diagnosis lawyers on both sides acknowledge is a tragedy of a different kind.
Opening statements revealed stark differences in each side’s story. The attorney for the plaintiff took aim towards Johnson & Johnson, alleging the use of deceitful tactics in research practices and throughout the litigation procedure. According to the attorney, Johnson & Johnson attempted to alter asbestos’ definition, despite internal documents dating back to 1998 and 1994 that show asbestos fibers found in tissues of the plaintiff are part of.
Johnson &J’s tangled $8.9 billion settlement deal hangs in the balance with the progress of this trial. Despite the distinct nature of this mesothelioma lawsuit and its unique challenges compared to other talcum powder lawsuits ruling in favor of the plaintiff could cause an unintended setback to Johnson & J’s hopes for broad acceptance of their settlement proposal among plaintiffs.
May 31st, 2023: Update from Johnson & Johnson’s bankrupted talc unit has was able to defend the 2nd Chapter 11 filing in the in the face of challenges from injured talc claimants. In an appeal to the New Jersey bankruptcy court, J&J’s subsidiary claimed that the case differed fundamentally from the previous filing. The subsidiary emphasized the record-breaking commitment of $8.9 billion from J&J which is the biggest settlement ever to be made in any bankruptcy case that involves mass tort. Talc safe. The issue is not discussed: whether the size of the settlement means it is an equitable settlement. J&J also claimed that it received support from various plaintiffs’ law firms representing over the 60,000 plaintiffs. This is not easy to confirm but likely incorrect.
May 24, 2023 Update: Since Johnson & Johnson’s 2021 bankruptcy filing, the first trial concerning its cosmetic talc products that are believed to containing asbestos is set to start jury selection on Monday in California in Alameda County Superior Court, the most favored location for plaintiffs. The plaintiff claims that his mesothelioma was caused by asbestos exposure in J&J’s product which the company is denying. The trial also includes six retailers who are accused of selling talc-based products.
May 22, 2023 Update: Lawyers involved in the 2nd J&J talc bankruptcy are now battling over who should be appointed to the position of future claims representative, an important role essential to the resolution of the talc claims. Talc safe. Randi Ellis, a lawyer who regularly appears 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 this position and again, but attorneys for the talc plaintiffs are objecting because Ellis has conflicts of interest that would prevent her from being appointed to that post in the future. The conflict stems from the issue that Ellis was involved in drafting the hotly disputable second bankruptcy, which raises doubts about her capacity to be neutral. In reality, the bankruptcy will be dismissed in the end.
May 17, 2023 Update The pretend company that J&J put together for the talc bankruptcy told a New Jersey bankruptcy court that they have allocated $400 million to settle allegations made by states who accuse the company of deceitful advertising for its talc products. Talc safe. That’s an $8.5 billion settlement for cancer patients. It’s hard to imagine an eventuality where J&J can push the settlements of baby powder through given these numbers. While J&J’s $8.5 billion offer may seem like a lot initially, it will not appear appealing when you look at the numbers. This settlement proposal – by our rough calculations would not provide victims with much more than $100,000 per case. This isn’t enough.
May 15, 2023 Update: J&J might be facing lawsuit brought by an advocacy group that represents cancer patients. Talc safe. The group contends that J&J intentionally canceled an $61.5 billion funding agreement that it had with its company subsidiary LTL Management LLC, to simulate financial distress and verify the unit’s Chapter 11 bankruptcy filing. The group asserts this action is equivalent to a fraudulent transfer of victims’ compensation rights. They intend to investigate J&J’s actions following of the dismissal of the first bankruptcy case of LTL.
May 10, 2023 Update: Next week, this week the U.S. Bankruptcy Court in New Jersey will hear oral arguments on a motion to dismiss the second bankruptcy petition filed from J&J subsidiary LTL Management. In the meantime, this bankruptcy court has issued an order which requires both sides to participate in a settlement mediation in the hope that the global settlement can be come to fruition.
May 5th, 2023 Update: The talc provider Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to several lawsuits alleging that its talc products cause cancer due to asbestos exposure. Talc safe. Over 2700 people have sued the firm and it is spending $1 million a month to defend its legal position. The company’s latest $29 million settlement at the Supreme Court of South Carolina forced it to apply for bankruptcy protection and argue for a fair distribution of assets between the claimants of talc instead of being confiscated through the receiver. Other talc suppliers have also filed for bankruptcy due to the litigation.
May 4, 2023, Update U.S. bankruptcy judge Michael Kaplan has directed Johnson & Johnson to restart negotiations with lawyers who have rejected Johnson & Johnson’s $8.9 billion settlement offer. It was in Trenton, New Jersey yesterday the parties appeared before a judge to discuss the next steps for the second bankruptcy case. Judge Kaplan was pushing for more settlement discussions.
This is the solution to resolve the claims of J&J. The baby powder settlement is likely to be achieved. Talc safe. However, it’ll require more money – billions of dollars coming from Johnson & Johnson.
Lawyers are split on whether or not to agree with the proposal and not all clients view the issue the same way their lawyer sees it. A second bankruptcy proceeding is likely to go nowhere the judge Kaplan has scheduled a hearing for June to determine whether to dismiss the bankruptcy for the second time.
May 3, 2023 Update: A group of cancer patients who have sued Johnson & Johnson (J&J) requested for J&J’s Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it is an attempt to derail litigation regarding talc-related products. The group representing the claimants filed a motion on Tuesday, asking that the Third Circuit to consider their case and to send it back the lower court with instructions to discharge the bankruptcy. Talc safe. They also asked that the stoppage of tort litigation against J&J should be permitted to continue.
LTL filed for Chapter 11 protection once again following its bankruptcy filing that was rejected by the Third Circuit earlier this year, offering a $8.9 billion deal. The committee argues that the recent decision allowing LTL’s second Chapter 11 to continue, in addition to halting trials against J&J, warrants urgent Third Circuit review. The US Trustee also asked that it be requested that the 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 intends to file a statement in the appeals court saying that the filing is an “desperate and legally insufficient attempt” by a handful of law firms who have conflicts of financial interests.
May 1st, 2023 Update: One common question that people ask is how could plaintiffs and their lawyers be able to turn down $8.9 billion. Of course, it’s an enormous amount of money. There are a lot of victims. Talc safe. They are a great cases for plaintiffs. We were reminded recently in two talc trials which led to huge verdicts for plaintiffs. In February mesothelioma cases, a talcum powder trial in Oregon led to a verdict in the amount of $18.1 million. A month later, another mesothelioma talc case was brought to trials on the other side of South Carolina and resulted in the verdict of $29 million to the plaintiff. It was the same defendant as in these cases: Whittaker, Clark & Daniels Inc. which is one of the largest producers of talc in the U.S.
April 30th 2023 Update: J&J first tried to bring the litigation over talcum powder into bankruptcy, it came with an offer to put aside $2 billion for settlements. It was a ridiculously small amount. None of the talc plaintiffs agreed with the offer. However, this time, J&J has increased the offer to $8.9 in the event that the talc victims are willing to accept bankruptcy settlements and also has the support of a large section of the talc victims and their lawyers. Talc safe. However, 75% of talc plaintiffs, which is required for bankruptcy plan approval It’s a long and difficult process with so many lawyers with huge inventory of baby powder-related lawsuits, opposed to the settlement.
What can be done to end the impasse? More billions.
April 25 2023 update: Talc plaintiffs have demanded a judge reject their Chapter 11 case filed by LTL Management LLC, a absurdly fabricated Johnson & Johnson subsidiary, declaring that the company isn’t financially troubled. LTL requested Chapter 11 to settle tens of thousands of claims that J&J’s baby-powders caused cancer. Talc safe. In the end, however, 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 was unable to demonstrate financial distress.
The claimants contend that LTL’s 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 backing” from the firms that represent around 60,000 people who are claiming. It’s safe to say that lawyers representing plaintiffs and the victims are split over the $8.9 billion deal.
April 21, 2023 Update: A bankruptcy judge decided the company Johnson & Johnson must face new lawsuits claiming that the company sold tainted baby powder causing cancer. While trials in Talc lawsuits are suspended for at least 60 days and new lawsuits are able to be filed and lawyers will begin preparing their cases. Talc safe. The judge expressed his doubts about J&J’s ridiculous effort to revive its plan with the second bankruptcy case.
April 13th 2023 update: the major update is about the $8.9 billion over 25 years of settlement. Lawyers representing cancer patients involved in the MDL Class Action have pledged to fight the settlement along with the talc claimants. Why? They believe it’s too little money for the 70,000 victims who have cancer. Talc safe. These lawyers believe that J&J should negotiate a bigger settlement or even litigate individual claims in the event that the latest bankruptcy is dismissed.
There is a different lawyer group that isn’t part of the leadership in that class action. These lawyers have amassed the equivalent of tens of thousands of lawsuits. They want to settle today for what is believed to be less than these victims deserve. The argument they make is two-fold. First, they argue the settlement, which is about the equivalent of $100,000 per plaintiff is fair.
It’s a difficult argument to present. The second argument is more substance: the victims will be no longer patient and demand their money now.
April 12 2023 Update: Some people are seeking out how J&J is able to file for bankruptcy once more. The answer is complex and convoluted. But let’s try to explain the issue in a simple way.
Johnson & Johnson asserts that bankruptcy is the only option to address both present and future talc lawsuits conclusively. That is, it believes it can pay less when there is a bankruptcy element that creates pressure to settle. Talc safe. Going back to more than 400 years in American time, the business argues that bankruptcy benefits all parties by distributing settlements more fairly and more efficiently than trial courts where litigants are awarded significant award while others do not.
The basic tenet of the 3rd Circuit decision was this is not a case – a profitable company making subsidiaries to meet the legal liability and declare bankruptcy – Congress had in mind when it came to drafting the Bankruptcy Code. But it also said that the subsidiary was not in financial trouble because J&J assured it of unlimited funding.
Then J&J jumped on the unlimited funding aspect of the agreement but did not pledge to offer unlimited funding for lawsuits. J&J claims that its modified financing arrangements with its subsidiary will address concerns of the appellate court, while offering claim payment funds. In the hope that offering victims lower amounts of money would resolve the overarching problem.
Lawyers representing cancer patients who oppose the deal counter this argument by saying that it is the legal argument. Talc safe. They counter with legal nonsense: J&J fraudulently transferred $50 billion of assets from LTL Management to circumvent the appeals court’s earlier decision. Hyperbole did not go unnoticed the lawyers representing victims call it the biggest “fraudulent transaction ever in United States history.”
In spite of the legal jargon, J&J does not really believe this bankruptcy will be able to last. But it is a way of pushing this $8.9 billion settlement and keep the pressure on plaintiffs.
April 10 2023 Update Bloomberg provides an insightful report on a brand new law that has been passed 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 against Johnson & Johnson (J&J) concerning talc products in exchange for a portion of any profits. J&J is now willing the payment of $8.9 billion to settle all lawsuits.
The involvement of funders 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 tackle the growing demands for regulation of the litigation funders. J&J faces over 60,000 claims when you include state and federal child powder-related lawsuits. Third-party funding in mass tort claims has both pros and pros and. There is no doubt that we are witnessing how third-party funding could level the playing field between individual and big companies in the courtroom.
April 4 2023 Update: It’s fun to watch the worm turning in this legal battle. J&J has taken another blow this week when an appeals court in the Third Circuit denied J&J’s request to continue the automatic stay while J&J appeals an appeal at the U.S. Supreme Court. Automatic stays have frozen the cases of talcum powder in a number of years and stopped new lawsuits from being filed ever since J&J initiated the controversial effort to spin talc-related liabilities off into a bankrupt entity over one year ago. Talc safe. When the 3rd Circuit ruled that this bankruptcy was not legal some months ago, the stay was removed. J&J was hoping to have 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 take up the appeal? Low.
March 16 2023 Update: With the bankruptcy stay being officially lifted, the first new cases have been filed and transferred into the class action involving talcum powder MDL in the space of a year. Seven new talc cases were added to the MDL over the last month, bringing the total number of pending cases up to 37,522.
February 25, 2023 Update The following information is available: A Congressmen from Tennessee has now demanded that The U.S. Government Accountability Office (GAO) begin an investigation into how much J&J talc products have cost the government in the years.
Recently, in an open letter addressed to the GAO, Rep. Steven Cohen (D-Ten.) in a recent letter to the GAO, Rep. Steven Cohen (D-Ten. J&J of failing to recognize the dangers of its talc product for long while tax dollars spent on treating people who suffered injuries from exposure to the chemicals. The suit comes just a few days after J&J’s major loss in the 3rd Circuit Court of Appeals.
Talc safe. J&J has to begin making reasonable settlement offers to victims to begin the process of putting all this behind it. It’s a mark on one of the top businesses.
February 14 2023 Update: During an appearance today in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention to follow the 3rd U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.
You May be Entitled to Significant Compensation Talc safe. 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!
>>> Talc Safe