You May be Entitled to Significant Compensation Houston talcum powder lawyer. 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 pay $440 million US state AGs. Houston Talcum Powder Lawyer .
Johnson & Johnson (JNJ.N) has put the amount of $400 million for resolving U.S. state consumer protection actions as part of its broader $8.9 billion deal to settle allegations that it’s Baby Powder and other talc-based ingredients cause cancer. Houston talcum powder lawyer.
J&J company subsidiary LTL Management filed a bankruptcy plan in New Jersey late on Monday that outlines how the firm plans to pay different kinds of cancer patients in the bankruptcy settlement. Houston talcum powder lawyer. J&J has claimed that its products containing talc are safe and will not cause cancer. It is attempting for a second time to resolve more than 38,000 lawsuits brought in bankruptcy and prevent new cases from coming forward in the future.
LTL’s bankruptcy plan would pay $400 million into an additional trust to settle lawsuits filed from state attorney generals alleging that J&J was in violation of state unfair business practices as well as consumer protection laws by misinforming consumers regarding the dangers of its talc products.
Many states had initiated consumer protection cases against J&J before LTL’s first bankruptcy filing stopped those investigations from moving forward in 2021. Houston talcum powder lawyer. New Mexico and Mississippi had already filed suit for damages against Johnson & Johnson before then and the states of Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative demands or subpoenas in LTL’s court documents.
New Mexico and Mississippi have moved to dismiss LTL’s bankruptcy, joining cancer victims and their counterparts from the U.S. Justice Department’s bankruptcy watchdog. have argued that a profitable firm like J&J can’t benefit from bankruptcy protections meant for the struggling debtors.
The first attempt by LTL to resolve the bankruptcy cases was rejected after the same arguments, when a U.S. appellate court determined in favor of LTL wasn’t in “financial trouble” and was not eligible for bankruptcy protection. Houston talcum powder lawyer. LTL filed a second bankruptcy in just two hours following the decision to dismiss, arguing that the second bankruptcy was different in that it had less money available and more support for a settlement.
New Mexico and Mississippi said in their motion to dismiss LTL’s renewed bankruptcy violates state law enforcement powers by attempting unilaterally to cap LTL’s liability to state consumer protection laws.
Houston Talcum Powder Lawyer
The filings of LTL’s latest bankruptcy proceedings also include more information about the way in which the company will evaluate and settle cancer claims in the event that the bankruptcy plan is approved.
The largest amount of money under the settlement will be $500,000 for patients diagnosed with terminal mesothelioma before the age of 45, and $260,000 for those diagnosed with cancer of the ovary before age 45.
From there, the proposed settlement applies discounts depending on the severity and type of cancer, the patient’s age, previous talc use and other factors. Houston talcum powder lawyer. For instance someone who regularly used the talc product on a regular basis, had an ancestral history of ovarian cancer and was diagnosed an ovarian cancer stage II by age 55 may be eligible for a $21,125 payout under the program.
Judge gives order to J&J and talc oppositionists to discuss settlement negotiations.
Following another hearing in Johnson and Johnson’s efforts to employ a Texas Two Step bankruptcy strategy to resolve talc litigation, federal bankruptcy Judge Michael Kaplan has ordered the firm and the people who opposed the plan to enter into talks to reach a settlement, Bloomberg reports.
The second time it attempted to file for bankruptcy for LTL Management, a subsidiary created by J&J to handle the claims company offered a settlement of $8.9 billion. Houston talcum powder lawyer. While one group of law firms representing plaintiffs agree with the proposal, another group is against the settlement.
Earlier this week, the opposition group, dubbed”the Official Committee of Talc Claimants, urged the bankruptcy court to disqualify the petition by argument that LTL is not a factor financially distressed.
“The filing is an unjust and legally flawed attempt by a handful of law firms to block claimants from voting on the resolution plan – a plan that the vast majority of claimants favor,” J&J’s litigation chief Erik Haas, said in an announcement. Houston talcum powder lawyer. “The law firms behind these filings have interests in finance that do not align with, diverge from, and are in opposition to the interests that their customers. We’ll soon submit a response to the appellate court.”
Houston talcum powder lawyer. Clay Thompson, a lawyer for MRHFM, which is home to more than patients with mesothelioma who have filed lawsuits against J&J, said that J&J’s second bankruptcy attempt will fail.
“J&J publishes press release describing how fantastic the plan is but simultaneously insisting that the details of its plan–including the treatment individuals with illnesses would receive,” Thompson said in an announcement. “What is J&J’s plan to hide?”
Kaplan has instructed the sides to develop a new strategy for reorganization, under the oversight of two mediators.
The court in February of 2022 Kaplan affirmed the ability of J&J’s use of Chapter 11 to hasten a settlement that would free J&J from the tens of thousands of claims regarding its talcum products.
But in January of this year a federal appeals court overturned the decision, deciding that the company could not be considered to be in “financial trouble.”
When J&J’s attempt to challenge the U.S. Supreme Court was dismissed the same month, J&J applied for its first bankruptcy two hours after. In response, Kaplan froze the lawsuits for 60 days, allowing the company to decide whether or not to accept an additional bankruptcy.
J&J’s unstoppable profit engine sputters after $6.9B the talc litigation cost.
In the two Chapter 11 attempts, J&J has gotten 19 months of which the cases were held. Houston talcum powder lawyer. J&J wants the claimants to accept their settlement. J&J requires 75% of the vote for the settlement to be approved.
In addition to the team of talc lawyers who criticised the company’s bankruptcy play in the U.S. Trustee, the U.S. Trustee, a branch from the U.S. Department of Justice is also submitting motions to dismiss LTL’s second bankruptcy case.
In a recent filing, U.S. Trustee Andrew R. Vara wrote that the bankruptcy courts are “open to honest but unfortunate debtors.” The doors “are not open to any parties that don’t have a legitimate bankruptcy purpose or that 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, including the famous baby powder, can cause cancer. J&J has taken the products of the market, first on North America in 2020–and the rest of the world later this year.
J&J seeks to avoid the expense of going to trial. It has prevailed in the majority of the cases that were decided through trial, though some losses have been harsh.
A well-known trial in Missouri ended in an $4.7 billion verdict against the drug maker but was later reduced 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 talc trials that are either appealing or resolved. Out of 41 trials, 32 of them ended in an outcome for J&J as well as mistrials or verdict of a plaintiff reversed in appeal. Houston talcum powder lawyer. Separately, the company in 2020 sought to settle nearly 1,000 cases worth $110 million. Bloomberg stated at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Houston Talcum Powder Lawyer
Our lawyers handle baby powder cases in every state. The lawsuits involving talcum powder for Johnson & Johnson have been in the process for several years. Houston talcum powder lawyer. The lawsuits assert that long-term use of talcum powder (or “talc”), the active ingredient in products such as baby Powder or Shower to Shower, can cause cancer of the ovary in certain women.
This article provides the J&J update on the talc power litigation and examines how the coming bankruptcy ruling will impact the final settlement amounts of the ovarian cancer lawsuits.
Have you reached the deadline by which you to file a talcum powder lawsuit? Many people who think the deadline has passed to sue Johnson & Johnson are wrong. Call us today at 800-553-8082 or request a no-cost and quick case review online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Houston Talcum Powder Lawyer
June 2 2023 Update: In the asbestos talc trial in California yesterday, a few technical issues halted the opening statements of the defense attorneys. Houston talcum powder lawyer. The jurors, attending from their homes via Zoom but did not hear Johnson & Johnson’s lawyer voice his skepticism about the 70s science that claimed asbestos was present in their product prior to the session abruptly ended.
Meanwhile, the plaintiff was able to present its first expert witness Arthur Langer. Langer explained that the existence of other minerals in the talc’s mineral content is inevitable. He claimed that his group informed J&J in 1971 about the presence of asbestos chrysotile in the talc produced by the company, although in lesser than 0.1 percent. He also discovered more asbestos in 1976.
June 1, 2023 Update: Houston talcum powder lawyer. A trial for the first time since J&J took the decision to disband its talc division, and then declare bankrupt is an important moment in the ongoing talc litigation story. Trial began yesterday in the harrowing case of a young 24-year-old plaintiff, diagnosed with an aggressive and rare form of mesothelioma in the past year, an illness that lawyers on both sides of the argument agree is a harrowing tragedy.
Opening statements revealed the stark differences in each side’s narrative. The attorney representing the plaintiff took aim at Johnson & Johnson, alleging the use of misleading techniques in its research practices and throughout the litigation procedure. The attorney claims that, according to, the company tried to manipulate the definition of asbestos despite internal documents from 1978 and 1994 showing that asbestos fibers found in plaintiff’s tissue are included.
Johnson & Johnson’s precarious $8.9 billion settlement deal hangs in the balance as we development of the trial. Despite the distinctive nature of this mesothelioma case and its distinctive issues in comparison to the majority of talcum powder lawsuits, a verdict favoring the plaintiff could result in an unintended setback to Johnson & J’s expectations of widespread acceptance of their settlement proposal among plaintiffs.
May 31 2023: Update from Johnson & Johnson’s bankrupted talc unit has vigorously defended it’s 2nd Chapter 11 filing in the face of challenges from victims of talc injuries. In an objection submitted to the New Jersey bankruptcy court, J&J’s subsidiary claimed that the filing was fundamentally different from the earlier filing. It also emphasized the unprecedented commitment of $8.9 billion from J&J, the largest settlement ever made in an bankruptcy case involving mass torts. Houston talcum powder lawyer. It was not mentioned how the amount of the settlement implies that it is an equitable settlement. J&J also claimed that it received support from a variety of plaintiffs’ law companies representing over sixty thousand claimants. This is not easy to confirm but likely incorrect.
May 24, 2023 Update: Since Johnson & Johnson’s 2021 bankruptcy filing, the very first trial concerning its cosmetic talc products allegedly comprised of asbestos is set to commence jury selection on Monday in California within the Alameda County Superior Court, the most favored place for plaintiffs. The plaintiff claims his mesothelioma resulted from asbestos exposure resulting from J&J’s products which that the company does not deny. The trial also involves six retailers who are accused of selling talc-based products.
May 22nd, 2023 Update Lawyers in the 2nd J&J Talc bankruptcy are currently fighting over who should be appointed to the position of future claims representative. This is the role is crucially important to resolving the Talc claims. Houston talcum powder lawyer. Randi Ellis, a lawyer who frequently appears in MDLs all over the nation was appointed as the claims representative in the first bankruptcy. J&J’s defense team wants Ellis to be named to the position in the future, however lawyers representing the plaintiffs in talc are arguing due to the fact that Ellis has an interest conflict which would prohibit her from taking on that role once more. This conflict is rooted in the fact that Ellis was apparently involved in drafting the controversially disputable second bankruptcy, which raises questions regarding her capacity to remain neutral. However, the reality is that this bankruptcy will likely to be dismissed in the end.
May 17th, 2023 Update: The fake company J&J put together to handle the bankruptcy of talc has informed the New Jersey bankruptcy court that they have set aside $400 million to settle the claims made by states accusing the company of deceptive advertising for its talc-based products. Houston talcum powder lawyer. It’s a $8.5 billion settlement for cancer sufferers. It’s hard to imagine the scenario in which J&J could push the baby powder settlements in these figures. While J&J’s $8.5 billion offer may seem like a large sum at first, it does not look very appealing when you look at the numbers. The proposed settlement based on our rough calculations, would not pay victims much more than $100,000 per case. It’s not enough.
May 15, 2023 Update J&J is potentially facing a lawsuit from an advocacy group representing cancer victims. Houston talcum powder lawyer. The group claims that J&J intentionally withdrew the $61.5 billion contract for funding in conjunction with its affiliate, LTL Management LLC, to simulate financial distress and confirm the unit’s Chapter 11 bankruptcy filing. The group claims that this move amounts 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: The following week in the U.S. Bankruptcy Court in New Jersey will hear oral arguments in a motion reject the second bankruptcy filing of J&J company LTL Management. In the meantime, this bankruptcy court has issued an Order calling for both parties to take part in a second settlement mediation in the hope that it will be possible to reach a global settlement agreement brokered.
May 5, 2023 Update: Talc provider Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to numerous lawsuits alleging its talc products caused cancer from asbestos exposure. Houston talcum powder lawyer. Over 2,700 individuals have sued the firm, and it was spending $1 million a month for legal defense. The company’s most recent $29 million verdict that was handed down in South Carolina forced it to pursue bankruptcy protection, and arguing for an equitable distribution of assets between talc claimants rather than being seized in the hands of the receiver. Other suppliers of talc have been forced to file for bankruptcy as a result of litigation.
May 4 2023 update: U.S. The bankruptcy Judge Michael Kaplan has directed Johnson & Johnson to reopen talks on settlement with lawyers who have rejected the company’s $8.9 billion settlement offer. At Trenton, New Jersey yesterday the parties appeared before a judge to discuss next steps to take in the second bankruptcy case and Judge Kaplan was pushing for more settlement discussions.
This is the solution to settle these claims with J&J. A settlement for baby powder can be completed. Houston talcum powder lawyer. But it will require additional money – perhaps billions of dollars from Johnson & Johnson.
Lawyers are split on whether to take the proposal or not and not every client views the situation the same way their attorney does. This second case of bankruptcy is expected to fail, as Judge Kaplan has scheduled a hearing for June to determine if she will remove the bankruptcy after the second.
May 3, 2023 Update The group of cancer patients suing Johnson & Johnson (J&J) demanded to have 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 group representing claimants for talc made a motion Tuesday, asking that the Third Circuit to consider their case and to send it back to a lower court, with instructions for dismissing the bankruptcy. Houston talcum powder lawyer. They also asked that stoppage of tort litigation against J&J be allowed to continue.
LTL has filed for Chapter 11 protection once again after its first bankruptcy filing was denied in the Third Circuit earlier this year with a $8.9 billion agreement. The committee believes that the recent ruling, which allows LTL’s 2nd Chapter 11 to continue, and also stopping trials against J&J, warrants an immediate Third Circuit review. The US Trustee has also requested an New Jersey bankruptcy court dismiss the LTL bankruptcy case. J&J’s vice president for global litigation Erik Haas, was quoted by Bloomberg saying that J&J intends to file a response to the appeals court saying that the filing is a “desperate and legally deficient plan” by a small number of law firms that have competing financial interests.
May 1st 2023 Update: A most frequently asked question is how could plaintiffs and their lawyers be able to turn on $8.9 billion. Of course, that’s quite a sum. But there are a lot of victims. Houston talcum powder lawyer. And these are really good claims for plaintiffs. We have been reminded of this recently in two talc trials which resulted in big verdicts for the plaintiffs. In February mesothelioma cases, a talcum powder trial in Oregon led to an award that was $18.1 million. The following month, a second talc mesothelioma case went to the court on the other side of South Carolina and resulted in the verdict of $29 million for the plaintiff. The defendant in both cases was Whittaker, Clark & Daniels Inc. One of the most prominent suppliers of talc in the U.S.
April 30 2023 Update: When J&J initially attempted to pull the litigation over talcum powder into bankruptcy, it came with the option of putting aside $2 billion for settlements. This was an absurdly low amount. All of the talc plaintiffs supported the offer. This time, J&J has increased the offer to $8.9 in the event that the talc victims will allow a bankruptcy settlement and they also have the support of a substantial segment of the talc plaintiffs and their lawyers. Houston talcum powder lawyer. But with 75% of plaintiffs in the talc category, which is needed for approval of the bankruptcy plan is a difficult road because of the number of lawyers who have vast inventories of baby powder-related lawsuits, opposed against the proposed settlement.
What can be done to end the impasse? More billions.
April 25, 2023 Update: Talc cancer claimants have sought a court order to dismiss the Chapter 11 case filed by LTL Management LLC, a absurdly made-up Johnson & Johnson subsidiary, saying the company is not financially distressed. LTL applied for Chapter 11 to settle tens of thousands of claims that J&J’s baby products caused cancer. Houston talcum powder lawyer. LTL was denied Chapter 11 in January. 3rd Circuit dismissed its first Chapter 11 case in January and said that the company was not eligible for bankruptcy relief because it failed to show financial distress.
The claimants argue 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 claims the bankruptcy settlement is backed by “significant backing” from companies representing around 60,000 people who are claiming. It’s safe to say that plaintiffs’ lawyers and victims are divided over what they believe is an $8.9 billion amount of settlement offered.
April 21st, 2023 Update: A bankruptcy judge ruled in favor of Johnson & Johnson must face new lawsuits alleging that the company sold tainted baby powder causing cancer. Although trials for Talc lawsuits are suspended for a minimum period of 60 days and new lawsuits are able to be filed, and lawyers will begin preparing their cases. Houston talcum powder lawyer. Judges expressed skepticism about J&J’s pathetic attempt to revive its strategy by filing another bankruptcy case.
April 13 2023 Update: major announcement is an $8.9 billion over the course of 25 years offer for settlement. Lawyers representing cancer patients in the MDL group action pledged to fight the settlement with talc claimants. Why? They believe it’s too little money for the more than 70,000 cancer victims. Houston talcum powder lawyer. They argue that J&J should negotiate a larger settlement or even litigate individuals’ claims if the current bankruptcy is thrown out.
But there is another group of lawyers outside of the leadership group in group action. The lawyers collectively have accumulated tens of thousands of cases. This group wants to settle the case now for what is believed to be less than the victims deserve. The argument they make is twofold. They argue that the settlement – about the equivalent of $100,000 per plaintiff is fair.
That is a hard argument to argue. But their second argument has more teeth: victims can now not wait and they want their money now.
April 12 2023 Update: Some people are looking for ways J&J can file for bankruptcy once more. The answer is complicated and convoluted. Let’s try to clarify the issue in a simple way.
Johnson & Johnson asserts that bankruptcy is the only means to address both present and future talc litigations in a definitive manner. It thinks it can get a lower rate if there is a bankruptcy element that creates pressure for a settlement. Houston talcum powder lawyer. Moving past more than 400 years in American past, the company argues that bankruptcy benefits all parties by distributing settlement payments more equitably and effectively than trial courts which are where litigants get significant award while others do not.
The gist of this 3rd Circuit decision was this is not a case of a profitable company making subsidiaries to meet the legal responsibility and declare bankruptcy – something Congress had in mind when it came to drafting the Bankruptcy Code. But it also said that the entity was financially trouble due to the fact that J&J promises unlimited funding.
This is why J&J jumped on the unlimited funding aspect of the agreement and didn’t make any promises that it would provide unlimited funds for litigation. The company claims that its new financing agreements with its subsidiary address appeals court’s concerns, while supplying funds for claim payments. As if offering victims lesser money could solve the overall issue.
Lawyers representing cancer victims who oppose the deal counter this by arguing that the plaintiff is countering legal nonsense with legal absurdity: J&J fraudulently transferred $50 billion of assets from LTL Management to circumvent the appeals court’s earlier decision. Hyperbole is not exempt the lawyers representing victims call it the largest “fraudulent transaction in United States history.”
In spite of the legal jargon, J&J does not really believe that this bankruptcy will last. But it is a way of trying to push this $8.9 billion settlement through and maintain pressure on plaintiffs.
April 10 2023 Update: Bloomberg has an interesting article about a new law within New Jersey that is shedding new light on the funding of litigation in the plaintiffs in the class action. Funders of litigation Virage Capital Management and TRGP Capital invested in hundreds of lawsuits against Johnson & Johnson (J&J) on behalf of talc products. They exchanged in exchange for a portion of profits. J&J has now offered the payment of $8.9 billion to settle lawsuits.
The involvement of funders is publicly available due to an New Jersey court rule requiring the disclosure of certain information about funders outside the state. The law is designed to address the rising calls for regulation of litigation funders. J&J has to deal with more than 60,000 lawsuits when you include federal and state infant powder litigation. Third-party financing in mass tort cases has its pros and pros and. But there is no question 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’s interesting to watch the worm turn in this case. J&J suffered another setback this week when it was found that the Third Circuit denied J&J’s request to keep the automatic stay in place in the meantime that J&J appeals an appeal before the U.S. Supreme Court. It has froze the cases of talcum powder in a number of years and stopped the filing of new lawsuits ever since J&J launched the controversial attempt to spin the talc liability into a bankrupt company over a year back. Houston talcum powder lawyer. When the 3rd Circuit ruled that this bankruptcy was not valid a few months ago, the stay was removed. J&J had hoped to have it remain in effect until hearing the SCOTUS appeal. But 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 accept the appeal? Low.
March 16th, 2023 Update: with the bankruptcy stay 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 lawsuits were included in the MDL in the past month and brought the total number of cases pending to 37,522.
February 25, 2023 Update: A Congressmen from Tennessee is now requesting that be the U.S. Government Accountability Office (GAO) begin an investigation into the amount J&J products containing talc have cost the government in the years.
Recently, in an open letter addressed to the GAO, Rep. Steven Cohen (D-Ten.) claimed that J&J of ignoring the dangers of its talc product for decades while tax dollars were spent treating those injured by exposure to the product. The suit comes just a few days after J&J’s major loss in the 3rd Circuit Court of Appeals.
Houston talcum powder lawyer. J&J should begin to make reasonable settlement proposals to victims to in putting this behind. It’s a mark on one of the top companies.
February 14 2023 Update: During 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 Houston talcum powder lawyer. 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!