You May be Entitled to Significant Compensation Latest talc powder lawsuit news. Johnson & Johnson powders were proven to contain asbestos (a cancer causing agent) and the company failed to notify users of the cancer risk. $2 BILLION has already been awarded to claims. Free To File! No Fees Unless A Settlement Is Awarded!
J&J’s proposed settlement for talc would make payments of $440 million US state AGs. Latest Talc Powder Lawsuit News .
Johnson & Johnson (JNJ.N) has put the amount of $400 million for resolving U.S. state consumer protection actions as part of a broader $8.9 billion effort to settle allegations that it’s Baby Powder and other talc product causes cancer. Latest talc powder lawsuit news.
J&J subsidiaries LTL Management filed a bankruptcy plan in New Jersey late on Monday that outlines how the firm intends to pay different types of cancer sufferers in the bankruptcy settlement. Latest talc powder lawsuit news. J&J has declared that its Talc products are safe, and won’t cause cancer. It’s trying for an additional time to conclude more than 38,000 lawsuits brought in bankruptcy, as well as prevent new lawsuits from coming forward in the near future.
LTL’s bankruptcy plans would deposit $400 million to an additional trust to settle claims filed by state attorneys general alleging that J&J was in violation of state unfair business practices as well as consumer protection laws, by deceiving consumers regarding the security of its talc-based products.
Some states had started consumer protection actions against J&J prior to the first bankruptcy filing prevented these investigations from moving forward in 2021. Latest talc powder lawsuit news. New Mexico and Mississippi had already filed lawsuits in the past against Johnson & Johnson before then, and the states of Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative demands or subpoenas, according to LTL’s court papers.
New Mexico and Mississippi have decided to declare LTL’s bankruptcy unfinished as well as cancer patients and those affected by cancer and the U.S. Justice Department’s bankruptcy watchdog. They have argued that a successful company such as J&J cannot benefit from bankruptcy protections intended for the struggling debtors.
LTL’s first attempt at resolving the bankruptcy lawsuits was rejected after the same arguments. The U.S. appeals court decided the LTL did not have “financial distress” and ineligible of bankruptcy protection. Latest talc powder lawsuit news. LTL filed a second bankruptcy within two hours of the decision to dismiss, arguing that the second bankruptcy was different as it was able to borrow less and more support for a settlement.
New Mexico and Mississippi said in their motion for dismissal that LTL’s renewed bankruptcy violates the state’s law enforcement authority by attempting unilaterally to cap the liability of the company in state consumer protection actions.
Latest Talc Powder Lawsuit News
The filings of LTL’s latest bankruptcy proceedings also include more details on how the company would evaluate and pay claims for cancer if the bankruptcy plan is approved.
The maximum amount under the settlement would be $500,000 for patients diagnosed with terminal mesothelioma before the age of 45, and $260,000 for those diagnosed with advanced ovarian cancer before age 45.
From there, the proposed settlement will offer discounts based on the nature and severity of the cancer, the person’s age, history of the use of talc, and other aspects. Latest talc powder lawsuit news. For instance someone who regularly used the talc product on a regular basis, had a family history of ovarian cancer and was diagnosed with Stage II cancer of the ovary at age 55 could be in line for a $21,125 payout under the settlement plan.
Judge decides J&J and talc opponents to take part in settlement talks.
Following another round of hearings in Johnson & Johnson’s effort to implement a Texas Two-Step bankruptcy strategy for talc litigation and federal bankruptcy judge Michael Kaplan has ordered the company as well as those who oppose the move to conduct talks to reach a settlement, Bloomberg reports.
With its second bankruptcy attempt for LTL Management, a subsidiary set up by J&J to manage the claims company offered a settlement of $8.9 billion. Latest talc powder lawsuit news. While one firm representing plaintiffs support the settlement, a different group is opposed to the offer.
In the last week, an opposition group, dubbed”The Official Committee of Talc Claimants requested the bankruptcy court to dismiss this case asserting that LTL is not a factor to be in financial trouble.
“The filing is an incredibly legal and ineffective attempt by a handful of law firms to stop claimants from voting on the resolution plan – a plan that the overwhelming majority of claimants are in favor of,” J&J’s litigation chief Erik Haas, said in a statement. Latest talc powder lawsuit news. “The law firms involved in the filing are pursuing financial interests which are in conflict with, differ from and oppose the interests that their customers. We’ll be submitting a response in the appeals court.”
Latest talc powder lawsuit news. Clay Thompson, a lawyer for MRHFM that includes more than mesothelioma clients who have sued J&J for bankruptcy, told the company’s second bankruptcy try failed.
“J&J sends out press releases that boast about how amazing the plan is but simultaneously insisting that the details of its plan–including the treatment the individual sick individuals would be treated to,” Thompson said in the statement. “What do J&J have to conceal?”
Kaplan has instructed the sides to create a restructuring plan, with the oversight from two mediators.
On February 20, 2022 Kaplan confirmed J&J’s recourse to Chapter 11 to hasten a settlement that would relieve J&J from the tens of thousands of claims related to its talcum-based products.
However, in the month of January, an appeals court of the federal government overturned the decision, ruling that the company could not be considered to be in “financial financial distress.”
After J&J’s make an appeal before the U.S. Supreme Court was dismissed the same month, J&J was granted a second petition for bankruptcy just two hours after. In response, Kaplan froze the lawsuits for 60 days to decide whether to allow the second bankruptcy.
J&J’s unstoppable profit engine goes out of control after $6.9B the talc litigation cost.
With two Chapter 11 attempts, J&J has been able to buy 19 months in which cases have been held. Latest talc powder lawsuit news. The company is requesting that claimants decide whether they want to accept the settlement. J&J requires 75% acceptance in order for the agreement to be accepted.
Alongside the group of talc lawyers who panned the company’s bankruptcy play, the U.S. Trustee, an arm that is part of the U.S. Department of Justice was also the one to file a motion to dismiss LTL’s second bankruptcy.
In a letter filed 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 accessible to those who do not have a legitimate bankruptcy purpose or that seek to use the bankruptcy process to delay or hinder 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 iconic 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 wants to avoid the cost of going to trial. The company has won the majority of cases that have been decided at trial, but certain losses have been punitive.
A well-known trial in Missouri led to an $4.7 billion verdict against the drug company, which was later reduced to $2.1 billion after 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 concluded. In 41 trials 32 have ended in a win by J&J either through a mistrial or verdict of a plaintiff annulled after appeal. Latest talc powder lawsuit news. The company also in 2020 sought to settle around 1000 cases at a cost of $110 million. Bloomberg stated at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Latest Talc Powder Lawsuit News
Our lawyers are handling baby powder cases in all 50 states. The talcum powder lawsuits on behalf of Johnson & Johnson have been ongoing for years. Latest talc powder lawsuit news. The lawsuits claim that the long-term use of talcum powder (or “talc”), the active ingredient in products such as the Baby Powder or Shower to Shower as well as other products, may cause ovarian cancer in some women.
This page offers an J&J talc power litigation update and explains how the forthcoming bankruptcy ruling will affect the final settlement amounts of these ovarian cancer lawsuits.
Did the deadline expire for you to make a claim for talcum powder? Many who believe that the deadline has passed to sue Johnson & Johnson are wrong. Contact us now at 800-553-8082 or request a no-cost and quick case review online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Latest Talc Powder Lawsuit News
June 2 2023 Update: In the asbestos talc case which took place in California yesterday, a few technical issues interrupted the opening statement by the defense attorneys. Latest talc powder lawsuit news. Jurors from home on Zoom and hearing the Johnson and Johnson’s lawyer express skepticism about the 70s science claiming asbestos was present in their product before the trial was abruptly closed.
Meanwhile, the plaintiff was able to introduce the first of their witnesses, Arthur Langer. Langer explained that the occurrence of other minerals with the talc’s mineral content is inevitable. He also testified that his team advised J&J in the year 1971 about the presence of asbestos chrysotile in the company’s talc, albeit with just 0.1 percent. He also found more asbestos in 1976.
June 1st, 2023 Update Latest talc powder lawsuit news. The first trial since J&J made the decision to split its talc division and declare bankruptcy marks an important turning point in the ongoing talc lawsuit story. The trial started yesterday in the tragic trial of a young plaintiff, diagnosed with an aggressive and rare form of mesothelioma in the past year, a diagnosis lawyers on both sides agree is a tragedy of a different kind.
Opening statements laid bare sharp differences in the two sides’ story. The attorney for the plaintiff took aim against 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 the definition of asbestos, despite internal documents from the year 1978 and 1994 indicating that fibers discovered in the plaintiff’s tissue are included.
Johnson & Johnson’s uncertain $8.9 billion settlement proposal hangs in the balance with the course of this trial. Despite the distinct nature of this mesothelioma case and the unique issues it faces compared to other lawsuits involving talcum powder A verdict in favor of the plaintiff could be an unintended setback to Johnson & J’s expectations of widespread acceptance of their proposed settlement among plaintiffs.
May 31st, 2023: Update from Johnson and Johnson’s bankrupted talc unit has is defending its 2nd Chapter 11 filing in the face of challenges from injured talc claimants. In an opposition filed with the New Jersey bankruptcy court, the company argued that the case was distinct from the first filing. It also emphasized the unprecedented commitment to $8.9 billion in settlement from J&J the largest settlement ever made in a mass tort bankruptcy case. Latest talc powder lawsuit news. It was not mentioned how the size of the settlement means it is a fair settlement. J&J also claimed that it received support from various plaintiffs’ law companies representing over 60,000 claimants. This is not easy to confirm but it’s likely to be false.
May 24 2023 Update: Following Johnson & Johnson’s 2021 bankruptcy filing, the very first trial involving the cosmetic talc products it claims to with asbestos content is scheduled to start jury selection on Monday, May 24, California at Alameda County Superior Court, a historically good court for plaintiffs. The plaintiff claims that his mesothelioma resulted from asbestos exposure through J&J’s products, an allegation J&J does not deny. The trial also includes six retailers accused of selling talc-containing products.
May 22nd, 2023 Update: Lawyers involved in the 2nd J&J Talc bankruptcy are currently battling over who should be appointed to the position of future claims representative, an important role essential in resolving the claims involving talc. Latest talc powder lawsuit news. Randi Ellis, a lawyer who is frequently involved in MDLs throughout the country was appointed as the claims representative in the initial bankruptcy. J&J’s defense group wants Ellis to be named to the position and again, but attorneys for the talc plaintiffs are objecting because Ellis has an unrelated conflict of interest which would prohibit her from taking on that role for the second time. The issue stems from the fact that Ellis was believed to have been involved in drafting the hotly litigated second bankruptcy, which raises questions about her capacity to be neutral. However, the reality is that this bankruptcy is likely to be dismissed regardless.
May 17, 2023 Update The pretend company that J&J made up to handle the bankruptcy of talc told the New Jersey bankruptcy court that they have allocated $400 million to pay the claims made by states accusing the company of deceptive advertising for its talc products. Latest talc powder lawsuit news. This amounts to an $8.5 billion settlement for cancer patients. It is hard to imagine a scenario where J&J can push these settlements for babies with these numbers. While J&J’s $8.5 billion offer might seem like a large sum initially, it will not look good when you consider the math. The settlement plan based on our rough calculations would not pay victims much more than an average settlement $100,000 per instance. That’s not enough.
May 15, 2023, Update J&J is potentially facing a lawsuit brought by an advocacy group representing cancer victims. Latest talc powder lawsuit news. The group contends that J&J intentionally withdrew an $61.5 billion contract for funding together with its parent company, LTL Management LLC, in order to create a false sense of financial distress and verify the unit’s Chapter 11 bankruptcy filing. The group claims that this move could be interpreted as a fraudulent transfer of the rights of victims’ compensation. They will investigate J&J’s actions as a result of the dismissal of the LTL’s bankruptcy case in its first instance.
May 10 2023 Update: Next week, this week the U.S. Bankruptcy Court in New Jersey will hear oral arguments regarding a motion to dismiss the second bankruptcy filing that was filed by J&J subsidiary LTL Management. In the meantime, however, it has approved an order requiring both sides to participate in a second settlement mediation to see if a global settlement deal can brokered.
May 5th, 2023 Update: Talc producer Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to numerous lawsuits alleging that its Talc products cause cancer due to asbestos exposure. Latest talc powder lawsuit news. Over 2700 people have sued the company and the company was spending $1 million a month on legal defense. 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 among talc claimants instead of being taken from the receiver. Other talc suppliers have also been forced to file for bankruptcy as a result of the litigation.
May 4, 2023 update: U.S. Bankruptcy Judge Michael Kaplan has directed Johnson & Johnson to resume talks on settlement with lawyers who rebuffed the company’s $8.9 billion settlement offer. In Trenton, New Jersey yesterday the parties appeared before a judge to discuss the next steps to take in another bankruptcy proceeding and Judge Kaplan has pushed for further settlement talks.
This is the answer to resolve these claims for J&J. The baby powder settlement is likely to get done. Latest talc powder lawsuit news. But it will require more money – more billions of dollars from Johnson & Johnson.
Lawyers are divided on whether or not to accept the plan and not every client views the issue the same way their lawyer does. A second bankruptcy proceeding is bound to fail, and Judge Kaplan has set a date for a hearing in June to determine whether to discharge the bankruptcy for the 2nd time.
May 3 2023 Update: A group representing cancer patients who have sued Johnson & Johnson (J&J) demanded that they request that the Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it attempts to block litigation regarding talc-related products. The group of talc claimants made a motion Tuesday, asking that the Third Circuit to consider their case and to send it back before a court of lower jurisdiction, with instructions to dismiss the bankruptcy. Latest talc powder lawsuit news. They also requested that the stopped tort litigation against J&J allow the litigation to continue.
LTL has filed for Chapter 11 protection once again following the bankruptcy filing it made earlier was rejected by the Third Circuit earlier this year with a $8.9 billion deal. The committee believes that the recent ruling, which allows LTL’s 2nd Chapter 11 to continue, and also stopping trials against J&J is a reason for the immediate Third Circuit review. The US Trustee has also requested be the New Jersey bankruptcy court dismiss the LTL bankruptcy case. J&J’s global vice president of litigation Erik Haas, was quoted by Bloomberg declaring that J&J intends to file a response to the appeals court declaring the filing a “desperate and legally deficient plan” by a handful of law firms that have competing financial interests.
May 1st 2023 Update: A common question that people ask is how could plaintiffs and their lawyers be able to turn down $8.9 billion. That’s of course a lot of money. There are a lot of victims. Latest talc powder lawsuit news. These are an excellent claims for plaintiffs. We were reminded recently by two talc-related trials that ended in large verdicts for the plaintiffs. In February the mesothelioma case involving talcum powder trial in Oregon led to a verdict of $18.1 million. A month later, another mesothelioma trial involving talc was held for the court on the other side of South Carolina and resulted in an award of $29 million on behalf of the plaintiff. It was the same defendant as in these cases: Whittaker, Clark & Daniels Inc. One of the top suppliers of talc in the U.S.
April 30 2023 Update: In the year 2023, when J&J initially attempted to pull the litigation over talcum powder into bankruptcy, it came with the option of putting aside $2 billion to settle the case. It was a ridiculously small amount. There was no one among the talc victims who believed in it. This time, 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 and their attorneys. Latest talc powder lawsuit news. However, 75% of plaintiffs of talc are necessary for bankruptcy plan approval, it a tough road with so many lawyers with vast stocks of baby powder-related lawsuits, opposed in favor of the deal.
What are the solutions to the impasse? More billions.
April 25, 2023 update: Talc plaintiffs have asked a judge to dismiss the Chapter 11 case filed by LTL Management LLC, a absurdly-made-up Johnson & Johnson subsidiary, saying the company is not financially troubled. LTL applied for Chapter 11 to settle tens of thousands of claims that J&J’s baby products caused cancer. Latest talc powder lawsuit news. It was the 3rd Circuit dismissed its first Chapter 11 case in January and said that the company was not eligible to receive bankruptcy relief because it failed to show financial trouble.
The claimants argue that LTL’s Second Chapter 11 case is an misuse of the bankruptcy system and it is being pursued in bad good faith. J&J says the bankruptcy settlement has “significant support” from the firms that represent approximately 60,000 claimants. It’s safe to say that plaintiffs’ lawyers and the victims are split over their disagreement over the $8.9 billion offer for settlement.
April 21, 2023 Update: A bankruptcy judge has decided the company Johnson & Johnson must face new lawsuits alleging that the company offered a baby powder with a contaminant that caused cancer. While trials in Talc lawsuits are suspended for a minimum of 60 days but new lawsuits can be filed and lawyers will begin preparing their cases. Latest talc powder lawsuit news. Judges expressed doubt about J&J’s pathetic attempt to relaunch its strategy in a second bankruptcy case.
April 13th 2023 update: the big update is about the $8.9 billion over 25 years settlement offer. Lawyers representing cancer patients involved in MDL class action MDL Class Action have pledged to challenge the settlement talc claimants. Why? They believe it’s not enough to pay for 70 000 cancer patients. Latest talc powder lawsuit news. They argue that J&J could negotiate a greater settlement or settle individual claims in the event that the latest bankruptcy is thrown out.
However, there is a second group of lawyers that is not part of the leadership of this class action. These lawyers have amassed the equivalent of tens of thousands of lawsuits. They want to settle for what many argue is lower than what the victims should be paid. Their argument is twofold. They argue that the settlement of around the equivalent of $100,000 per plaintiff – is fair.
It’s a difficult argument to argue. But their second argument has more teeth: victims can not afford to wait any longer and need the money immediately.
April 12 2023 Update: Some people are looking for ways J&J is able to file for bankruptcy once more. The answer is complicated and confusing. But let’s try to explain it simply.
Johnson & Johnson asserts that bankruptcy is the only method to settle both present and future talc litigations in a definitive manner. It believes it can pay less if there is a bankruptcy element that creates pressure to settle. Latest talc powder lawsuit news. In a quest to cover more than 400 years in American history, the firm asserts that bankruptcy benefits all parties by distributing settlements more fairly and efficiently than trial courts, which are where litigants get significant payouts, while others are left with nothing.
The gist of the 3rd Circuit decision was this is not a case – one that makes a profit, but a subsidiary to take the legal risk and declare bankruptcy – something Congress contemplated when drafting the Bankruptcy Code. However, the court also ruled that the subsidiary was not in financial difficulty due to the fact that J&J promises unlimited funding.
This is why J&J jumped on the unlimited funding aspect of the agreement but did not pledge that it would provide unlimited funds for the litigation. The company claims that its updated financing arrangements with its subsidiary address the appeals court’s concerns, while providing funds for claims. As if providing victims with lesser money could solve the problem at hand.
Attorneys representing cancer victims who oppose the deal counter this argument by saying that it is countering legal nonsense with 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 by the victims’ lawyers, who call it the largest “fraudulent move in United States history.”
In spite of the legal jargon, J&J does not really believe that this bankruptcy will last. But it’s a way to push for this $8.9 billion settlement to keep the pressure on plaintiffs.
April 10 2023, Update Bloomberg offers an informative piece on a law that has been passed within New Jersey that is shedding new light on litigation funding in the class action lawsuit. Funders of litigation Virage Capital Management and TRGP Capital invested in hundreds of lawsuits that were brought against Johnson & Johnson (J&J) regarding talc products, in exchange for a portion of any profits. J&J is now offering the payment of $8.9 billion to settle any lawsuits.
The funders’ involvement is made public due to an New Jersey court rule requiring the release of certain details regarding outside funding backers. This rule is intended to address the rising calls for regulation of the litigation funders. J&J has to deal with more than 60,000 lawsuits when you include federal and state child powder-related lawsuits. Third-party financing in mass tort cases has its pros and cons. However, there is no doubt that we are seeing the ways that third-party funding can even the playing field between people as well as large corporations in the courtroom.
April 4 2023 Update: It’s enjoyable to see the worm turning in this case. J&J suffered another setback this week when they were denied by the Third Circuit denied J&J’s request to extend the automatic stay during the time that J&J appeals an appeal before the U.S. Supreme Court. It has stopped the cases of talcum powder in a number of years and stopped the filing of new lawsuits ever since J&J started the controversial process to spin the talc liabilities off into a bankrupt entity over a year in the past. Latest talc powder lawsuit news. After it was decided that the 3rd Circuit ruled that this bankruptcy was insufficient just a few months ago the stay was revoked. J&J wanted to see it remain in effect until an appeal to the SCOTUS appeal. 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 is that the Supreme Court is willing even to consider the appeal? Low.
March 16 2023 Update: With the bankruptcy stay being fully lifted, the first new cases have been filed and transferred into the Talcum Powder class action MDL in the space of a year. Seven new talc-related lawsuits were joined to the MDL in the past month and brought the total number of cases that are pending to 37,522.
February 25, 2023 Update This morning, a Congressmen from Tennessee is now demanding that the U.S. Government Accountability Office (GAO) initiate an investigation to determine how much J&J product containing talc has cost the government over the decades.
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 ignoring the dangers of its talc products for long while tax dollars spent on treating people who suffered injuries from exposure to the chemicals. The suit comes just a few days following J&J’s dramatic loss in the 3rd Circuit Court of Appeals.
Latest talc powder lawsuit news. J&J should begin to make reasonable settlement offers to victims, in order getting this behind it. It is a stain on one of the greatest companies.
February 14 2023 Update: In the hearing held today in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention following the ruling of 3rd U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.
You May be Entitled to Significant Compensation Latest talc powder lawsuit news. Johnson & Johnson powders were proven to contain asbestos (a cancer causing agent) and the company failed to notify users of the cancer risk. $2 BILLION has already been awarded to claims. Free To File! No Fees Unless A Settlement Is Awarded!