You May be Entitled to Significant Compensation Asbestos free talc in cosmetics. 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 the sum of $400 million US state AGs. Asbestos Free Talc In Cosmetics .
Johnson & Johnson (JNJ.N) has set the amount of $400 million for resolving U.S. state consumer protection actions as part of a broader $8.9 billion deal to settle claims that its Baby Powder and other talc-based items cause cancer. Asbestos free talc in cosmetics.
J&J company subsidiary 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 in the bankruptcy settlement. Asbestos free talc in cosmetics. J&J has claimed that its Talc products are safe, and don’t cause cancer. It is attempting for an additional time to conclude more than 38,000 lawsuits filed in bankruptcy, as well as prevent new lawsuits from coming forward in the future.
LTL’s bankruptcy plans would deposit $400 million into an additional trust to settle claims made from state attorney generals claiming that J&J had violated the state’s unfair commercial practices as well as consumer protection laws, by deceiving consumers about the quality of its talc products.
Many states had initiated consumer protection measures against J&J prior to LTL’s bankruptcy filing stopped those investigations from proceeding in 2021. Asbestos free talc in cosmetics. New Mexico and Mississippi had already initiated suits with Johnson & Johnson before then, and the states of Arizona, Maryland, North Carolina, Texas and Washington had issued subpoenas or civil investigative demands, according to LTL’s court documents.
New Mexico and Mississippi have moved to dismiss LTL’s bankruptcy in a joint move with cancer victims and The U.S. Justice Department’s bankruptcy watchdog. They have claimed that a lucrative company such as J&J is not eligible for bankruptcy protections designed for the struggling debtors.
LTL’s first attempt at resolving the bankruptcy-related lawsuits was dismissed following similar arguments, when a U.S. appellate court decided that LTL did not have “financial difficulty” and therefore not eligible of bankruptcy protection. Asbestos free talc in cosmetics. LTL made a new bankruptcy application within two hours of the dismissal, saying that the second bankruptcy was different in that it was able to borrow less and had more support for a settlement.
New Mexico and Mississippi said in their motion to dismiss LTL’s latest bankruptcy violation of state law enforcement powers in attempting to unilaterally limit LTL’s liability to state consumer protection measures.
Asbestos Free Talc In Cosmetics
LTL’s filings for the new year also contained more information about how the company plans to evaluate and pay claims for cancer should the bankruptcy plan be approved.
The maximum amount under the settlement would be $500,000 to those diagnosed with cancer of the mesothelioma ovary before age 45, and $260,000 for patients diagnosed with ovarian cancer that is terminal prior to age 45.
The proposed settlement provides discounts based on the type and severity of the cancer, the person’s age, previous the use of talc, and other aspects. Asbestos free talc in cosmetics. For instance, a woman who used talc products weekly, had a family history of ovarian cancer and was diagnosed the stage 2 ovarian cancer by age 55 may be eligible for a $21,125 payment under the plan.
Judge ordains J&J and talc opponents take part in settlement talks.
After another round of hearings in Johnson &Johnson’s attempt to use a Texas Two-Step bankruptcy strategy for talc litigation, federal bankruptcy Judge Michael Kaplan has ordered the company and those opposed to the move to conduct negotiations to settle the matter, Bloomberg reports.
With its second bankruptcy bid for LTL Management, a subsidiary set up by J&J to handle the claims company offered a settlement amounting to $8.9 billion. Asbestos free talc in cosmetics. While one firm representing plaintiffs is in favor of the offer, another group is against the settlement.
This week, the opposition group, which is known as”The Official Committee of Talc Claimants requested the bankruptcy court to dismiss this case by argument that LTL is not considered to be financially distressed.
“The filing is a desperate and legally deficient attempt by a few of law firms to try to stop claimants from voting on the resolution, which the vast and growing majority of claimants favor,” J&J’s litigation chief Erik Haas, said in an announcement. Asbestos free talc in cosmetics. “The law firms that are behind the filing are pursuing financial interests which clash with, diverge from and infringe on the rights of their clients. We will be submitting an answer in the appeals court.”
Asbestos free talc in cosmetics. Clay Thompson, a lawyer for MRHFM that has more than 80 patients with mesothelioma who have filed lawsuits against J&J claimed that J&J’s second bankruptcy effort will fail.
“J&J issues press releases about how great its plans are, but is demanding that plan details–including what individual sick people would actually receive,” Thompson said in a statement. “What does the company have to keep secret?”
Kaplan has directed the parties to create a restructuring plan, with the oversight of two mediators.
The court in February of 2022 Kaplan confirmed J&J’s recourse to Chapter 11 to hasten a settlement that would free J&J from the thousands of lawsuits concerning its talcum products.
But in January of this year a federal appeals court overturned the decision, ruling that the firm could not be considered in “financial distress.”
When J&J’s attempt to appeal to the U.S. Supreme Court was denied on April 1, J&J filed for its second bankruptcy roughly two hours after. In response to that move, Kaplan froze the lawsuits for 60 days to decide whether or not to approve to file for bankruptcy again.
J&J’s unstoppable profit engine goes out of control after $6.9B settlement charge for talc.
With 2 Chapter 11 attempts, J&J has bought 19 months during which cases were placed on hold. Asbestos free talc in cosmetics. The company wants claimants to decide whether they want to accept the settlement. J&J will require 75% acceptance in order for the agreement to be accepted.
In addition to the group of talc lawyers who panned the company’s bankruptcy play in the U.S. Trustee, the U.S. Trustee is an arm belonging to the U.S. Department of Justice, also filed an appeal to dismiss LTL’s second bankruptcy case.
In a filing this week, U.S. trustee Andrew R. Vara wrote that the bankruptcy are “open to honest but unfortunate debtors.” The doors “are not open to any parties who do not have a legitimate bankruptcy purpose or that seek to use bankruptcy to delay or hinder their creditors.” Vara continued.
In its own words, J&J maintains there is no definitive evidence to suggest that its Talc products, which includes its iconic baby powder, cause cancer. J&J has been taking the products of the market–first to be available in North America in 2020–and the remainder of the globe later this year.
J&J wants to avoid the cost of going to trial. J&J has won the majority of cases that have been decided in court, however some losses have been very severe.
A high-profile trial in Missouri ended in a $4.7 billion judgment against the drug manufacturer, which 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 cases involving talc, which are in appeal or resolved. Out of 41 trials 32 have ended in winning for J&J as well as mistrials or verdict for a plaintiff that was overturned in appeal. Asbestos free talc in cosmetics. Separately, the company has announced plans to settle more than 1000 cases for $100 million, Bloomberg stated at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Asbestos Free Talc In Cosmetics
Our lawyers handle the baby powder litigation in all 50 states. The talcum powder lawsuits for Johnson & Johnson have been ongoing for years. Asbestos free talc in cosmetics. The lawsuits claim that the long-term use of the powder (or “talc”), the active ingredient found in products such as the Baby Powder or Shower to Shower and Shower to Shower, could cause ovarian cancer among some women.
This page offers the J&J update on the talc power litigation and provides an overview of how the upcoming bankruptcy ruling affects the final settlement amount in the cases of ovarian cancer.
Did the deadline expire for you to make a claim for talcum powder? Many who believe the time limit has expired to sue Johnson & Johnson are wrong. Call us today at 800-553-8082 or get a free and quick review of your case online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Asbestos Free Talc In Cosmetics
June 2 2023 Update: At the asbestos talc case in California yesterday, technical issues halted the opening statement by the defense lawyers. Asbestos free talc in cosmetics. Jurors watching from home via Zoom and hearing the Johnson &Johnson’s lawyer express doubt about the science of the 70s asserting the presence of asbestos in their product, but the trial was abruptly closed.
In the meantime, the plaintiff had the opportunity to introduce an initial witness Arthur Langer. Langer stated that the presence of other minerals with talc is expected. He said that his team advised J&J in the year 1971 about the presence of chrysotile asbestos the talc produced by the company, although with lesser than 0.1 percent. He also found more asbestos in the year 1976.
June 1, 2023 Update: Asbestos free talc in cosmetics. This is the first court trial that has taken place since J&J decided to spin off its talc division, and then declare bankrupt is an important turning point for the ongoing lawsuit saga. Trial began yesterday in the tragic case of a young, 24-year-old plaintiff, diagnosed with an extremely rare and aggressive form of mesothelioma in the past year, which lawyers on both sides of the argument agree is a harrowing tragedy.
The opening statements exposed the huge differences between the sides’ story. The plaintiff’s attorney took aim on Johnson & Johnson, alleging the use of deceitful techniques in its research practices and throughout the litigation process. The attorney claims that, according to Johnson & Johnson tried to alter the definition of asbestos, in spite of internal documents dating from the year 1978 and 1994 indicating that asbestos fibers found in tissue of the plaintiff are included.
Johnson & Johnson’s uncertain $8.9 billion settlement proposal hangs in the balance with the progress of this trial. Despite the distinct nature of this mesothelioma lawsuit and its unique challenges compared to the majority of talcum powder lawsuits ruling in favor of the plaintiff could inflict an enormous setback for J&J’s hope of gaining broad acceptance for their proposed settlement with plaintiffs.
May 31st 2023 Update: Johnson and Johnson’s bankrupt talc business strongly defended it’s two-time Chapter 11 filing in the facing challenges from injured talc claimants. In an opposition filed with the New Jersey bankruptcy court, it argued that the case differed fundamentally from the first filing. It highlighted the extraordinary commitment of $8.9 billion to J&J the largest settlement ever in an bankruptcy case involving mass torts. Asbestos free talc in cosmetics. The issue is not discussed: whether the amount of the settlement implies that it is an equitable settlement. J&J also claimed that it received support from several plaintiffs’ legal firms representing over sixty thousand claimants. It is difficult to confirm but is probably incorrect.
May 24 2023 Update: In the wake of Johnson &J Johnson’s bankruptcy filing, the first trial on its cosmetic talc items allegedly that contain asbestos is scheduled to begin jury selection on Monday in California with Alameda County Superior Court, which is a well-known place for plaintiffs. The plaintiff claims that his mesothelioma was caused by asbestos exposure through J&J’s products which that the company is denying. The trial also involves six retailers who are accused of selling talc-containing products.
May 22, 2023 Update: Lawyers involved in the second J&J talc bankruptcy are disputing who should be appointed to the position of future claims representative, which is vitally critical to resolving talc claims. Asbestos free talc in cosmetics. Randi Ellis, a lawyer who is frequently involved in MDLs throughout the United States, was appointed as the claims representative during the first bankruptcy. J&J’s defense group wants Ellis to be appointed to that role and again, but attorneys for the talc plaintiffs are objecting on the grounds that Ellis has an unrelated conflict of interest which should stop her from taking on that role once more. This conflict is rooted in the possibility that Ellis was apparently involved in drafting the controversially contested second bankruptcy, raising doubts about her ability to be neutral. The reality is this bankruptcy is likely to get dismissed anyway.
May 17, 2023 Update The pretend company that J&J put together for the talc bankruptcy has informed 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 product. Asbestos free talc in cosmetics. So that makes it an $8.5 billion settlement to cancer victims. It’s hard to imagine an eventuality where J&J can get the baby powder settlements at these numbers. While J&J’s proposed $8.5 billion offer might seem like a lot of money initially, it will not look good when you do the math. The proposed settlement based on our estimates – will not pay victims much more than $100,000 per instance. That’s not enough.
May 15 2023 Update J&J could be facing suit from an advocacy group representing cancer victims. Asbestos free talc in cosmetics. The group claims that J&J intentionally withdrew an $61.5 billion contract for funding together with its parent company, LTL Management LLC, to create the appearance of financial hardship and confirm the unit’s Chapter 11 bankruptcy filing. The group argues that this act is a fraud transfer of victims’ compensation rights. They are planning to study J&J’s actions in the wake of the decision to dismiss LTL’s first bankruptcy suit.
May 10 2023 Update: During the next week in it is expected that the U.S. Bankruptcy Court in New Jersey will hear oral arguments regarding a motion to reject the second bankruptcy filing that was filed by J&J subsidiaries LTL Management. However, in the meantime the bankruptcy has issued an order that requires both parties to participate in a settlement mediation in the hope that the global settlement can be been reached.
May 5 2023 Update: The talc supplier Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to numerous lawsuits alleging that its Talc products caused cancer from asbestos exposure. Asbestos free talc in cosmetics. Over 2,700 people have sued the company and the company was paying $1 million per month for legal defense. The company’s most recent $29 million settlement that was handed down in South Carolina forced it to seek bankruptcy protection, arguing for a fair distribution of assets between talc claimants rather than being confiscated from the receiver. Other talc suppliers have also declared bankruptcy because of the litigation.
May 4, 2023 Update U.S. Court of Bankruptcy Michael Kaplan has directed Johnson & Johnson to resume talks on settlement with lawyers who rebuffed the company’s proposed $8.9 billion agreement. The court in Trenton, New Jersey yesterday, the parties gathered in court to discuss next steps to take in another bankruptcy proceeding. Judge Kaplan was pushing for more settlement discussions.
This is the best way to resolve these claims for J&J. A baby powder settlement could get done. Asbestos free talc in cosmetics. But it’ll need more money – more billions of dollars – from Johnson & Johnson.
Lawyers are split on whether or not to agree with the proposal and not all clients see the issue in the same manner their lawyer does. The second bankruptcy case is bound to fail, the judge Kaplan has set a date for a hearing in June to decide whether to remove the bankruptcy after the second.
May 3, 2023 Update: A group of cancer victims who are suing Johnson & Johnson (J&J) asked for they request that the Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it attempts to block litigation over talc products. The group of talc claimants submitted a motion on Tuesday asking that the Third Circuit to consider their appeal and return the case the lower court with instructions for dismissing the bankruptcy. Asbestos free talc in cosmetics. They also asked that the halted tort litigation against J&J should be permitted to proceed.
LTL requested Chapter 11 protection once again after its first bankruptcy filing was denied by the Third Circuit earlier this year and offered the possibility of an $8.9 billion settlement. The committee believes that the recent ruling which allowed LTL’s 2nd Chapter 11 to continue, in addition to halting trials against J&J should be subject to 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 worldwide vice president of litigation, Erik Haas, was quoted by Bloomberg declaring that J&J plans to file a formal response to the appeals court characterizing the filing as a “desperate and legally deficient plan” by a select group of law firms with competing financial interests.
May 1st 2023 Update: One common question that people ask is how could plaintiffs and their lawyers turn on $8.9 billion. Of course, that is an immense amount of money. However, there are lots of victims. Asbestos free talc in cosmetics. And these are really good case for plaintiffs. We were reminded of this recently by two talc-related trials that led to huge verdicts for plaintiffs. In February mesothelioma, a talcum-based powder trial in Oregon ended in a verdict worth $18.1 million. In the same month, a different talc mesothelioma case went to hearing in South Carolina and resulted in a verdict of $29million in favor of plaintiff. It was the same defendant as in these cases: Whittaker, Clark & Daniels Inc. one of the leading producers of talc in the U.S.
April 30 2023 Update: When J&J first attempted to drag the talcum powder litigation into bankruptcy, it came with the option of putting aside $2 billion to settle the case. The sum was ridiculously low. There was no one among the talc victims who believed in it. This time, J&J has increased the offer to $8.9 if the talc plaintiffs accept a bankruptcy settlement and they have the support of a substantial part of the talc-related plaintiffs and their attorneys. Asbestos free talc in cosmetics. However, 75% of plaintiffs of talc are required to approve bankruptcy plans is a difficult road because of the number of lawyers who have huge stocks of baby powder-related lawsuits, opposed to the settlement.
What could solve the impasse? More billions.
April 25, 2023, Update Talc Cancer victims have sought a court order to reject their Chapter 11 case filed by LTL Management LLC, a absurdly made-up Johnson & Johnson subsidiary, declaring that the company isn’t financially distressed. LTL requested Chapter 11 to settle tens of thousands of claims that J&J’s baby powders caused cancer. Asbestos free talc in cosmetics. LTL was denied Chapter 11 in January. 3rd Circuit dismissed its first Chapter 11 case in January, saying the company wasn’t eligible for bankruptcy relief because it did not show financial stress.
The claimants argue that LTL’s third Chapter 11 case is an abuse of the bankruptcy system and that the case is being handled in bad faith. J&J claims the bankruptcy settlement receives “significant support” from firms representing around 60,000 plaintiffs. It’s safe to say that lawyers representing plaintiffs and victims are divided over this $8.9 billion settlement offer.
April 21st, 2023 Update A bankruptcy judge has ruled in favor of Johnson & Johnson must face new lawsuits alleging that it sold a baby powder that contained a chemical that causes cancer. Although trials for the talc lawsuits have been suspended for a minimum period of 60 days but new lawsuits can be filed, and lawyers will begin preparing their cases. Asbestos free talc in cosmetics. Judges expressed doubt about J&J’s attempt to relaunch its strategy in the second bankruptcy case.
April 13th 2023: Update on the most important story is that there’s an $8.9 billion over the course of 25 year period settlement offered. Lawyers representing cancer patients involved in MDL class action MDL collective action vowed to fight the settlement alongside the talc claimants. Why? They believe it’s not enough to pay for 70 000 cancer patients. Asbestos free talc in cosmetics. They argue that J&J should negotiate a bigger settlement or pursue individual claims in the event that the latest bankruptcy is dismissed.
However, there is a second lawyer group that isn’t part of the leadership of this class action. These lawyers have amassed hundreds of thousands of cases. They want to settle in what many believe to be lower than what the victims should be paid. Their argument is two-fold. The first is that they claim the settlement, which is about the equivalent of $100,000 per plaintiff is fair.
It’s a difficult argument to prove. However, their second argument has more teeth: victims can no longer wait and want to get their money right now.
April 12 2023 Update: Many are wondering if J&J could file for bankruptcy once more. The answer is complex and complex. But let’s try to explain it simply.
Johnson & Johnson asserts that bankruptcy is the only way to resolve both current and future lawsuits involving talc conclusively. It believes it can pay less should there be a bankruptcy element that creates pressure to settle. Asbestos free talc in cosmetics. Moving past more than 400 years in American past, the company believes that bankruptcy is beneficial to all parties by distributing settlements more fairly and efficiently than trial courts, where some litigants receive significant settlements while others get nothing.
The essence in the 3rd Circuit decision was this isn’t a case that involves an enterprise that is profitable, forming an affiliate to accept the legal burden and declare bankruptcy, which is what Congress contemplated when drafting the Bankruptcy Code. But it also said the company was in financial distress because J&J promised unlimited funding.
Then J&J jumped on the unlimited funding aspect of the agreement and didn’t promise to provide unlimited funding for lawsuits. The company claims that new financing agreements with its subsidiary address the concerns of the appellate court, while offering funds to pay claims. As if providing victims with less money would solve the problem at hand.
Lawyers representing cancer victims who oppose the deal counter this by arguing that the plaintiff is countering legal nonsense with legal nonsense: J&J fraudulently transferred $50 billion in assets away from LTL Management to circumvent the appeals court’s previous decision. Hyperbole is not exempt attorneys representing the victims claim it the most significant “fraudulent transaction in United States history.”
Notwithstanding the legal mumbo jumbo, J&J does not really believe this bankruptcy will be able to last. But it’s a way of pushing this $8.9 billion settlement and keep pressure on plaintiffs.
April 10 2023, Update Bloomberg offers an informative report on a brand new law within New Jersey that is shedding new light on litigation funding in the baby powder class action lawsuit. Litigation funders Virage Capital Management and TRGP Capital invested in hundreds of claims from Johnson & Johnson (J&J) concerning talc products in exchange for a portion of any wins. J&J is now willing an offer of $8.9 billion to settle all lawsuits.
The involvement of the funders is public knowledge because of the New Jersey court rule requiring the disclosure of certain information regarding outside funding backers. The law is designed to tackle the growing demands for the regulation of litigation funders. J&J is facing more than 60,000 claims when you combine state and federal baby powder lawsuits. Third-party financing in mass tort cases has pros and pros and. There is no doubt that we are seeing the ways that third-party funding can even the playing field for individuals and big companies in court.
April 4 2023 Update: It is interesting to watch the worm turning in this litigation. 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 during the time that J&J appeals an appeal in the U.S. Supreme Court. The automatic stay has stopped the cases of talcum powder in a number of years and stopped the filing of new lawsuits ever since J&J initiated the controversial effort to spin talc-related liabilities off into a bankrupt subsidiary more than a year in the past. Asbestos free talc in cosmetics. When it was decided that the 3rd Circuit ruled that this bankruptcy was not legal just a few months ago the stay was revoked. J&J had hoped to have it continue in the meantime of its SCOTUS appeal. But the answer was no.
April 1, 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 take up the appeal? Low.
March 16th, 2023 Update: with the bankruptcy stay fully lifted, the first new cases have been filed and transferred into the class action for talcum powder MDL within a year. Seven new talc lawsuits have been included in the MDL during the month of March which brings the total number of pending cases up to 37,522.
February 25, 2023 Update This morning, a Congressmen from Tennessee is now requesting that be the U.S. Government Accountability Office (GAO) initiate an investigation into how much J&J Talc products have cost the government in the decades.
A recent email addressed to the GAO, Rep. Steven Cohen (D-Ten.) claimed that J&J of ignoring the dangers of its talc products over many years, while tax dollars were spent on treating people who suffered injuries from exposure to the chemicals. The lawsuit comes just a few weeks following J&J’s dramatic loss in the 3rd Circuit Court of Appeals.
Asbestos free talc in cosmetics. J&J has to begin making reasonable settlement offers to victims to begin to put all of this behind it. This is a blemish on one of the top businesses.
February 14 2023 Update: In a hearing today at the 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 Asbestos free talc in cosmetics. 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!