You May be Entitled to Significant Compensation Does cosmetic talc contain asbestos. Johnson & Johnson powders were proven to contain asbestos (a cancer causing agent) and the company failed to notify users of the cancer risk. $2 BILLION has already been awarded to claims. Free To File! No Fees Unless A Settlement Is Awarded!
J&J’s proposed talc settlement would pay $440 million US state AGs. Does Cosmetic Talc Contain Asbestos .
Johnson & Johnson (JNJ.N) has put the amount of $400 million for resolving U.S. state consumer protection actions as part of a broad $8.9 billion settlement of allegations that its Baby Powder as well as other talc items cause cancer. Does cosmetic talc contain asbestos.
J&J subsidiary LTL Management filed a bankruptcy plan in New Jersey late on Monday which outlines how the company intends to pay for different types of cancer patients in a bankruptcy settlement. Does cosmetic talc contain asbestos. J&J has claimed that its talc products are safe and do not cause cancer. It is attempting for another time to settle more than 38,000 cases in bankruptcy, and to prevent any new cases from being filed in the future.
LTL’s bankruptcy plans would deposit $400 million into an additional trust to settle claims made with state attorneys general claiming that J&J had violated laws against unfair business practices in the State of New York as well as consumer protection laws by misinforming consumers about the safety of its talc products.
A number of states had already initiated consumer protection measures against J&J prior to LTL’s bankruptcy filing stopped these investigations from progressing in 2021. Does cosmetic talc contain asbestos. New Mexico and Mississippi had already launched suit in the past against Johnson & Johnson before then and states like Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative subpoenas or demands, according to LTL’s court documents.
New Mexico and Mississippi have decided to declare LTL’s bankruptcy unfinished as well as cancer patients and The U.S. Justice Department’s bankruptcy watchdog. argue that a profit-making company like J&J does not qualify for bankruptcy protections designed for struggling debtors.
The first time LTL attempted to settle the bankruptcy-related lawsuits was thrown out after similar arguments. The U.S. appellate court determined it was not LTL wasn’t in “financial difficulty” and therefore not eligible under bankruptcy law. Does cosmetic talc contain asbestos. LTL filed a second bankruptcy less than two hours after the decision to dismiss, arguing that its second attempt was different in that it was able to borrow less and more support for an agreement.
New Mexico and Mississippi said in their motion to dismiss LTL’s new bankruptcy violates the law enforcement powers of the state by seeking to unilaterally limit LTL’s liability to state consumer protection laws.
Does Cosmetic Talc Contain Asbestos
LTL’s new filings also included more information on the way in which the company will evaluate and pay for cancer claims if the bankruptcy plan is approved.
The maximum amount under the settlement will be $500,000 to those diagnosed with terminal mesothelioma before age 45 and $260,000 for those who have been diagnosed with cancer of the ovary prior to age 45.
From there, the proposed settlement applies discounts depending on the severity and type of cancer, an individual’s age, previous talc use and other factors. Does cosmetic talc contain asbestos. For example someone who regularly used talc products on a weekly basis, who had the family history of ovarian cancer and was diagnosed with stage II ovarian cancer by age 55 may be eligible to receive a payout of $21,125 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 attempt to utilize a Texas Two-Step bankruptcy strategy for talc litigation, federal bankruptcy Judge Michael Kaplan has ordered the company and those opposed to the plan to enter into talks to reach a settlement, Bloomberg reports.
With its second bankruptcy bid for LTL Management, a subsidiary created by J&J to handle the claims company offered a settlement of $8.9 billion. Does cosmetic talc contain asbestos. While one firm representing plaintiffs supports the offer, another group opposes the deal.
Earlier this week, the opposition group, known as”the Official Committee of Talc Claimants, urged the bankruptcy court for dismissal of the matter arguing that LTL can not be considered in financial hardship.
“The filing is an unjust and legally flawed attempt by a handful of law firms to try to stop claimants from deciding on the resolution plan – a plan the vast majority of claimants approve of,” J&J’s litigation chief Erik Haas, said in a statement. Does cosmetic talc contain asbestos. “The law firms involved in the filing are pursuing financial interests which are in conflict with, diverge from and oppose the interests which their clientele. We’ll submit a response in the appeals court.”
Does cosmetic talc contain asbestos. Clay Thompson, a lawyer for MRHFM which has more than 80 mesothelioma patients who have filed lawsuits against J&J and J&J, has said that J&J’s second bankruptcy attempt failed.
“J&J sends out press releases describing how fantastic the plan is but simultaneously requesting that details of the plan, such as what each sick person will be treated to,” Thompson said in a statement. “What is J&J’s plan to keep secret?”
Kaplan has commanded the parties to devise a second reorganization plan, under the supervision by two mediators.
On February 20, 2022 Kaplan affirmed the ability of J&J’s recourse to Chapter 11 to hasten a settlement that would release the company from the hundreds of thousands of claims related to its talcum-based products.
In the month of January, an appeals court in the United States overturned the verdict, ruling that the firm could not be considered in “financial financial distress.”
In the event that J&J’s request to challenge the U.S. Supreme Court was dismissed at the end of April J&J declared bankruptcy roughly two hours later. In response to that move, Kaplan froze the lawsuits for 60 days to decide whether or not to approve an additional bankruptcy.
J&J’s unstoppable profit engine sputters after $6.9B cost of litigation involving talc.
With 2 Chapter 11 attempts, J&J has gotten 19 months of which cases were put in limbo. Does cosmetic talc contain asbestos. The company is requesting that claimants accept their settlement. J&J requires 75% acceptance for the settlement to be approved.
In addition to the group of talc lawyers that criticized the company’s bankruptcy play as well, the U.S. Trustee, an arm from the U.S. Department of Justice has also filed motions to dismiss LTL’s bankruptcy second case.
In a recent filing, U.S. trustee Andrew R. Vara wrote that the doors of the bankruptcy court are “open to honest, but naive debtors.” These doors “are not available to anyone that do not have a legitimate reason or want to take advantage of the bankruptcy process to delay or hinder their creditors.” Vara continued.
On the other hand, J&J maintains there is no definitive evidence to suggest that its Talc-based products, such as its iconic baby powder, cause cancer. J&J has taken its products off of the market, first for North America in 2020–and the rest of the world this year.
J&J intends to steer clear of the cost of going to court. It has prevailed in the majority of the cases that were decided in court, however some losses have been harsh.
A well-known trial in Missouri resulted in a $4.7 billion verdict against the drug company, 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 trial involving talc that are appealing or settled. Out of 41 trials, 32 of them ended in an outcome for J&J as well as mistrials or plaintiff verdicts that were reversed upon appeal. Does cosmetic talc contain asbestos. Additionally, the company in 2020 sought to settle more than 1,000 cases worth the sum of $100 million. Bloomberg published at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Does Cosmetic Talc Contain Asbestos
Our lawyers are handling baby powder cases in every state. The talcum powder lawsuits for Johnson & Johnson have been ongoing for years. Does cosmetic talc contain asbestos. The lawsuits claim that the long-term use of talcum powder (or “talc”), the active ingredient in products like the Baby Powder or Shower to Shower as well as other products, may cause cancer of the ovary in certain women.
This article provides the J&J update on the talc power litigation and discusses how the upcoming bankruptcy ruling will affect the final settlement amounts in these cases of ovarian cancer.
Has the deadline passed for you to file a talcum powder lawsuit? Many who believe that the deadline has passed to file a lawsuit against 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 – Does Cosmetic Talc Contain Asbestos
June 2, 2023 Update: During an asbestos talc court trial held that took place in California yesterday, a few technical issues halted the opening statements of the defense lawyers. Does cosmetic talc contain asbestos. Jurors who were watching from home via Zoom, did hear Johnson &Johnson’s lawyer express doubt about the 70s research that claimed asbestos was present in their product, but the opening was abruptly ended.
The plaintiff was able to introduce an initial witness Arthur Langer. Langer stated that the presence of other minerals in the talc’s mineral content is inevitable. He claimed that his group had notified J&J in the year 1971 of the presence of asbestos chrysotile in the company’s talc, albeit at lower than 0.1 percent. The asbestos was discovered by him in 1976.
June 1st, 2023 Update: Does cosmetic talc contain asbestos. First trial after J&J decided to spin off its talc division and declare bankruptcy is a pivotal moment in the ongoing talc litigation saga. The trial started yesterday in the harrowing case of a young, 24-year-old plaintiff who was diagnosed with an aggressive and rare form of mesothelioma last year. an illness that lawyers on both sides believe is a harrowing tragedy.
Opening statements revealed the huge differences between the sides’ story. The attorney for the plaintiff took aim on Johnson & Johnson, alleging the use of misleading tactics in research practices and throughout the litigation process. According to the attorney, Johnson & Johnson tried to alter the definition of asbestos, despite internal documents from the year 1978 and 1994 indicating that asbestos fibers found in tissue of the plaintiff are included.
Johnson & Johnson’s precarious $8.9 billion settlement offer hangs in the balance as we progress of this trial. Despite the distinct nature of this mesothelioma-related case and its distinct issues compared to other talcum powder lawsuits and a decision in favor of the plaintiff could be an unintended setback to Johnson & J’s expectations of widespread acceptance of their settlement proposal among plaintiffs.
May 31st 2023: Update from Johnson & Johnson’s bankrupt talc business was able to defend its second Chapter 11 filing in the in the face of challenges from the talc injury plaintiffs. In a written objection to the New Jersey bankruptcy court, the company argued that the case was fundamentally different from the first filing. It highlighted the extraordinary commitment of $8.9 billion to J&J the biggest settlement ever to be made in the history of a mass tort bankruptcy. Does cosmetic talc contain asbestos. Not mentioned: how the size of the settlement implies that it is an equitable settlement. J&J also claimed that it received support from various plaintiffs’ law firms representing more than 600,00 claimants. This is difficult to verify but it’s likely to be false.
May 24 2023 Update: As of Johnson & Johnson’s 2021 bankruptcy filing, the very first trial regarding the cosmetic talc products it claims to that contain asbestos is scheduled to commence jury selection on Monday, May 24, California with Alameda County Superior Court, the most favored place for plaintiffs. The plaintiff asserts that his mesothelioma was triggered by asbestos exposure from J&J’s products which J&J does not deny. The trial also includes six retailers accused of selling talc products.
May 22nd, 2023 Update Lawyers involved in the second J&J Talc bankruptcy are currently battling over who should be chosen to fill the position of the claims representative in the future, the role is crucially critical to resolving claims involving talc. Does cosmetic talc contain asbestos. Randi Ellis, a lawyer who regularly appears in MDLs across the country was appointed the claims representative in the previous bankruptcy. J&J’s defense team would like Ellis to be appointed to that role and again, but attorneys for the talc plaintiffs are objecting to the claim that Ellis has conflicts of interest which should stop her from being appointed to that post for the second time. The dispute stems from fact that Ellis was believed to have been involved in drafting the hotly contested second bankruptcy, which raises concerns regarding her capacity to remain neutral. However, the reality is that this bankruptcy could get dismissed anyway.
May 17, 2023 Update The pretend company that J&J put together for the talc litigation bankruptcy has informed an New Jersey bankruptcy court that they have allocated $400 million to settle claims of states that accuse the company of deceptive advertising regarding its talc products. Does cosmetic talc contain asbestos. That’s an $8.5 billion settlement to cancer victims. It’s difficult to imagine the scenario in which J&J can push these baby powder settlements through given these numbers. Although J&J’s $8.5 billion offer might seem like a large sum initially, it may not look great when you do the math. This settlement proposal – by our rough calculations – would not be able to pay victims more than $100,000 per instance. It’s not enough.
May 15, 2023, Update J&J is potentially facing a lawsuit by an advocacy group that represents cancer patients. Does cosmetic talc contain asbestos. The group contends 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 verify the unit’s Chapter 11 bankruptcy filing. The group argues that this act is a fraud transfer of the right to compensation for victims. They plan to explore J&J’s actions in the wake of the dismissal of LTL’s first bankruptcy case.
May 10, 2023 Update: Next week, it is expected that the U.S. Bankruptcy Court in New Jersey will hear oral arguments in a motion dismiss the second bankruptcy petition filed by J&J LTL Management, J&J’s subsidiary. LTL Management. However, in the meantime it has approved an Order requiring both sides to participate in a settlement mediation to see if it will be possible to reach a global settlement agreement reached.
May 5, 2023 Update: The talc provider Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to numerous lawsuits alleging that its Talc products cause cancer due to asbestos exposure. Does cosmetic talc contain asbestos. Over 2,700 individuals have sued the company and it is spending $1 million a month for legal defense. The company’s recent $29million verdict in South Carolina forced it to file for bankruptcy protection, arguing for equitable distribution of assets to talc claimants, rather than being taken over in the hands of the receiver. Other talc suppliers have also declared bankruptcy because of litigation.
May 4, 2023 update: U.S. Court of Bankruptcy Michael Kaplan has directed Johnson & Johnson to reopen settlement discussions with lawyers who have rejected the company’s proposed $8.9 billion agreement. At Trenton, New Jersey yesterday, the parties gathered in court to discuss the next steps to take in this second case of bankruptcy and Judge Kaplan has pushed for further settlement talks.
This is the best way to settle these claims with J&J. The baby powder settlement is likely to be achieved. Does cosmetic talc contain asbestos. But it will require more money – more billions of dollars – from Johnson & Johnson.
Lawyers are split on whether or not to accept the plan and not all clients see the situation the same way their lawyer does. Second bankruptcy cases are bound to be a failure and Judge Kaplan has scheduled a hearing in June to determine whether to dismiss the bankruptcy for the second time.
May 3, 2023 Update: A group representing cancer victims suing Johnson & Johnson (J&J) demanded that J&J’s Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it is a bid to stop litigation over talc products. The group of talc claimants made a motion Tuesday requesting for the Third Circuit to consider their case and to send it back before a court of lower jurisdiction, with instructions to dismiss the bankruptcy. Does cosmetic talc contain asbestos. The committee also requested that the stopped tort litigation against J&J allow the litigation to proceed.
LTL filed for Chapter 11 protection once again following its bankruptcy filing that was rejected in the Third Circuit earlier this year which offered a $8.9 billion payment. The committee says that the recent ruling, which allows LTL’s third Chapter 11 to continue, as well as halting the trials against J&J, warrants urgent Third Circuit review. The US Trustee also 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 saying that J&J intends to file a formal response in the appeals court, calling the request an “desperate and legally insufficient effort” by a few of law firms that have conflicting financial interests.
May 1st 2023 Update: A question people keep asking is how the plaintiffs’ lawyers and their clients turn around $8.9 billion. That’s of course an enormous amount of money. But there are a lot of victims. Does cosmetic talc contain asbestos. And these are really good case for plaintiffs. We were reminded recently when two talc cases have resulted in huge verdicts for the plaintiffs. In February mesothelioma, a talcum-based powder trial in Oregon led to the verdict that was $18.1 million. The following month, a second mesothelioma trial involving talc was held for the court on the other side of South Carolina and resulted in the verdict of $29 million on behalf of the plaintiff. In both instances, the defendant was Whittaker, Clark & Daniels Inc. which is one of the largest suppliers of talc in the U.S.
April 30th, 2023 Update: When J&J initially tried to take the litigation over talcum powder into bankruptcy, it came with an offer to set aside $2 billion for settlements. The sum was ridiculously low. All of the talc plaintiffs were in favor of it. However, this time, J&J has increased the offer to $8.9 If the talc plaintiffs are willing to accept bankruptcy settlements and they have the support of a large segment of the talc plaintiffs and their attorneys. Does cosmetic talc contain asbestos. But 75% of the talc plaintiffs, which is needed for approval of the bankruptcy plan is not an easy task due to the sheer number of lawyers with large inventory of baby powder litigations 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 disqualify the Chapter 11 case filed by LTL Management LLC, a absurdly-made-up Johnson & Johnson subsidiary, which claims that the business is not financially distressed. LTL has filed for Chapter 11 to settle tens of thousands of claims that J&J’s baby-powders caused cancer. Does cosmetic talc contain asbestos. The 3rd Circuit dismissed its first Chapter 11 case in January in a ruling that said LTL was not eligible for bankruptcy relief as it failed to show financial difficulties.
The claimants contend that the Second Chapter 11 case is an fraud on the bankruptcy system and that it’s being pursued in bad good faith. J&J states that the bankruptcy settlement is backed by “significant support” from companies representing about 60,000 potential plaintiffs. It’s safe to say plaintiffs’ lawyers and victims are divided over their disagreement over the $8.9 billion offer for settlement.
April 21, 2023 Update: A bankruptcy judge ruled that Johnson & Johnson must face new lawsuits alleging that the company offered a baby powder with a contaminant that caused cancer. Although trials for the lawsuits involving talc are delayed for a minimum of 60 days and new lawsuits are able to be filed and lawyers can begin preparing their cases. Does cosmetic talc contain asbestos. The judge expressed his doubts about J&J’s attempt to relaunch its strategy in a second bankruptcy case.
April 13th 2023: Update on the big update is about the $8.9 billion over the next 25 years offer for settlement. Lawyers representing cancer victims involved in the MDL group action vowed to fight the settlement along with talc claimants. Why? They feel it’s not enough to pay for 70,000 victims who have cancer. Does cosmetic talc contain asbestos. The lawyers say that J&J should negotiate a larger settlement or even litigate individual claims if the most recent bankruptcy is thrown out.
But there is another group of lawyers outside of the leadership group in this class action. The lawyers collectively have accumulated hundreds of thousands of cases. This group wants to settle now with what they believe is far less than what these victims deserve. Their argument is two-fold. The first is that they claim the settlement of around 100 million dollars on average per plaintiff is fair.
This argument isn’t easy to argue. The second argument is more force: the victims can be no longer patient and demand their money now.
April 12 2023 Update: Many are looking for ways J&J could file for bankruptcy again. The answer is complicated and confusing. Let’s try to simplify the issue in a simple way.
Johnson & Johnson asserts that bankruptcy is the only method to address both present and future talc-related lawsuits definitively. That is, it believes it can pay less when there is a bankruptcy element that creates pressure to settle. Does cosmetic talc contain asbestos. In a quest to cover the 400-year span of American history, the company claims that bankruptcy benefits all parties by distributing settlement payments more evenly and efficiently than trial courts, in which some litigants receive substantial award while others do not.
The basic tenet of this 3rd Circuit decision was this is not a case of an enterprise that is profitable, forming an entity to assume the legal responsibility and declare bankruptcy, which is what Congress considered when it was drafting the Bankruptcy Code. However, the court also ruled it was not in financial crisis because J&J assured it of unlimited funding.
This is why J&J did not hesitate to take advantage of the funding unlimited part of the agreement and did not promise to provide unlimited funding for the litigation. The company claims that its modified financing arrangements with its subsidiary address concerns of the appellate court, while providing funds for claims. It’s as if giving victims lesser money could solve the overarching problem.
Lawyers representing cancer victims who do not agree with the agreement counter this by arguing that the plaintiff is a defense against legal nonsense by pointing out legal nonsense: J&J fraudulently transferred $50 billion in assets to LTL Management to circumvent the appeals court’s earlier decision. Hyperbole did not go unnoticed 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 think that the bankruptcy will endure. But it is a way of pushing this $8.9 billion settlement and keep pressure on plaintiffs.
April 10 2023 Update Bloomberg provides an insightful article about a new law 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 lawsuits in the case of Johnson & Johnson (J&J) over talc products in exchange for a percentage of any profits. J&J is now offering to pay $8.9 billion to settle all lawsuits.
The involvement of the funders is public information because of an New Jersey court rule requiring the release of certain details regarding outside funding backers. The rules aim to tackle the growing demands for the regulation of lawsuit funders. J&J is facing more than 60,000 claims when you add up federal and state baby powder lawsuits. Third-party funding of mass tort cases has its pros and cons. There is no doubt that we are witnessing how third-party funding could level the playing field between people and big corporations in court.
April 4, 2023 Update: It’s interesting to watch 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 continue the automatic stay during the time that J&J appeals a bankruptcy ruling before the U.S. Supreme Court. Automatic stays have halted thousands of talcum powder cases and prevented new lawsuits from arising ever since J&J initiated the controversial effort to spin the talc liabilities off into a bankrupt company over one year back. Does cosmetic talc contain asbestos. When the 3rd Circuit ruled that this bankruptcy was not valid just a few months ago the stay was removed. J&J had hoped to have it continued pending the SCOTUS appeal. But, 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 consider the appeal? Low.
March 16, 2023 Update: with the bankruptcy stay having been officially lifted, the first new cases were filed and incorporated into the class action involving talcum powder MDL in over one year. Seven new talc-related lawsuits were included in the MDL in the last month and brought the total number of pending cases up to 37,522.
February 25 2023 Update This morning, a Congressmen from Tennessee is now demanding that The U.S. Government Accountability Office (GAO) launch an investigation into the cost J&J Talc products have cost the government in the many years.
A recent email to the GAO, Rep. Steven Cohen (D-Ten.) accused J&J of ignoring the risks of its talc product for decades while tax dollars were spent treating those injured by exposure to the products. The lawsuit comes just a few weeks following J&J’s dramatic loss in the 3rd Circuit Court of Appeals.
Does cosmetic talc contain asbestos. J&J has to begin making reasonable settlements to victims to getting this behind. This is a blemish on one of the world’s greatest businesses.
February 14 2023 Update: In the hearing held today 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 Does cosmetic talc contain asbestos. 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!