You May be Entitled to Significant Compensation Does talc still 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 settlement for talc would provide $440 million US state AGs. Does Talc Still Contain Asbestos .
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 plan to settle allegations that its Baby Powder as well as other talc items cause cancer. Does talc still contain asbestos.
J&J subsidiaries LTL Management filed a bankruptcy plan in New Jersey late on Monday that describes how the company intends to pay for different types of cancer victims as part of bankruptcy settlement. Does talc still contain asbestos. J&J has stated that its products containing talc are safe and don’t cause cancer. J&J is seeking the second time to end more than 38,000 lawsuits filed in bankruptcy, and to prevent any new cases from coming forward in the future.
LTL’s bankruptcy plans would deposit $400 million to a separate trust for claims brought in state courts by attorneys general alleging that J&J violated states’ unfair practices and consumer protection laws, by deceiving consumers about the quality of its talc products.
Several states had begun consumer protection lawsuits against J&J before LTL’s first bankruptcy filing prevented those investigations from proceeding in 2021. Does talc still contain asbestos. New Mexico and Mississippi had already launched lawsuits against Johnson & Johnson before then and states like Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative requests or subpoenas according to court documents.
New Mexico and Mississippi have taken steps to halt the bankruptcy of LTL 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 can’t benefit from bankruptcy protections meant for people with debt problems.
The first time LTL attempted to settle the bankruptcy-related lawsuits was thrown out after similar arguments. A U.S. appellate court ruled in favor of LTL was not in “financial financial distress” and thus not eligible to receive bankruptcy relief. Does talc still contain asbestos. LTL declared bankruptcy a second time within two hours of that dismissal, arguing that its second attempt was different in that it had less money and more support for a settlement.
New Mexico and Mississippi said in their motion to dismiss LTL’s renewed bankruptcy violates the law enforcement powers of the state by seeking to unilaterally limit the liability of the company in state consumer protection laws.
Does Talc Still Contain Asbestos
LTL’s filings for the new year also contained additional details about how the company would evaluate and pay for cancer claims should the bankruptcy plan be approved.
The highest payments under the settlement would be $500,000 for patients diagnosed with terminal mesothelioma before age 45. Does talc still contain asbestos. The second payment would be $260,000 for those diagnosed with cancer of the ovary before age 45.
From there, the proposed settlement applies discounts depending on the kind and severity of cancer, an individual’s age, the history of usage of talc and other variables. Does talc still contain asbestos. For example someone who regularly used talc products on a weekly basis, who had a family history of ovarian cancer, and was diagnosed with an ovarian cancer stage II at age 55 could be in line for a $21,125 payout under the plan.
Judge orders J&J and talc opponents to discuss settlement negotiations.
After another round of hearings in Johnson & Johnson’s attempt to employ 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.
The second time it attempted to file for bankruptcy for LTL Management–a subsidiary established by J&J to manage the claims company made a settlement offer of $8.9 billion. Does talc still contain asbestos. While a firm representing plaintiffs supports the deal, another group is against the settlement.
Earlier this week, the opposition group, called”the Official Committee of Talc Claimants requested the bankruptcy court to disqualify the petition asserting that LTL is not considered to be in financial hardship.
“The filing is an incredibly legal and ineffective attempt by a few of law firms to block claimants from voting on the resolution plan – a plan that the vast majority of claimants are in favor of,” J&J’s litigation chief Erik Haas, said in an announcement. Does talc still contain asbestos. “The law firms involved in these filings have interests in finance that clash with, diverge from and are in opposition to the interests they represent. We’ll soon submit a response an appeal to the appellate court.”
Does talc still contain asbestos. Clay Thompson, a lawyer for MRHFM who is home to more than mesothelioma victims who have filed lawsuits against J&J claimed that the second bankruptcy attempt of J&J failed.
“J&J publishes press release about how great its plan is, while demanding that plan details–including what individuals with illnesses would receive — be kept private,” Thompson said in the statement. “What do J&J have to cover up?”
Kaplan has directed the parties to devise a second arrangement plan under the oversight and supervision of mediators.
The court in February of 2022 Kaplan acknowledged J&J’s use of Chapter 11 to hasten a settlement that will free the company from the hundreds of thousands of claims concerning its talcum products.
But in January of this year an appeals court in the United States overturned the decision, ruling that the business could not be considered in “financial trouble.”
The J&J’s plan to make an appeal before the U.S. Supreme Court was turned down at the end of April J&J declared bankruptcy just two hours later. In response to that move, Kaplan froze the lawsuits for 60 calendar days to decide whether to allow to file for bankruptcy again.
J&J’s unstoppable profit engine goes out of control after $6.9B settlement charge for talc.
In the two Chapter 11 attempts, J&J has bought 19 months during which cases were placed in limbo. Does talc still contain asbestos. The company would like claimants to take a vote to accept their settlement. J&J requires 75% support in order for the agreement to be accepted.
In addition to the team of talc attorneys who have panned the bankruptcy of the company and the U.S. Trustee is an arm that is part of the U.S. Department of Justice has also filed a motion to dismiss LTL’s second bankruptcy.
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.” The doors “are not available to anyone who do not have a legitimate bankruptcy purpose or that seek to take advantage of the bankruptcy process to delay or hinder their creditors.” Vara continued.
In its own words, J&J maintains there is no evidence conclusive that its products containing talc, such as its famous baby powder, can cause cancer. J&J has adopted the products from the market and will first launch them in North America in 2020–and the remainder of the globe later this year.
J&J is determined to stay clear of the costly business of going to court. It has prevailed in the majority of the cases decided during trial, however, certain losses have been punitive.
A well-known trial in Missouri led to a $4.7 billion verdict against the drug company that 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 trial involving talc that are in appeal or concluded. In 41 trials 32 have resulted in a win by J&J or a mistrial, or verdict for a plaintiff that was overturned on appeal. Does talc still contain asbestos. The company also in 2020 negotiated to settle over 1000 cases at a cost of $100 million, Bloomberg published at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Does Talc Still Contain Asbestos
Our lawyers handle the baby powder litigation in all 50 states. The talcum powder lawsuits on behalf of Johnson & Johnson have been in the process for several years. Does talc still contain asbestos. The lawsuits contend that the prolonged use of the powder (or “talc”), the active ingredient in many products, including the Baby Powder or Shower to Shower and Shower to Shower, could cause ovarian cancer in some women.
This page provides the J&J Talc Power litigation update and provides an overview of how the upcoming bankruptcy ruling impacts the ultimate settlement amount in the cases of ovarian cancer.
Did the deadline expire for you to file a talcum powder lawsuit? Many who believe that the statute of limitations has passed to file a lawsuit against Johnson & Johnson are wrong. Call us today at 800-553-8082 or request a free and quick review of your case online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Does Talc Still Contain Asbestos
June 2, 2023 Update: During the asbestos talc case in California yesterday, a couple of technical glitches interrupted the opening statements of the defense attorneys. Does talc still contain asbestos. Jurors from home via Zoom however, heard Johnson & Johnson’s lawyer voice his doubts about the 70s research asserting the presence of asbestos in their product prior to the trial was abruptly closed.
Meanwhile, the plaintiff was able to introduce their first witness, Arthur Langer. Langer explained that the occurrence of other minerals alongside talc is expected. He said that his team had notified 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: Does talc still contain asbestos. First trial after J&J made the decision to split its Talc division, and then declare bankrupt is an important point within the ongoing lawsuit drama. The trial started yesterday in the heartbreaking case of a young 24-year-old plaintiff who was diagnosed with a rare and aggressive type of mesothelioma last year, an illness that lawyers on both sides agree is a grave tragedy.
Opening statements revealed stark differences in each side’s narrative. The attorney for the plaintiff took aim on Johnson & Johnson, alleging the use of deceptive strategies in its research practices as well as throughout the litigation procedure. The attorney claims that, according to, Johnson & Johnson attempted to alter the definition of asbestos in spite of internal documents dating from 1998 and 1994 that show asbestos fibers that were found in the tissues of the plaintiff are part of.
Johnson & Johnson’s uncertain $8.9 billion settlement deal hangs in the balance with the course of this trial. Despite the distinct nature of this mesothelioma case and its distinctive issues in comparison to other talcum powder lawsuits, a verdict favoring the plaintiff could result in an enormous setback for J&J’s hopes of broad acceptance of their proposed settlement with plaintiffs.
May 31, 2023: Update from Johnson and Johnson’s bankrupt talc division is defending its two-time Chapter 11 filing in the facing challenges from victims of talc injuries. In a written objection to the New Jersey bankruptcy court, J&J’s subsidiary claimed that the situation was vastly different from the prior filing. It highlighted the extraordinary commitment to $8.9 billion in settlement from J&J which is the biggest settlement ever to be made in the history of a mass tort bankruptcy. Does talc still contain asbestos. Not mentioned: how this amount signifies that it’s a fair settlement. J&J also claimed support from a variety of plaintiffs’ law firms representing more than 600,00 claimants. This is not easy to confirm but likely incorrect.
May 24 2023 Update: As of Johnson & Johnson’s 2021 bankruptcy filing, the first trial regarding the cosmetic talc products it claims to that contain asbestos is scheduled to commence jury selection on Monday, California with Alameda County Superior Court, the most favored place for plaintiffs. The plaintiff claims his mesothelioma is the result of asbestos exposure from J&J’s products and that the company has denied. The trial also includes six retailers who are accused of selling talc-containing products.
May 22nd, 2023 Update: Lawyers involved in the 2nd J&J talc bankruptcy are now battling over who should be appointed to the role of the claims representative in the future, the role is crucially important to resolving the claims involving talc. Does talc still contain asbestos. Randi Ellis, a lawyer who regularly appears in MDLs across the country was appointed as the claims representative in the first bankruptcy. J&J’s defense team would like Ellis to be appointed to this position again, but lawyers for the plaintiffs in talc are arguing because Ellis has an unrelated conflict of interest that should prevent her from holding that position in the future. The dispute stems from possibility that Ellis was believed to have been involved in the creation of the hotly litigated second bankruptcy, which raises doubts regarding her capacity to remain neutral. In reality, this bankruptcy will likely to be dismissed in the end.
May 17, 2023 Update: The pretend company that J&J put together to settle the talc litigation bankruptcy told an New Jersey bankruptcy court that they have set aside $400 million to settle claims brought by states accusing J&J of misleading marketing for its talc products. Does talc still contain asbestos. This amounts to an $8.5 billion settlement for cancer patients. It is hard to imagine any scenario in which J&J can get the baby powder settlements with these numbers. While J&J’s proposed $8.5 billion offer might seem like a large sum at first, it does not look great after you calculate the figures. This settlement proposal – by our rough calculations would not offer victims anything more than $100,000 per case. That’s not enough.
May 15th, 2023, Update J&J might be facing lawsuit by an advocacy group representing cancer patients. Does talc still contain asbestos. The group claims J&J deliberately withdrew the $61.5 billion financing agreement with its subsidiary, LTL Management LLC, to simulate financial distress and confirm the unit’s Chapter 11 bankruptcy filing. The group argues that this act is a fraud transfer of the rights of compensation for victims. They are planning to study J&J’s actions after the announcement of the denial of LTL’s first bankruptcy case.
May 10, 2023 Update: Next week in the U.S. Bankruptcy Court in New Jersey will hear oral arguments in a motion dismiss the second bankruptcy petition filed that was filed by J&J LTL Management, J&J’s subsidiary. LTL Management. In the meantime, however this bankruptcy court has issued an order which requires both sides to take part in a second settlement mediation with the hopes of achieving a global settlement deal can reached.
May 5, 2023 Update: The talc manufacturer Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to numerous lawsuits alleging that its Talc products caused cancer through asbestos exposure. Does talc still contain asbestos. Over 2700 people have sued the company and it has been paying $1 million per month for 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 equitable 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 lawsuits.
May 4, 2023, Update U.S. The bankruptcy Judge Michael Kaplan has directed Johnson & Johnson to reopen settlement discussions with lawyers who rejected the company’s $8.9 billion offer for settlement. In Trenton, New Jersey yesterday the parties appeared before a judge to discuss next steps for their second bankruptcy matter and Judge Kaplan has pushed for further settlement talks.
This is the solution to resolve these claims for J&J. A baby powder settlement can be achieved. Does talc still contain asbestos. However, it’ll require additional money – perhaps billions of dollars of Johnson & Johnson.
Lawyers are divided on whether to take the proposal or not and not all clients view the issue in the same manner their lawyer does. Second bankruptcy cases are likely to go nowhere with Judge Kaplan has scheduled a hearing for June to determine whether to remove the bankruptcy after the second.
May 3, 2023 Update: A group representing cancer patients suing 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 the litigation surrounding talc-based products. The committee representing talc claimants made a motion Tuesday, asking 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 talc still contain asbestos. They also asked that halted tort litigation against J&J allow the litigation to continue.
LTL filed for Chapter 11 protection once again following its bankruptcy filing that was rejected by the Third Circuit earlier this year which offered an $8.9 billion settlement. The committee argues that the recent ruling, which allows LTL’s third Chapter 11 to continue, in addition to halting trials against J&J and J&J, requires immediate Third Circuit review. The US Trustee also asked that be the New Jersey bankruptcy court dismiss the LTL bankruptcy case. J&J’s vice president for global litigation Erik Haas, was quoted by Bloomberg declaring that J&J plans to file a response in the appeals court, calling the request a “desperate and legally flawed attempt” by a few of law firms that have conflicting financial interests.
May 1, 2023 Update: One most frequently asked question is how plaintiffs and their lawyers be able to turn around $8.9 billion. Of course, that is an enormous amount of money. There are a lot of victims. Does talc still contain asbestos. These are an excellent case for plaintiffs. We have been reminded of this recently with two talc trials ended in large verdicts for plaintiffs. In February the mesothelioma case involving talcum powder trial in Oregon ended in an award that was $18.1 million. In the same month, a different mesothelioma talc case was brought to the court in South Carolina and resulted in an award of $29 million in favor of plaintiff. It was the same defendant as in these cases: Whittaker, Clark & Daniels Inc. which is one of the leading suppliers of talc in the U.S.
April 30th 2023 Update: In the year 2023, when J&J first attempted to drag the talcum powder lawsuit into bankruptcy, it was met with the option of putting aside $2 billion for settlements. The sum was ridiculously low. There was no one among the talc victims who supported it. However, this time, J&J has increased the offer to $8.9 in the event that the talc victims accept a bankruptcy settlement and they also have the backing of a significant section of the talc victims and their attorneys. Does talc still contain asbestos. But with 75% of plaintiffs of talc are needed for approval of the bankruptcy plan, it a tough road because of the number of lawyers who have vast stocks of baby powder litigations opposed towards the agreement.
What is the solution to this impasse? More billions.
April 25 2023 Update Talc cancer claimants have demanded a judge reject their Chapter 11 case filed by LTL Management LLC, a absurdly fabricated Johnson & Johnson subsidiary, insisting that the company is not financially strained. LTL filed for Chapter 11 to settle tens of thousands of claims that J&J’s baby powders caused cancer. Does talc still contain asbestos. It was the 3rd Circuit dismissed its first Chapter 11 case in January, saying LTL was not a candidate to receive bankruptcy relief because it had not demonstrated financial trouble.
The claimants contend that the second Chapter 11 case is an abuse of the bankruptcy system and the case is being handled in bad good faith. J&J asserts that the bankruptcy settlement is backed by “significant backing” from companies representing an estimated 60,000 plaintiffs. It’s safe to say plaintiffs’ lawyers and the victims are split over this $8.9 billion deal.
April 21st, 2023 Update A bankruptcy judge has decided in favor of Johnson & Johnson must face new lawsuits alleging that it offered a baby powder with a contaminant that caused cancer. Even though trials for the lawsuits involving talc are delayed for at least 60 calendar days, new lawsuits can be filed, and lawyers may begin to prepare their cases. Does talc still contain asbestos. The judge expressed skepticism over J&J’s attempt to revive its strategy by filing the second bankruptcy case.
April 13, 2023 update: the biggest news is the $8.9 billion over the course of 25 years offer for settlement. Lawyers representing cancer victims in MDL class action MDL group action vowed to fight the settlement with Talc claimants. Why? They feel it’s too little money for the more than 70,000 cancer victims. Does talc still contain asbestos. These lawyers believe that J&J should negotiate a bigger settlement or litigate individual claims if the latest bankruptcy is thrown out.
But there is another group of lawyers that is not part of the top leadership in this class action. These lawyers have collectively amassed many thousands of cases. The group is seeking to settle now in what many believe to be lower than what the victims should be paid. Their argument appears to be two-fold. The first is that they claim the settlement, which is about 100 million dollars on average per plaintiff – is fair.
This argument isn’t easy to prove. The second argument is more force: the victims can no longer wait and want their money today.
April 12, 2023 Update: People are asking how J&J is able to file for bankruptcy again. The answer is complex and complex. However, let’s attempt to explain the issue in a simple way.
Johnson & Johnson asserts that bankruptcy is the only way to deal with both present and future talc lawsuits conclusively. Also, it believes that it will be less expensive should there be a bankruptcy component that applies pressure to settle. Does talc still contain asbestos. In a quest to cover 400 years of American past, the company believes that bankruptcy is beneficial to all parties by distributing settlement payments more evenly and more efficiently than trial courts where some litigants receive significant settlements while others get nothing.
The gist of this 3rd Circuit decision was this isn’t a case that involves one that makes a profit, but a subsidiary to take the legal burden and declare bankruptcy Congress thought of when drafting its Bankruptcy Code. It also clarified that the subsidiary was not financially trouble because J&J promised unlimited funding.
Then J&J took advantage of the funding unlimited part of the contract but did not pledge that it would provide unlimited funds for the litigation. The company says that its modified financing arrangements with its subsidiary address the concerns of the appellate court, while offering funds to pay claims. As if providing victims with less money will solve the underlying issue.
Attorneys representing cancer victims who oppose the agreement counter this with what you conclude is the legal argument. Does talc still contain asbestos. They counter with legal nonsense: J&J fraudulently transferred $50 billion of assets away from LTL Management to circumvent the appeals court’s decision. Hyperbole did not go unnoticed attorneys representing the victims claim it the largest “fraudulent deal ever in United States history.”
Despite all the legal jargon, J&J does not really believe that this bankruptcy will last. However, it’s a means of trying to push this $8.9 billion settlement, and to keep the pressure on plaintiffs.
April 10 2023 Update: Bloomberg provides an insightful article on a new law within New Jersey that is shedding new light on litigation funding in the suit for class actions. Funders of litigation Virage Capital Management and TRGP Capital invested in hundreds of claims that were brought against Johnson & Johnson (J&J) on behalf of talc products. They exchanged for a share of any winnings. J&J is now offering that it will pay $8.9 billion to settle any lawsuits.
The funders’ involvement is made public due to the New Jersey court rule requiring the release of certain details about funders outside the state. The law is designed to address the growing calls for regulation of litigation funders. J&J faces over 60,000 claims when you take into account federal and state Baby Powder lawsuits. Third-party funding for mass tort lawsuits has its pros and cons. There is no doubt that we are witnessing the ways that third-party funding can even the playing field between individual and large corporations in court.
April 4, 2023 Update: It’s pleasing to see the worm turning in this litigation. J&J was hit again this week when it was found that the Third Circuit denied J&J’s request to extend the automatic stay as J&J appeals a bankruptcy decision at the U.S. Supreme Court. This automatic stay frozen hundreds of cases involving talcum powder and stopped the filing of new lawsuits ever since J&J started the controversial process to spin talc-related liabilities into a bankrupt subsidiary over one year in the past. Does talc still contain asbestos. When it was decided that the 3rd Circuit ruled that this bankruptcy was invalid a few months ago, the stay was lifted. J&J was hoping to have it stayed in place until 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. There is a chance that for the Supreme Court is willing even to accept the appeal? Low.
March 16th, 2023 Update: with the bankruptcy stay in effect, the first new cases were filed and incorporated into the class action for talcum powder MDL in just over a year. Seven new talc cases were added to the MDL over the last month increasing the number of cases pending to 37,522.
February 25, 2023 Update 2023 Update: A Congressmen from Tennessee is now demanding that the U.S. Government Accountability Office (GAO) begin an investigation into the cost J&J product containing talc has cost the government in the years.
Recently, in an open letter addressed to the GAO, Rep. Steven Cohen (D-Ten.) has accused J&J of ignoring the risks of its talc-based products for long while tax dollars utilized to treat people injured by exposure to the chemicals. The demand comes just weeks following J&J’s dramatic loss in the 3rd Circuit Court of Appeals.
Does talc still contain asbestos. J&J has to begin making reasonable settlements to victims to getting this behind. This is a disgrace to one of the top companies.
February 14 , 2023 Update: At an appearance today in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention in light of the ruling of 3rd U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.
You May be Entitled to Significant Compensation Does talc still 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!