You May be Entitled to Significant Compensation First talcum powder lawsuit. 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 make payments of 400 million dollars to US state AGs. First Talcum Powder Lawsuit .
Johnson & Johnson (JNJ.N) has set aside $400 million to resolve U.S. state consumer protection actions as part of a broader $8.9 billion plan to settle claims that its Baby Powder and other talc-based ingredients cause cancer. First talcum powder lawsuit.
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 victims as part of a bankruptcy settlement. First talcum powder lawsuit. J&J has declared that its Talc products are safe and do not cause cancer. It is attempting for an additional time to conclude more than 38,000 lawsuits in bankruptcy and stop new cases from being filed in the future.
LTL’s bankruptcy plans would deposit $400 million into an additional trust to settle lawsuits filed with state attorneys general claiming that J&J was in violation of laws against unfair business practices in the State of New York and consumer protection laws by misinforming consumers about the safety of its talc products.
Several states had begun consumer protection actions against J&J before LTL’s first bankruptcy filing prevented those investigations from moving forward in 2021. First talcum powder lawsuit. New Mexico and Mississippi had already filed actions against Johnson & Johnson before then and states like Arizona, Maryland, North Carolina, Texas and Washington had issued subpoenas or civil investigative demands in LTL’s court filings.
New Mexico and Mississippi have filed a petition to end LTL’s bankruptcy along with cancer sufferers as well as the U.S. Justice Department’s bankruptcy watchdog, who have argued that a profitable business like J&J cannot benefit from bankruptcy protections designed for people with debt problems.
The first time LTL attempted to settle the bankruptcy-related lawsuits was thrown out after similar arguments, when a U.S. appellate court ruled that LTL did not have “financial distress” and therefore not eligible under bankruptcy law. First talcum powder lawsuit. LTL had filed for bankruptcy again within two hours of that dismissal, arguing that the second bankruptcy was different as it had less money available and had more support for a settlement.
New Mexico and Mississippi said in their motion to dismiss that LTL’s bankruptcy renewal violates state law enforcement powers by trying to unilaterally cap the liability of the company for state consumer protection laws.
First Talcum Powder Lawsuit
The filings of LTL’s latest bankruptcy proceedings also include more details on how the company would evaluate and pay claims for cancer should the bankruptcy plan be approved.
The most significant payments under the settlement will be $500,000 for patients diagnosed with mesothelioma that is terminal before age 45. First talcum powder lawsuit. The second payment would be $260,000 for those diagnosed with cancer of the ovary prior to age 45.
From there, the proposed settlement provides discounts based on the severity and type of the cancer, the person’s age, history of talc use and other factors. First talcum powder lawsuit. For example, a woman who used talc products on a weekly basis, who had the family history of ovarian cancer and was diagnosed with Stage II cancer of the ovary by age 55 may be eligible to receive a payment of $21,125 according to the plan.
Judge decides J&J and talc oppositionists to engage in settlement talks.
After another round of hearings in Johnson &Johnson’s attempt to utilize a Texas Two-Step bankruptcy strategy to settle talc lawsuits, federal bankruptcy Judge Michael Kaplan has ordered the firm and the people who opposed the strategy to engage in talks to reach a settlement, Bloomberg reports.
With its second bankruptcy attempt for LTL Management–a subsidiary established by J&J to hold the claims–the company offered a settlement of $8.9 billion. First talcum powder lawsuit. While a firm representing plaintiffs supports the deal, another group is opposed to the offer.
The previous week, the opposition group, dubbed the Official Committee of Talc Claimants requested the bankruptcy court to dismiss this case by saying that LTL cannot be regarded as in financial distress.
“The filing is an incredibly legal and ineffective attempt by a tiny number of law firms to stop claimants from voting on the resolution plan, a plan that the overwhelming majority of claimants support,” J&J’s litigation chief Erik Haas, said in a statement. First talcum powder lawsuit. “The law firms that are behind their filing are financially oriented and have conflicts that are in conflict with, contradict and infringe on the rights of their clients. We’ll submit a response an appeal to the appellate court.”
First talcum powder lawsuit. Clay Thompson, a lawyer for MRHFM, which includes more than mesothelioma patients who have filed lawsuits against J&J, said that the company’s second bankruptcy try will fail.
“J&J issue press releases about how wonderful its plan is, while requesting that details of the plan, such as what individual sick people would actually receive — be kept private,” Thompson said in an announcement. “What do J&J have to hide?”
Kaplan has commanded the parties to come up with another strategy for reorganization, under supervision and supervision of mediators.
In February 2022, Kaplan acknowledged J&J’s recourse to Chapter 11 to hasten a settlement that would release J&J from the hundreds of thousands of claims regarding its talcum products.
In January of this year a federal appeals court overturned the decision, ruling that the company could not be considered in “financial difficulty.”
When J&J’s attempt to challenge the U.S. Supreme Court was dismissed in April, J&J applied for its first bankruptcy about two hours later. In response, Kaplan froze the lawsuits for 60 days in order to determine whether to grant another bankruptcy.
J&J’s unstoppable profit machine sputters after $6.9B talc litigation charge.
Through Two Chapter 11 attempts, J&J has been able to buy 19 months in which cases were put suspended. First talcum powder lawsuit. J&J wants the claimants to take a vote to accept their settlement. J&J will require 75% support for the deal to pass.
In addition to the group of talc lawyers who panned the company’s bankruptcy play as well, the U.S. Trustee, a branch of the U.S. Department of Justice was also the one to file motions to dismiss LTL’s second bankruptcy case.
In a recent filing, U.S. Trustee Andrew R. Vara wrote that the bankruptcy courts are “open to honest but unfortunate debtors.” Those doors “are not open to any parties that lack a legitimate bankruptcy goal or who seek to use the bankruptcy process to hinder or delay their creditors.” Vara continued.
In its own words, J&J maintains there is no evidence conclusive that its talc products, including its popular baby powder cause cancer. J&J has taken the products of the market first on North America in 2020–and the rest of the world later this year.
J&J seeks to avoid the costly business of going to trial. The company has won the majority of the cases that have been resolved during trial, however, some losses have been very punishing.
A highly-publicized trial in Missouri produced a $4.7 billion verdict against the drug maker, 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 settled. Of the 41 trials, 32 of them ended in a win by J&J as well as mistrials or plaintiff verdicts that were overturned after appeal. First talcum powder lawsuit. In addition, J&J in 2020 moved to settle more than 1,000 cases worth 100 million dollars, Bloomberg published at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – First Talcum Powder Lawsuit
Our lawyers handle the baby powder litigation in every state. The talcum powder lawsuits in the case of Johnson & Johnson have been in the process for several years. First talcum powder lawsuit. The lawsuits allege that prolonged use of talcum powder (or “talc”), the active ingredient in products such as the Baby Powder and Shower to Shower, can cause ovarian cancer in certain women.
This page gives an J&J Talc Power Update and discusses how the upcoming bankruptcy ruling affects the final settlement amount of these Ovarian Cancer lawsuits.
Have you reached the deadline by which you to bring a talcum lawsuit? Many who believe the deadline has passed to sue Johnson & Johnson are wrong. Call us now at 800-553-2082 or request a free and quick case review online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – First Talcum Powder Lawsuit
June 2 2023 Update: At the asbestos talc case at the trial in California yesterday, technical issues halted the opening speech of defense attorneys. First talcum powder lawsuit. Jurors watching at home via Zoom however, heard Johnson & Johnson’s lawyer expressing doubt about the 70s research asserting the presence of asbestos in their product before the session abruptly ended.
In the meantime, the plaintiff was able to introduce their first witness, Arthur Langer. Langer explained that the existence of other minerals alongside the talc’s mineral content is inevitable. He said that his team had notified J&J in 1971 of the presence of asbestos chrysotile in the company’s talc, albeit with lower than 0.1 percent. He also found more asbestos in 1976.
June 1st, 2023 Update: First talcum powder lawsuit. The first trial since J&J made the decision to split its talc segment and file for bankruptcy is an important turning point of the ongoing litigation saga. The trial began on Tuesday in the heartbreaking trial of a young plaintiff, diagnosed with an aggressive and rare form of mesothelioma in the past year, an illness that lawyers on both sides believe is a tragedy of a different kind.
Opening statements laid bare huge differences between the sides’ story. The plaintiff’s attorney took aim on Johnson & Johnson, alleging the use of deceitful strategies in its research practices as well as throughout the litigation procedure. In the words of attorney, the company attempted to manipulate the definition of asbestos, in spite of internal documents from 1998 and 1994 that show asbestos fibers found in plaintiff’s tissue are included.
Johnson & Johnson’s uncertain $8.9 billion settlement is hanging in the balance as we progression of this trial. Despite the distinct nature of this mesothelioma-related case and its unique challenges compared to the majority of talcum powder lawsuits A verdict in favor of the plaintiff could cause an enormous setback for J&J’s hopes of broad acceptance of their settlement proposal among plaintiffs.
May 31st, 2023 Update: Johnson and Johnson’s bankrupted talc unit has strongly defended it’s two-time Chapter 11 filing in the facing challenges from the talc injury plaintiffs. In an opposition filed with the New Jersey bankruptcy court, it argued that the situation was vastly different from the earlier filing. It emphasized the unprecedented commitment to $8.9 billion to J&J as the largest settlement ever made in a mass tort bankruptcy case. First talcum powder lawsuit. Not mentioned: how the size of the settlement implies that it is a fair settlement. J&J also claimed support from numerous plaintiffs’ law firms representing over 60,000 claimants. This is not easy to confirm but is probably incorrect.
May 24, 2023 Update: Since Johnson & Johnson’s 2021 bankruptcy filing, the very first trial on its cosmetic talc products that are believed to containing asbestos is set to start jury selection on Monday, May 24, California within the Alameda County Superior Court, a historically good location for plaintiffs. Plaintiff claims that mesothelioma was caused by asbestos exposure resulting from J&J’s products and that the company denies. The trial also includes six retailers accused of selling talc-containing products.
May 22nd, 2023 Update: Lawyers in the 2nd J&J talc bankruptcy are battling over who should be chosen to fill the role of a the future claims representative, which is vitally essential in resolving the Talc claims. First talcum powder lawsuit. Randi Ellis, a lawyer who regularly appears in MDLs all over the nation, was appointed as the claims representative in the first bankruptcy. J&J’s defense group wants Ellis to be appointed to that role in the future, however lawyers representing the talc plaintiffs have raised objections on the grounds that Ellis has an unrelated conflict of interest which should stop her from being appointed to that post again. The issue stems from the possibility that Ellis was apparently involved in drafting the controversially disputable second bankruptcy, which raises questions about her ability to be neutral. However, the reality is that the bankruptcy will be dismissed regardless.
May 17th, 2023 Update: The pretend company that J&J formed for the talc bankruptcy informed an New Jersey bankruptcy court that they have set aside $400 million to settle claims of states that accuse the company of misleading advertising for its talc products. First talcum powder lawsuit. This amounts to an $8.5 billion settlement for cancer patients. It’s hard to imagine a scenario where J&J can get these baby powder settlements through with these numbers. While J&J’s proposed $8.5 billion offer seems like a lot initially, it will not look great when you look at the numbers. This settlement proposal – by our rough calculations, would not be able to pay victims more than $100,000 per case. That is not enough.
May 15th, 2023, Update J&J may be in the middle of a suit from an advocacy group that represents cancer patients. First talcum powder lawsuit. The group contends that J&J deliberately retracted a $61.5 billion financing agreement that it had with its company subsidiary LTL Management LLC, to simulate financial stress and confirm the unit’s Chapter 11 bankruptcy filing. The group argues that this act amounts to a fraudulent transfer of rights of victims’ compensation. They plan to explore J&J’s actions in the wake of the dismissal of the LTL’s bankruptcy case in its first instance.
May 10 2023 Update: Next week next week, this week the U.S. Bankruptcy Court in New Jersey will hear oral arguments on a petition to dismiss the second bankruptcy application of J&J company LTL Management. In the meantime, however it has approved an order requiring both sides to participate in a new settlement mediation hoping that an international settlement agreement can be come to fruition.
May 5th 2023: Update on Talc producer Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to many lawsuits claiming that its talc products cause cancer from asbestos exposure. First talcum powder lawsuit. Over 2,700 people have sued the firm and the company was paying $1 million per month to defend its legal position. The company’s recent $29 million settlement at the Supreme Court of South Carolina forced it to apply for bankruptcy protection and argue for equitable distribution of assets to talc claimants, rather than being taken over from 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 resume settlement discussions with lawyers who rebuffed the proposed $8.9 billion settlement offer. It was in Trenton, New Jersey yesterday the parties appeared before a judge to discuss next steps in their second bankruptcy matter and Judge Kaplan encouraged further settlement talks.
This is the solution to settle these claims with J&J. A settlement for baby powder can be completed. First talcum powder lawsuit. But it will require more money – billions of dollars – coming from Johnson & Johnson.
Lawyers have a split opinion on whether to take the proposal or not and not every client views the situation the same way their lawyer sees it. Second bankruptcy cases are destined to be a failure with Judge Kaplan has scheduled a hearing for June to determine whether to remove the bankruptcy after the second.
May 3, 2023 Update The group of cancer patients who have sued Johnson & Johnson (J&J) asked for J&J’s Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it is an attempt to derail the litigation surrounding talc-based products. The committee representing talc claimants filed a motion on Tuesday requesting that the Third Circuit to consider their case and send it back to a lower court, with instructions for dismissing the bankruptcy. First talcum powder lawsuit. They also asked that the stopped tort litigation against J&J continue to continue.
LTL has filed for Chapter 11 protection once again after its first bankruptcy filing was denied by the Third Circuit earlier this year with the possibility of an $8.9 billion deal. The committee says that the recent ruling which allowed LTL’s third Chapter 11 to continue, while also halting trials against J&J and J&J, requires an immediate Third Circuit review. The US Trustee also asked 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 a “desperate and legally insufficient attempt” by a few of law firms who have conflicting financial interests.
May 1st 2023 Update: One common question that people ask is how could plaintiffs and their lawyers be able to turn on $8.9 billion. That’s of course an enormous amount of money. However, there are lots of victims. First talcum powder lawsuit. And these are really good arguments for plaintiffs. We were reminded of this last week when two talc cases ended in large verdicts for plaintiffs. In February mesothelioma cases, a talcum powder trial in Oregon led to a verdict worth $18.1 million. A month later, another talc mesothelioma case went to trial in South Carolina and resulted in an award of $29 million on behalf of the plaintiff. In both instances, the defendant was Whittaker, Clark & Daniels Inc., one of the largest producers of talc in the U.S.
April 30, 2023 Update: When J&J initially tried to take the talcum powder lawsuit into bankruptcy, they came with an offer to set aside $2 billion for settlements. It was a ridiculously small amount. All of the talc plaintiffs supported the offer. However, this time, J&J has increased the offer to $8.9 for talc-related plaintiffs if they are willing to accept bankruptcy settlements and they also have the support of a substantial segment of the talc plaintiffs as well as their lawyers. First talcum powder lawsuit. However, 75% of plaintiffs in the talc category, which is required for bankruptcy plan approval is not an easy task due to the sheer number of lawyers with large stocks of baby powder lawsuits opposed against the proposed settlement.
What could solve 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, which claims that the business is not financially troubled. LTL requested Chapter 11 to settle tens of thousands of claims that J&J’s baby products caused cancer. First talcum powder lawsuit. In the end, however, the 3rd Circuit dismissed its first Chapter 11 case in January in a ruling that said LTL was not a candidate for bankruptcy relief as it had not demonstrated financial trouble.
The claimants assert that the Second Chapter 11 case is an fraud on the bankruptcy system and that it’s being conducted in bad faith. J&J says the bankruptcy settlement has “significant backing” from firms representing around 60,000 claimants. It’s safe to say that plaintiffs’ lawyers and the victims are split over the $8.9 billion amount of settlement offered.
April 21st, 2023 Update A bankruptcy judge decided that Johnson & Johnson must face new lawsuits claiming that the company offered a baby powder with a contaminant that caused cancer. Although the trials for Talc lawsuits are suspended for at least 60 calendar days but new lawsuits can be filed, and lawyers are able to begin preparing their cases. First talcum powder lawsuit. Judges expressed doubt about J&J’s pathetic attempt to revive its strategy by filing another bankruptcy case.
April 13, 2023 Update: The most important announcement is an $8.9 billion over the next 25 year period settlement offered. Lawyers representing cancer patients within MDL class action MDL collective action pledged to fight the settlement alongside those who claim talc. Why? They argue that it’s not enough for more than 70,000 cancer victims. First talcum powder lawsuit. The lawyers say that J&J should negotiate a bigger settlement or settle individuals’ claims if the current bankruptcy is declared unconstitutional.
There is a different set of lawyers who are not part of the leadership in group action. They have amassed tens of thousands of cases. This group wants to settle today for what is believed to be less than these victims deserve. Their argument appears to be two-fold. The first is that they claim the settlement – which amounts to an average of $100,000 per plaintiff is fair.
That is a hard argument to make. However, their second argument has more teeth: victims can no longer wait and want to get their money right now.
April 12, 2023 Update: People are wondering if J&J can file for bankruptcy again. The answer is complex and confusing. Let’s try to simplify it in simple terms.
Johnson & Johnson asserts that bankruptcy is the only way to settle both present and future talc-related lawsuits definitively. That is, it believes it can pay less should there be a bankruptcy element that creates pressure for a settlement. First talcum powder lawsuit. Going back to the 400-year span of American past, the company asserts that bankruptcy benefits all parties as it distributes settlement payments more evenly and effectively than trial courts, which are where litigants get significant award while others do not.
The gist in this 3rd Circuit decision was this is not a matter of an enterprise that is profitable, forming a subsidiary to take the legal burden and declare bankruptcy, which is what Congress had in mind when it came to drafting the Bankruptcy Code. However, the court also ruled it was not financially difficulty because J&J promises unlimited funding.
This is why J&J took advantage of the unlimited funding part of the deal but did not pledge that it would provide unlimited funds for the litigation. The company claims that modified financing arrangements with its subsidiary will address appeals court’s concerns while still supplying funds for claim payments. In the hope that offering victims less money will solve the underlying issue.
Attorneys representing cancer patients who are against the agreement argue this with what you conclude is the legal argument. First talcum powder lawsuit. They counter with legal nonsense: J&J fraudulently transferred $50 billion in assets to LTL Management to circumvent the appeals court’s ruling. The hyperbole wasn’t spared attorneys representing the victims claim it the biggest “fraudulent deal ever in United States history.”
In spite of the legal jargon, J&J does not really think that the bankruptcy will endure. It is however a method to try and push the $8.9 billion settlement through and maintain pressure on plaintiffs.
April 10 2023 Update Bloomberg provides an insightful article about a new law within New Jersey that is shedding new light on the funding of litigation in the class action lawsuit. Litigation funders Virage Capital Management and TRGP Capital invested in hundreds of lawsuits against Johnson & Johnson (J&J) on behalf of talc products. They exchanged for a share of any wins. J&J has now offered that it will pay $8.9 billion to settle all lawsuits.
The involvement of funders is public knowledge due to a New Jersey court rule requiring the disclosure of certain information about funders outside the state. The law is designed to address the rising calls for regulation of the litigation funders. J&J has more than 60,000 claims when you include state and federal Baby Powder lawsuits. Third-party funding of mass tort cases has both pros and cons. There is no doubt that we are witnessing how third-party funding could level the playing field between individual as well as large corporations in the courtroom.
April 4 2023 Update: It’s interesting to watch the worm turning in this case. J&J was hit again this week when the Third Circuit denied J&J’s request to extend the automatic stay while J&J appeals an appeal in the U.S. Supreme Court. It has halted thousands of talcum cases and prevented new lawsuits from arising ever since J&J began the controversial plan to spin the talc liability off into a bankrupt subsidiary over a year back. First talcum powder lawsuit. After it was decided that the 3rd Circuit ruled that this bankruptcy was insufficient just a few months ago the stay was removed. J&J wanted to see it stayed in place until hearing the 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 odds that 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 class action for talcum powder MDL in the space of a year. Seven new talc cases were joined to the MDL in the last month increasing the number of pending cases up to 37,522.
February 25 2023 Update This morning, a Congressmen from Tennessee has now demanded that authorities from the U.S. Government Accountability Office (GAO) start an investigation into the cost J&J Talc products have cost the government over the many years.
A recent email to the GAO, Rep. Steven Cohen (D-Ten.) claimed that J&J of not recognizing the risks of its talc products over many years, while tax dollars were spent treating those injured by exposure to the products. The demand comes just weeks after J&J’s major loss in the 3rd Circuit Court of Appeals.
First talcum powder lawsuit. J&J must begin making reasonable settlement proposals to victims to begin to put all of this behind. This is a blemish on one of the world’s greatest businesses.
February 14 2023 Update: At the hearing held today in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention in light of his 3rd U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.
You May be Entitled to Significant Compensation First talcum powder lawsuit. 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!