You May be Entitled to Significant Compensation Gold bond no talc. 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. Gold Bond No Talc .
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 effort to settle allegations that its Baby Powder and other talc-based products cause cancer. Gold bond no talc.
J&J subsidiaries LTL Management filed a bankruptcy plan in New Jersey late on Monday that describes how the company plans to pay different kinds of cancer victims in a bankruptcy settlement. Gold bond no talc. J&J has claimed that its Talc products are safe, and won’t cause cancer. It is attempting for the second time to end more than 38,000 lawsuits in bankruptcy and prevent new cases from arising in the near future.
The bankruptcy plan of LTL would pay $400 million into a separate trust for claims brought by state attorneys general claiming that J&J did not comply with the state’s unfair commercial practices and consumer protection laws through misleading consumers about the quality of its talc products.
Several states had begun consumer protection actions against J&J prior to LTL’s bankruptcy filing prevented these investigations from progressing in 2021. Gold bond no talc. New Mexico and Mississippi had already initiated lawsuits 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 court filings.
New Mexico and Mississippi have moved to dismiss LTL’s bankruptcy along with cancer sufferers and The U.S. Justice Department’s bankruptcy watchdog. They have argued that a profitable company like J&J is not eligible for bankruptcy protections intended for struggling debtors.
The company’s initial attempt to resolve the lawsuits in bankruptcy was thrown out after similar arguments. A U.S. appellate court ruled that LTL was not in “financial trouble” and thus not eligible of bankruptcy protection. Gold bond no talc. LTL made a new bankruptcy application less than two hours after the dismissal, arguing its second attempt was different as it had less money and more support for the possibility of settling.
New Mexico and Mississippi said in their motion to dismiss LTL’s bankruptcy renewal violates state law enforcement powers by attempting unilaterally to cap LTL’s liability to state consumer protection actions.
Gold Bond No Talc
LTL’s recent filings also provided additional details about the way in which the company will evaluate and pay for cancer claims if the bankruptcy plan is approved.
The most significant payments under the settlement will be $500,000 to those diagnosed with terminal mesothelioma before age 45. Gold bond no talc. The second payment would be $260,000 for those diagnosed with advanced ovarian cancer before age 45.
From there, the proposed settlement provides discounts based on the severity and type of cancer, the individual’s age, the history of talc use and other factors. Gold bond no talc. For instance the case of a woman who used the talc product on a regular basis, had a family history of ovarian cancer and was diagnosed Stage II cancer of the ovary at age 55 might qualify for a $21,125 payout according to the plan.
Judge decides J&J and talc oppositionists to participate in settlement talks.
Following another hearing in Johnson & Johnson’s effort to use 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 settlement talks, Bloomberg reports.
In its second bankruptcy effort for LTL Management, a subsidiary set up by J&J to manage the claims company offered a settlement amounting to $8.9 billion. Gold bond no talc. While a group of law firms representing plaintiffs agree with the settlement, a different group is against the settlement.
The previous week, the opposition group, called”The Official Committee of Talc Claimants in the bankruptcy court, demanded to dismiss the case saying that LTL is not considered to be financially distressed.
“The filing is an incredibly legal and ineffective attempt by a handful of law firms to try to prevent claimants from voting on the resolution plan, a plan that the overwhelming majority of claimants favor,” J&J’s litigation chief Erik Haas, said in an announcement. Gold bond no talc. “The law firms behind these filings have interests in finance that conflict with, diverge from, and contravene those of their clients. We will be submitting an appeal an appeal to the appellate court.”
Gold bond no talc. Clay Thompson, a lawyer for MRHFM, which is home to more than mesothelioma victims who have filed lawsuits against J&J, said that J&J’s second bankruptcy effort is likely to fail.
“J&J sends out press releases about how wonderful its plan is while simultaneously insisting that the plan’s details, including what the individual sick individuals would receive,” Thompson said in an announcement. “What do J&J have to hide?”
Kaplan has commanded the parties to devise a second restructuring plan, with the oversight of two mediators.
In February 2022, Kaplan affirmed the ability of J&J’s recourse to Chapter 11 to hasten a settlement that would free the company from the hundreds of thousands of claims concerning its talcum products.
In the month of January, a federal appeals court overturned the decision, ruling that the company could not be considered in “financial difficulty.”
The J&J’s plan to challenge the U.S. Supreme Court was denied at the end of April J&J filed for its second bankruptcy roughly two hours after. In response, Kaplan froze the lawsuits for 60 calendar days to decide whether or not to accept the second bankruptcy.
J&J’s unstoppable profit engine goes out of control after $6.9B settlement charge for talc.
With two Chapter 11 attempts, J&J has bought 19 months during which cases have been on hold. Gold bond no talc. The company wants claimants to accept their settlement. J&J will require 75% acceptance for the settlement to be approved.
In addition to the team of talc lawyers who criticised the bankruptcy of the company in the U.S. Trustee, the U.S. Trustee, an arm from the U.S. Department of Justice was also the one to file motions to dismiss LTL’s bankruptcy second case.
In a filing this week, U.S. Trustee Andrew R. Vara wrote that the the bankruptcy court remain “open to honest, but naive debtors.” The doors “are not open to any parties that don’t have a legitimate bankruptcy objective or seek to use the bankruptcy process to delay or hinder their creditors.” Vara continued.
To its credit, J&J maintains there is no definitive evidence to suggest that its Talc products, which includes its popular baby powder cause cancer. J&J has taken its products off of the market first on North America in 2020–and the rest of the world later this year.
J&J wants to avoid the expense of going to court. J&J has won the majority of the cases that have been decided in court, however certain losses have been extremely harsh.
A highly publicized trial in Missouri ended in an $4.7 billion judgment against the drug manufacturer that was later reduced to $2.1 billion after appeals.
Johnson & Johnson faces high-stakes hearing over ‘Texas Two Step’ talc strategy: report
Overall, J&J has lost nine trial cases in talc which are appealing or settled. In 41 trials 32 of them ended in an outcome for J&J either through a mistrial or plaintiff verdicts that were dismissed upon appeal. Gold bond no talc. Additionally, the company in 2020 sought to settle more than 1,000 cases for the sum of $100 million. Bloomberg reported at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Gold Bond No Talc
Our lawyers handle baby powder cases in every state. The lawsuits involving talcum powder against Johnson & Johnson have been in the process for several years. Gold bond no talc. The lawsuits claim that the long-term use of the powder (or “talc”), the active ingredient in products like the Baby Powder or Shower to Shower which can cause ovarian cancer among some women.
This page provides an J&J Talc Power litigation update and discusses how the upcoming bankruptcy ruling will impact the final settlement amounts of the ovarian cancer lawsuits.
Has the deadline passed for you to make a claim for talcum powder? Many people who think the statute of limitations has run out 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 – Gold Bond No Talc
June 2 2023 Update: At the asbestos talc case which took place in California yesterday, a few technical glitches interrupted the opening statements of the defense attorneys. Gold bond no talc. Jurors watching from home on Zoom however, heard Johnson and Johnson’s lawyer express doubts about the 70s research affirming the presence of asbestos in their product, but the session abruptly ended.
Meanwhile, the plaintiff had the opportunity to introduce their first witness, Arthur Langer. Langer stated that the presence of other minerals alongside the talc’s mineral content is inevitable. He also testified that his team was notified by J&J in 1971 about the presence of chrysotile asbestos the talc produced by the company, although at lesser than 0.1 percent. He also found more asbestos in 1976.
June 1st, 2023 Update: Gold bond no talc. A trial for the first time since J&J has decided to separate its Talc division and declare bankruptcy is a pivotal moment within the ongoing litigation drama. The trial began on Tuesday in the tragic case of a young, 24-year-old plaintiff, diagnosed with a rare and aggressive type of mesothelioma in the past year, a diagnosis lawyers on both sides agree is a tragedy of a different kind.
Opening statements revealed the sharp differences in the two sides’ narrative. The plaintiff’s attorney took aim against Johnson & Johnson, alleging the use of deceitful techniques in its research practices and throughout the litigation process. According to the attorney Johnson & Johnson attempted to alter the definition of asbestos, in spite of internal documents from the year 1978 and 1994 indicating that asbestos fibers found in tissue of the plaintiff are included.
Johnson &J’s highly uncertain $8.9 billion settlement deal hangs in the balance with the progress of this trial. Despite the particularity of this mesothelioma case and the unique issues it faces compared to other talcum powder lawsuits and a decision in favor of the plaintiff could be the company with a major setback in its hopes of broad acceptance of their proposed settlement with plaintiffs.
May 31st, 2023: Update from Johnson & Johnson’s bankrupt talc division strongly defended their Second Chapter 11 filing in the face of challenges from talc injury claimants. In an opposition filed with the New Jersey bankruptcy court, it argued that the case differed fundamentally from the prior filing. It emphasized the unprecedented commitment to $8.9 billion by J&J as the biggest settlement ever to be made in the history of a mass tort bankruptcy. Gold bond no talc. The issue is not discussed: whether the magnitude of the settlement indicates that it is a fair settlement. J&J also claimed that it received support from numerous plaintiffs’ law companies representing over 600,00 claimants. This is difficult to verify but is probably incorrect.
May 24 2023 Update: In the wake of Johnson & Johnson’s bankruptcy in 2021 filing, the very first trial involving its cosmetic talc products allegedly that contain asbestos is scheduled to start jury selection on Monday, California within the Alameda County Superior Court, the most favored court for plaintiffs. The plaintiff claims his mesothelioma resulted from asbestos exposure in J&J’s product which J&J denies. The trial also includes six retailers accused of selling talc products.
May 22nd, 2023 Update Lawyers in the 2nd J&J Talc bankruptcy are in a dispute over who should be chosen to fill the position of future claims representative. This is an important role critical to resolving claim for talc. Gold bond no talc. Randi Ellis, a lawyer who frequently appears in MDLs all over the nation, was appointed as the claims representative in the first bankruptcy. J&J’s defense attorneys want Ellis to be appointed in that position and again, but attorneys for the talc plaintiffs are objecting because Ellis has conflicts of interest which would prohibit her from holding that position once more. The issue stems from the fact that Ellis was reportedly involved in the creation of the hotly contesting second bankruptcy, which raises concerns regarding her capacity to remain neutral. However, the reality is that this bankruptcy is likely to be dismissed in the end.
May 17, 2023 Update The fake company J&J formed for the talc litigation bankruptcy has informed an New Jersey bankruptcy court that they have designated $400 million as a settlement for claims of states that accuse the company of deceptive advertising for its talc products. Gold bond no talc. It’s a $8.5 billion settlement for cancer victims. It’s difficult to imagine a scenario where J&J can get the settlements of baby powder through with these numbers. Although J&J’s $8.5 billion offer seems like a lot initially, it does not look great when you look at the numbers. The proposed settlement based on our rough calculations, would not pay victims much more than $100,000 per instance. It’s not enough.
May 15 2023 Update J&J might be facing lawsuit brought by an advocacy group representing cancer victims. Gold bond no talc. The group claims J&J intentionally canceled the $61.5 billion contract for funding that it had with its company subsidiary LTL Management LLC, to create the appearance of financial hardship and to validate the company’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 decision to dismiss LTL’s first bankruptcy suit.
May 10 2023 Update: During the next week this week, this week the U.S. Bankruptcy Court in New Jersey will hear oral arguments on a motion to dismiss the second bankruptcy filing that was filed by J&J subsidiaries LTL Management. In the meantime, LTL Management has filed an Order that requires both parties to participate in a new settlement negotiation to see if a global settlement deal can come to fruition.
May 5 2023: Update on Talc producer Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to numerous lawsuits alleging its talc products caused cancer from asbestos exposure. Gold bond no talc. Over 2700 people have sued the firm, and it was spending $1 million a month for legal defense. The company’s recent $29 million settlement on the state of South Carolina forced it to seek bankruptcy protection, arguing for an equitable distribution of assets among talc claimants instead of being confiscated by the receiver. Other suppliers of talc have declared bankruptcy because of lawsuits.
May 4, 2023 update: U.S. Court of Bankruptcy Michael Kaplan has directed Johnson & Johnson to resume settlement discussions with lawyers who rebuffed the company’s proposed $8.9 billion settlement offer. At Trenton, New Jersey yesterday the parties appeared in court to discuss the next steps in this second case of bankruptcy. Judge Kaplan pushed more settlement talks.
This is the best way to resolve these claims for J&J. The baby powder settlement is likely to get done. Gold bond no talc. However, it will require more money – more billions of dollars by Johnson & Johnson.
Lawyers are divided on whether or not to accept the plan and not every client sees the situation the same way their lawyer sees it. Second bankruptcy cases are expected to go nowhere and Judge Kaplan has scheduled a hearing for June to decide if he will discharge the bankruptcy for the 2nd time.
May 3, 2023 Update: A group representing cancer victims suing Johnson & Johnson (J&J) asked an order from they request that the Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it is an attempt to halt the litigation surrounding talc-based products. The group representing claimants for talc made a motion Tuesday asking to the Third Circuit to consider their appeal and return the case the lower court with instructions to dismiss the bankruptcy. Gold bond no talc. They also requested that the lawsuit against the halted torts of J&J allow the litigation to continue.
LTL has filed for Chapter 11 protection once again after its first bankruptcy filing was rejected in the Third Circuit earlier this year with the possibility of an $8.9 billion agreement. The committee says that the recent decision allowing LTL’s second Chapter 11 to continue, in addition to halting trials against J&J and J&J, requires immediate Third Circuit review. The US Trustee requested an New Jersey bankruptcy court dismiss the LTL bankruptcy case. J&J’s global vice-president of litigation Erik Haas, was quoted by Bloomberg declaring that J&J intends to file a response to the appeals court characterizing the filing as a “desperate and legally deficient move” by a handful of law firms with different financial interests.
May 1, 2023 Update: One common question that people ask is how plaintiffs and their lawyers turn off $8.9 billion. Of course, that is a lot of money. There are a lot of victims. Gold bond no talc. These are an excellent arguments for plaintiffs. We have been reminded of this recently when two talc cases resulted in big verdicts for the plaintiffs. In February mesothelioma, a talcum-based powder trial in Oregon ended in the verdict that was $18.1 million. In the same month, a different talc mesothelioma case went to trial within South Carolina and resulted in a verdict of $29 million for the plaintiff. Both cases were defended by Whittaker, Clark & Daniels Inc. one of the most prominent manufacturers of talc in U.S.
April 30th, 2023 Update: When J&J first tried to bring the litigation over talcum powder into bankruptcy, it came with the option of putting aside $2 billion for settlements. The amount was absurdly low. All of the talc plaintiffs were in favor of the proposal. This time, however, J&J has increased the offer to $8.9 in the event that the talc victims are willing to accept bankruptcy settlements and also has the support of a substantial section of the talc victims and their attorneys. Gold bond no talc. But with 75% of talc plaintiffs, which is needed for approval of the bankruptcy plan It’s a long and difficult process because of the number of lawyers who have vast stocks of baby powder lawsuits that are opposed against the proposed settlement.
What could solve the impasse? More billions.
April 25, 2023 Update: Talc Cancer victims have demanded a judge dismiss their Chapter 11 case filed by LTL Management LLC, a absurdly-made-up Johnson & Johnson subsidiary, declaring that the company isn’t financially troubled. LTL filed for Chapter 11 to settle tens of thousands of claims that J&J’s baby products caused cancer. Gold bond no talc. It was the 3rd Circuit dismissed its first Chapter 11 case in January in a ruling that said the company wasn’t eligible to receive bankruptcy relief because it did not show financial difficulties.
The claimants contend that the Second Chapter 11 case is an fraud on the bankruptcy system, and that the case is being handled in bad faith. J&J asserts that the bankruptcy settlement has “significant backing” from companies representing approximately 60,000 people who are claiming. It’s fair to say plaintiffs’ lawyers and victims ‘ lawyers are not united over what they believe is an $8.9 billion amount of settlement offered.
April 21st, 2023 Update A bankruptcy judge ruled that Johnson & Johnson must face new lawsuits alleging that the firm sold a baby powder that contained a chemical that causes cancer. Although the trials for Talc lawsuits are suspended for at least 60 days, new lawsuits can be filed, and lawyers are able to begin preparing their cases. Gold bond no talc. Judges expressed skepticism about J&J’s pathetic attempt to relaunch its strategy in a second bankruptcy trial.
April 13, 2023 update: the biggest update is about the $8.9 billion over 25 year period settlement offered. Lawyers representing cancer victims within the MDL collective action promised to fight the settlement along with those who claim talc. Why? They feel it’s not enough for 70 000 cancer patients. Gold bond no talc. These lawyers believe that J&J should negotiate a bigger settlement or even litigate individuals’ claims if the current bankruptcy is declared unconstitutional.
However, there is a second group of lawyers outside of the leadership in group action. These lawyers have amassed hundreds of thousands of cases. This group wants to settle today for what is believed to be less than the victims deserve. Their argument seems to be twofold. First, they argue the settlement – about an average of $100,000 per plaintiff is fair.
That is a hard argument to present. However, their second argument has more substance: the victims will now not wait and they want their money today.
April 12 2023 Update: Some people are looking for ways J&J can file for bankruptcy again. The answer is complicated and confusing. But let’s try to explain it simply.
Johnson & Johnson asserts that bankruptcy is the only way to resolve both current and future talc-related lawsuits definitively. Also, it believes it can pay less when there is an element of bankruptcy that puts pressure for a settlement. Gold bond no talc. In a quest to cover the 400-year span of American time, the business claims that bankruptcy benefits everyone by dispersing settlements more fairly and more efficiently than trial courts which are where litigants get significant settlements while others get nothing.
The gist in this 3rd Circuit decision was this is not a matter of an enterprise that is profitable, forming subsidiaries to meet the legal burden and declare bankruptcy – Congress contemplated when drafting the Bankruptcy Code. But it also said it was not in financial difficulty because J&J promises unlimited funding.
Then J&J decided to go with the unlimited funding aspect of the agreement and didn’t promise to offer unlimited funding for cases. The company claims that updated financing arrangements with its subsidiary will address appeals court’s concerns, while offering claim payment funds. In the hope that offering victims less money will solve the overarching problem.
Lawyers representing cancer patients who do not agree with the agreement counter this by arguing that the plaintiff is countering legal nonsense with legal absurdity: J&J fraudulently transferred $50 billion of assets from LTL Management to circumvent the appeals court’s earlier ruling. Hyperbole was not spared the lawyers representing victims call it the largest “fraudulent deal that has occurred in United States history.”
Despite all the legal jargon, J&J does not really believe that this bankruptcy will last. It is however a method to try and push the $8.9 billion settlement through and maintain the pressure on plaintiffs.
April 10 2023 Update: Bloomberg is running an intriguing report on a brand new law that has been passed in New Jersey that is shedding new light on the funding of litigation in the baby powder class action lawsuit. Funders for litigation Virage Capital Management and TRGP Capital invested in hundreds of claims that were brought against Johnson & Johnson (J&J) over talc products in exchange for a share of any profits. J&J is now offering the payment of $8.9 billion in settlements for all lawsuits.
The involvement of funders is public knowledge due to an New Jersey court rule requiring the disclosure of certain information about funders outside the state. The rule aims to address the rising calls for regulation of the litigation funders. J&J faces over 60,000 claims when you combine state and federal child powder-related lawsuits. Third-party funding for mass tort lawsuits has pros and pros and. There is no doubt that we are witnessing how third-party funding could level the playing field for individuals and big corporations in the courtroom.
April 4, 2023 Update: It’s interesting to watch the worm turn in this lawsuit. J&J suffered another setback this week, when an appeals court in the Third Circuit denied J&J’s request to extend the automatic stay while J&J appeals an appeal to the U.S. Supreme Court. The automatic stay has halted hundreds of cases involving talcum powder and prevented new lawsuits from arising ever since J&J launched the controversial attempt to spin the talc liability off into a bankrupt subsidiary over one year ago. Gold bond no talc. After it was decided that the 3rd Circuit ruled that this bankruptcy was not valid a few months ago, the stay was lifted. J&J was hoping to have it continued pending an appeal to the SCOTUS appeal. The answer was no.
April 1st, 2023 Update Johnson & Johnson announced it will appeal its 3rd Circuit bankruptcy loss to the U.S. Supreme Court last week. There is a chance that for the Supreme Court is willing even to hear the appeal? Low.
March 16 2023 Update: With the bankruptcy stay being officially lifted, the very first new cases have been filed and transferred into the talcum powder class action MDL in just over a year. Seven new talc lawsuits were joined to the MDL in the past month and brought the total number of cases pending to 37,522.
February 25 2023 Update This morning, a Congressmen from Tennessee is now demanding that be the U.S. Government Accountability Office (GAO) begin an investigation into the cost J&J products containing talc have cost the government over the decades.
A recent email to the GAO, Rep. Steven Cohen (D-Ten.) claimed that J&J of ignoring the dangers of its talc-based products for many years, while tax dollars were used to treat those who were injured through exposure to the products. The demand comes just weeks after J&J’s significant loss in the 3rd Circuit Court of Appeals.
Gold bond no talc. J&J must begin making fair settlement offers to victims to in putting this behind it. This is a disgrace to one of the most prestigious firms.
February 14 2023 Update: During an earlier hearing in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention to follow his 3rd U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.
You May be Entitled to Significant Compensation Gold bond no talc. 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!