You May be Entitled to Significant Compensation Industrial talc 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 pay $440 million US state AGs. Industrial Talc Asbestos .

Johnson & Johnson (JNJ.N) has put aside $400 million to address U.S. state consumer protection actions as part of a larger $8.9 billion settlement of allegations that its Baby Powder and other talc-based product causes cancer. Industrial talc asbestos.

J&J company subsidiary LTL Management filed a bankruptcy plan in New Jersey late on Monday which outlines how the company intends to pay different types of cancer patients in the bankruptcy settlement. Industrial talc asbestos. J&J has said that its talc products are safe and won’t cause cancer. The company is trying for the second time to end more than 38,000 lawsuits filed in bankruptcy and stop new cases from being filed in the near future.
LTL’s bankruptcy plan will pay $400 million into an additional trust to settle claims made in state courts by attorneys general alleging that J&J had violated state unfair business practices as well as consumer protection laws, by deceiving consumers about the safety of its talc products.

A number of states had already initiated consumer protection actions against J&J prior to LTL’s bankruptcy filing stopped those investigations from progressing in 2021. Industrial talc asbestos. New Mexico and Mississippi had already initiated suits for damages against Johnson & Johnson before then, and the states of Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative requests or subpoenas according to court filings.

New Mexico and Mississippi have taken steps to halt the bankruptcy of LTL, joining cancer victims as well as the U.S. Justice Department’s watchdog on bankruptcy, who argue that a profit-making business like J&J cannot benefit from bankruptcy protections meant for struggling debtors.
The first attempt by LTL to resolve the bankruptcy-related lawsuits was rejected after the same arguments. The U.S. appellate court ruled it was not LTL did not have “financial distress” and therefore not eligible of bankruptcy protection. Industrial talc asbestos. LTL had filed for bankruptcy again just over two hours after the dismissal, arguing its second attempt was different because 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 renewed bankruptcy violates the state’s law enforcement authority in attempting to unilaterally limit LTL’s liability to state consumer protection measures.

Industrial Talc Asbestos

LTL’s filings for the new year also contained additional details about how the company would assess and pay for cancer claims if the bankruptcy plan is approved.

The most significant payments under the settlement will be $500,000 for people diagnosed with cancer of the mesothelioma ovary before age 45 and $260,000 for people diagnosed with terminal ovarian cancer before age 45.

From there, the proposed settlement provides discounts based on the kind and severity of cancer, an individual’s age, history of using talc and other factors. Industrial talc asbestos. For instance the case of a woman who used the talc product on a regular basis, had the family history of ovarian cancer and was diagnosed Stage II cancer of the ovary at the age of 55 could be in line for a $21,125 payment under the plan.

Judge decides J&J and talc oppositionists to take part in settlement talks.

Following another round of hearings in Johnson & Johnson’s attempt to implement a Texas Two-Step bankruptcy strategy to settle talc lawsuits, federal bankruptcy Judge Michael Kaplan has ordered the company and those opposing the plan to hold 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 settle claims – the company made a settlement offer of $8.9 billion. Industrial talc asbestos. While a group of law firms representing plaintiffs agree with the proposal, another group opposes the move.

The previous week, the opposition group, called”The Official Committee of Talc Claimants in the bankruptcy court, demanded to dismiss the case arguing 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 stop claimants from voting on the resolution, which the vast majority of claimants support,” J&J’s litigation chief Erik Haas, said in a statement. Industrial talc asbestos. “The law firms who filed their filing are financially oriented and have conflicts that are in conflict with, contradict and are in opposition to the interests of their clients. We’ll soon submit an appeal to the appellate court.”

Industrial talc asbestos. Clay Thompson, a lawyer for MRHFM which includes more than mesothelioma clients who have sued J&J, said that the second bankruptcy attempt of J&J failed.

“J&J issue press releases about how great its plans are, but is insisting that the plan’s details, including what the individual sick individuals would receive–be kept secret,” Thompson said in the statement. “What do J&J have to hide?”

Kaplan has instructed both sides to develop a new restructuring plan, with supervision of two mediators.

The court in February of 2022 Kaplan affirmed the ability of J&J’s use of Chapter 11 to hasten a settlement that will free J&J from the tens of thousands of claims over its talcum products.

But in the month of January, an appeals court of the federal government overturned the ruling, ruling that the business could not be considered in “financial trouble.”

When J&J’s attempt to make an appeal before the U.S. Supreme Court was rejected in April, J&J declared bankruptcy just two hours later. In response to that move, Kaplan froze the lawsuits for 60 days to decide whether or not to approve to file for bankruptcy again.

J&J’s omnipotent profit engine fails after $6.9B settlement charge for talc.

With 2 Chapter 11 attempts, J&J has bought 19 months during which cases have been held. Industrial talc asbestos. The company would like claimants to decide whether they want to accept the settlement. J&J requires 75% acceptance for the settlement to be approved.

In addition to the group of talc lawyers who criticised the company’s bankruptcy play as well, the U.S. Trustee, an arm belonging to the U.S. Department of Justice was also the one to file an appeal to dismiss LTL’s bankruptcy second case.

In a letter filed this week, U.S. trustee Andrew R. Vara wrote that the the bankruptcy court are “open to honest, but naive debtors.” These 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.

To its credit, J&J maintains there is no proof conclusive that their Talc products, which includes its iconic baby powder, can cause cancer. J&J has been taking 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 court. It has prevailed in the majority of cases that have been decided during trial, however, certain losses have been extremely punishing.
A high-profile trial in Missouri produced an $4.7 billion verdict against the drugmaker, which 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 involving talc that are appealing or resolved. Out of 41 trials, 32 of them ended in a win by J&J either through a mistrial or plaintiff verdicts that were reversed after appeal. Industrial talc asbestos. Separately, the company in 2020 sought to settle over 1000 cases at a cost of $110 million. Bloomberg stated at the time.

Talcum Baby Powder Ovarian Cancer Lawsuit – Industrial Talc Asbestos

Our lawyers handle baby powder cases in all 50 states. The lawsuits involving talcum powder in the case of Johnson & Johnson have been ongoing for years. Industrial talc asbestos. The lawsuits claim that the long-term use of the powder (or “talc”), the active ingredient found in products such as Baby Powder as well as Shower to Shower, can cause ovarian cancer in certain women.

This page gives an J&J talc power litigation update and provides an overview of how the upcoming bankruptcy ruling impacts the ultimate settlement amounts of the ovarian cancer lawsuits.

Has the deadline passed for you to bring a talcum lawsuit? Many who assume the deadline has passed to sue Johnson & Johnson are wrong. Call us today at 800-553-8082 or get a no-cost, quick case review online.

Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Industrial Talc Asbestos

June 2 2023 Update: During the asbestos talc case at the trial in California yesterday, some technical issues disrupted the opening statement by the defense lawyers. Industrial talc asbestos. Jurors from home on Zoom, did hear Johnson & Johnson’s lawyer expressing doubts about the 70s research claiming asbestos was present in their product, but the proceedings abruptly ended.

In the meantime, the plaintiff had the opportunity to introduce its first expert witness Arthur Langer. Langer explained that the occurrence of additional minerals along with the talc mineral is a given. He also testified that his team informed J&J in the year 1971 about the presence of chrysotile asbestos in the talc manufactured by the company, though at less than 0.1 percent. The asbestos was discovered by him in 1976.

June 1, 2023 Update: Industrial talc asbestos. First trial after J&J took the decision to disband its Talc segment and file for bankruptcy is a pivotal moment within the ongoing lawsuit story. 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, an illness that lawyers on both sides acknowledge is a harrowing tragedy.

The opening statements exposed the huge differences between the sides’ narrative. The plaintiff’s attorney took aim towards 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 the company tried to manipulate the definition of asbestos despite internal documents from the year 1978 and 1994 indicating that asbestos fibers found in tissue of the plaintiffs are included.

Johnson & Johnson’s uncertain $8.9 billion settlement proposal hangs in the balance as we course of this trial. Despite the unique nature of this mesothelioma lawsuit and its distinct issues compared to the majority of talcum powder lawsuits and a decision in favor of the plaintiff could cause an unintended setback to Johnson & J’s expectations of widespread acceptance of their proposed settlement among plaintiffs.

May 31st, 2023 Update: Johnson & Johnson’s bankrupted talc unit has is defending the two-time Chapter 11 filing in the in the face of challenges from the talc injury plaintiffs. In an opposition filed with the New Jersey bankruptcy court, J&J’s subsidiary claimed that the situation was fundamentally different from the prior filing. It emphasized the unprecedented commitment of $8.9 billion from J&J, the largest settlement ever made in a mass tort bankruptcy case. Industrial talc asbestos. The issue is not discussed: whether the amount of the settlement indicates that it is a fair settlement. J&J also claimed support from several plaintiffs’ legal firms that represent over 60,000 claimants. This is difficult to verify however it is likely to be incorrect.

May 24, 2023 Update: Since Johnson & Johnson’s 2021 bankruptcy filing, the first trial on its cosmetic talc products allegedly containing asbestos is set to begin jury selection on Monday, May 24, California in Alameda County Superior Court, an historically reliable jurisdiction for plaintiffs. The plaintiff claims that his mesothelioma was triggered by asbestos exposure in J&J’s product, an allegation the company has denied. The trial also includes six retailers who are accused of selling talc-containing products.

May 22, 2023 Update: Lawyers involved in the 2nd J&J Talc bankruptcy are fighting over who should be appointed to the role of a the claims representative in the future, which is vitally essential to the resolution of the claim for talc. Industrial talc asbestos. Randi Ellis, a lawyer who is frequently involved in MDLs throughout the country was appointed the claims representative in the initial bankruptcy. J&J’s defense team would like Ellis to be appointed to this position in the future, however lawyers representing the talc plaintiffs are protesting because Ellis has conflicts of interest that should prevent her from holding that position again. The dispute stems from issue that Ellis was believed to have been involved in drafting the hotly litigated second bankruptcy, raising doubts about her ability to be neutral. However, the reality is that this bankruptcy could be tossed out anyway.

May 17th, 2023 Update: The pretend company J&J formed for the talc litigation bankruptcy informed a New Jersey bankruptcy court that they have designated $400 million to pay the claims brought by states accusing the company of deceitful advertising regarding its talc products. Industrial talc asbestos. That’s an $8.5 billion settlement to cancer victims. It’s hard to imagine an eventuality where J&J will be able to push the settlements of baby powder through at these numbers. While J&J’s $8.5 billion offer seems like a lot of money initially, it may not look very appealing after you calculate the figures. The settlement plan based on our rough calculations would not be able to pay victims more than an average settlement $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 representing cancer victims. Industrial talc asbestos. The group claims J&J deliberately retracted a $61.5 billion fund-raising agreement in conjunction with its affiliate, LTL Management LLC, to create the appearance of financial hardship and validate the unit’s Chapter 11 bankruptcy filing. The group argues that this act amounts to a fraudulent transfer of the rights of victims’ compensation. They will investigate J&J’s actions following of the decision to dismiss the LTL’s bankruptcy case in its first instance.

May 10, 2023 Update: Next week, next week, the U.S. Bankruptcy Court in New Jersey will hear oral arguments in a motion dismiss the second bankruptcy filing that was filed by J&J LTL Management, J&J’s subsidiary. LTL Management. However, in the meantime this bankruptcy court has issued an order which requires both sides to take part in a second settlement mediation to see if the global settlement can be been reached.

May 5, 2023 Update: Talc provider Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to numerous lawsuits alleging that its Talc products caused cancer through asbestos exposure. Industrial talc asbestos. Over 2,700 individuals have sued the firm and it is spending $1 million a month to defend its legal position. The company’s recent $29million verdict at the Supreme Court of South Carolina forced it to file for bankruptcy protection, arguing for an equitable distribution of assets to talc claimants, rather than being taken in the hands of the receiver. Other suppliers of talc have filed for bankruptcy due to legal proceedings.

May 4 2023, Update U.S. Bankruptcy Judge Michael Kaplan has directed Johnson & Johnson to reopen talks with lawyers who rebuffed the company’s proposed $8.9 billion offer for settlement. It was in Trenton, New Jersey yesterday, the parties appeared before a judge to discuss next steps for their second bankruptcy matter and Judge Kaplan encouraged further settlement talks.

This is the way to settle these claims for J&J. A baby powder settlement can be achieved. Industrial talc asbestos. However, it’ll require more money – more billions of dollars – by Johnson & Johnson.

Lawyers are split on whether or not to agree with the proposal and not all clients view the issue the same way their lawyer does. This second case of bankruptcy is expected to go nowhere as Judge Kaplan has set a date for a hearing in June to decide if he will discharge the bankruptcy for the 2nd time.

May 3, 2023 Update: A group of cancer patients who have sued Johnson & Johnson (J&J) requested to have the Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it is a bid to stop litigation over talc products. The committee representing talc claimants filed a motion on Tuesday asking for the Third Circuit to consider their case and then send it back before a court of lower jurisdiction, with instructions for dismissing the bankruptcy. Industrial talc asbestos. The committee also requested that the stoppage of tort litigation against J&J continue to continue.
LTL requested Chapter 11 protection once again following its bankruptcy filing that was rejected in the Third Circuit earlier this year with the possibility of an $8.9 billion agreement. The committee believes that the recent decision allowing LTL’s third Chapter 11 to continue, while also halting trials against J&J is a reason for an immediate Third Circuit review. The US Trustee requested the New Jersey bankruptcy court dismiss the LTL bankruptcy case. J&J’s worldwide vice president of litigation, Erik Haas, was quoted by Bloomberg as saying that J&J plans to file a response in the appeals court characterizing the filing as a “desperate and legally deficient effort” by a select group of law firms who have competing financial interests.
May 1, 2023 Update: One most frequently asked question is how could plaintiffs and their attorneys turn off $8.9 billion. That’s of course an immense amount of money. But there are a lot of victims. Industrial talc asbestos. These are an excellent arguments for plaintiffs. We have been reminded of this recently in two talc trials which resulted in big verdicts for the plaintiffs. In February, a talcum powder mesothelioma trial in Oregon resulted in an award of $18.1 million. A month later, another mesothelioma-related talc case went to the court within South Carolina and resulted in a verdict of $29million on behalf of the plaintiff. In both instances, the defendant was Whittaker, Clark & Daniels Inc. one of the most prominent producers of talc in the U.S.
April 30th 2023 Update: When J&J initially tried to take the lawsuit over talcum powder into bankruptcy, it did so with an offer to put aside $2 billion for settlements. This was an absurdly low amount. There was no one among the talc victims who supported the proposal. However, this time, 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 lawyers. Industrial talc asbestos. But with 75% of plaintiffs of talc are required for bankruptcy plan approval, it a tough road since there are so many lawyers with large inventory of baby powder lawsuits that are opposed to the settlement.

What can be done to end the impasse? More billions.
April 25 2023 update: Talc patients have asked a judge to disqualify the Chapter 11 case filed by LTL Management LLC, a absurdly made-up Johnson & Johnson subsidiary, saying the company is not financially troubled. LTL requested Chapter 11 to settle tens of thousands of claims that J&J’s baby powders caused cancer. Industrial talc asbestos. The 3rd Circuit dismissed its first Chapter 11 case in January The court ruled that LTL was not a candidate for bankruptcy relief since it failed to show financial trouble.

The plaintiffs argue that the second Chapter 11 case is an misuse of the bankruptcy system, and that it’s being pursued in bad good faith. J&J claims the bankruptcy settlement is backed by “significant backing” from companies representing approximately 60,000 people who are claiming. It’s safe to say that plaintiffs’ lawyers and victims ‘ lawyers are not united 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 the company sold baby powder that was contaminated and causing cancer. Although trials for the talc lawsuits have been suspended for at least 60 calendar days, new lawsuits can be filed and lawyers may begin to prepare their cases. Industrial talc asbestos. The judge expressed his doubts about J&J’s absurd attempt to revive its strategy with the second bankruptcy case.

April 13, 2023: Update on the big news is the $8.9 billion over the course of 25 years settlement offer. Lawyers representing cancer victims involved in the MDL collective action pledged to challenge the settlement the talc claimants. Why? They think it is not enough to pay for more than 70,000 cancer victims. Industrial talc asbestos. The lawyers say that J&J should seek a bigger settlement or litigate individual claims if the latest bankruptcy is declared unconstitutional.

But there’s a separate set of lawyers who are not part of the leadership of group action. The lawyers collectively have accumulated hundreds of thousands of cases. The group is seeking to settle today for what many argue is less than these victims deserve. Their argument is twofold. The first is that they claim the settlement – which amounts to 100 million dollars on average per plaintiff is fair.

This argument isn’t easy to argue. The second argument is more teeth: victims can now not wait and they want their money today.

April 12 2023 Update: People are looking for ways J&J can go through bankruptcy once more. The answer is complex and complicated. Let’s try to simplify it clearly.
Johnson & Johnson asserts that bankruptcy is the only method to deal with both present and future talc lawsuits conclusively. Also, it believes it can pay less if there is a bankruptcy component that applies pressure to negotiate a settlement. Industrial talc asbestos. Going back to 400 years of American history, the firm claims that bankruptcy benefits all parties as it distributes settlement payments more evenly and effectively than trial courts where litigants are awarded significant payouts, while others are left with nothing.

The gist in this 3rd Circuit decision was this isn’t a case that involves one that makes a profit, but an affiliate to accept the legal risk and declare bankruptcy – something Congress had in mind when it came to drafting the Bankruptcy Code. However, the court also ruled the company was in financial difficulty because J&J assured it of unlimited funding.
Thus, J&J took advantage of the unlimited funding portion of the deal and did not promise to offer unlimited funding for cases. J&J claims that its updated financing arrangements with its subsidiary address concerns of the appellate court, while offering claim payment funds. As if providing victims with lesser money could solve the problem at hand.

Attorneys representing cancer patients who oppose the agreement counter this by arguing that the plaintiff is countering legal nonsense legal nonsense: J&J fraudulently transferred $50 billion in assets to LTL Management to circumvent the appeals court’s previous decision. The hyperbole wasn’t spared: victims’ lawyers call it the most significant “fraudulent deal ever in United States history.”

Notwithstanding the legal mumbo jumbo, J&J does not really think this bankruptcy will survive. But it is a way 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 article on a new law within New Jersey that is shedding new light on litigation funding in the plaintiffs in the class action. Litigation funders Virage Capital Management and TRGP Capital invested in hundreds of claims in the case of Johnson & Johnson (J&J) concerning talc products in exchange for a portion of any settlements. J&J has now offered the payment of $8.9 billion in settlements for all lawsuits.

The involvement of funders is publicly available because of an New Jersey court rule requiring the release of certain details regarding outside funding backers. The law is designed to address the rising calls for the regulation of litigation funders. J&J faces over 60,000 claims when you add up state and federal baby powder lawsuits. Third-party funding of mass tort cases is not without its pros and pros and. There is no doubt that we are witnessing how third-party financing can help level the playing field between individual and big companies in court.

April 4, 2023 Update: It’s fun to watch the worm turning in this lawsuit. J&J was hit again this week, when an appeals court in the Third Circuit denied J&J’s request to maintain the automatic stay during the time that J&J appeals an order granting bankruptcy to the U.S. Supreme Court. It has halted the cases of talcum powder in a number of years and stopped any new lawsuits from being filed ever since J&J launched the controversial attempt to spin talc-related liabilities off into a bankrupt company over a year earlier. Industrial talc asbestos. After it was decided that the 3rd Circuit ruled that this bankruptcy was not valid some months ago, the stay was removed. J&J was hoping to have it remain in effect until an appeal to the SCOTUS appeal. 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 for the Supreme Court is willing even to take up the appeal? Low.
March 16, 2023 Update: with the bankruptcy stay now fully lifted, the first new cases have been filed and transferred into the Talcum Powder class action MDL in the space of a year. Seven new talc lawsuits were joined to the MDL during the month of March increasing the number of pending cases up to 37,522.

February 25 2023 Update 2023 Update: A Congressmen from Tennessee has now demanded that be the U.S. Government Accountability Office (GAO) begin an investigation into how much J&J Talc products have cost the government in the years.
Recently, in an open letter to the GAO, Rep. Steven Cohen (D-Ten.) claimed that J&J of ignoring the risks of its talc-based products for decades while tax dollars were spent on treating people who suffered injuries from exposure to the chemicals. This lawsuit comes a few weeks after J&J’s loss to the 3rd Circuit Court of Appeals.

Industrial talc asbestos. J&J has to begin making reasonable settlements for victims in order getting this behind it. This is a blemish on one of the top firms.

February 14 2023 Update: At an earlier hearing at the hearing in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention to follow the ruling of 3rd U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.