You May be Entitled to Significant Compensation Is talc in cosmetics bad for you. 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 will pay the sum of $400 million US state AGs. Is Talc In Cosmetics Bad For You .
Johnson & Johnson (JNJ.N) has set aside $400 million to address U.S. state consumer protection actions as part of its broader $8.9 billion plan to settle claims that its Baby Powder and other talc products cause cancer. Is talc in cosmetics bad for you.
J&J affiliate LTL Management filed a bankruptcy plan in New Jersey late on Monday which outlines how the company intends to pay different types of cancer victims as part of the bankruptcy settlement. Is talc in cosmetics bad for you. J&J has said that its talc products are safe and won’t cause cancer. It’s trying for another time to settle more than 38,000 lawsuits filed in bankruptcy, as well as prevent new lawsuits from coming forward in the future.
LTL’s bankruptcy plans would deposit $400 million into a separate trust for lawsuits filed in state courts by attorneys general claiming that J&J violated states’ unfair practices as well as consumer protection laws, by deceiving consumers about the dangers of its talc products.
A number of states had already initiated consumer protection cases against J&J prior to the first bankruptcy filing stopped these investigations from taking place in 2021. Is talc in cosmetics bad for you. New Mexico and Mississippi had already filed actions with Johnson & Johnson before then and the states of Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative demands or subpoenas in LTL’s court documents.
New Mexico and Mississippi have filed a petition to end LTL’s bankruptcy in a joint move with cancer victims and those affected by cancer and the U.S. Justice Department’s bankruptcy watchdog. argue that a profit-making firm like J&J can’t benefit from bankruptcy protections intended for struggling debtors.
The company’s initial attempt to resolve the lawsuits in bankruptcy was dismissed following similar arguments, when a U.S. appeals court decided that LTL was not in “financial trouble” and ineligible for bankruptcy protection. Is talc in cosmetics bad for you. LTL filed a second bankruptcy in just two hours following the decision to dismiss, arguing that the second bankruptcy was different in that it had less money available and more support for an agreement.
New Mexico and Mississippi said in their motion for dismissal that LTL’s renewed bankruptcy violates the law enforcement powers of the state in attempting to unilaterally limit the liability of the company in state consumer protection actions.
Is Talc In Cosmetics Bad For You
The filings of LTL’s latest bankruptcy proceedings also include additional details about how the company would evaluate and pay claims for cancer if the bankruptcy plan is approved.
The maximum amount under the settlement would be $500,000 for people diagnosed with mesothelioma terminal prior to age 45, and $260,000 for patients diagnosed with cancer of the ovary before age 45.
The proposed settlement applies discounts depending on the kind and severity of cancer, the individual’s years of age, their history of talc use and other factors. Is talc in cosmetics bad for you. For instance an individual who was using talc products on a weekly basis, who had a family history of ovarian cancer and was diagnosed with an ovarian cancer stage II by age 55 might qualify to receive a payout of $21,125 under the settlement plan.
Judge orders J&J and talc opponents engage in settlement talks.
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 plan to hold negotiations to settle the matter, Bloomberg reports.
With its second bankruptcy bid for LTL Management, a subsidiary set up by J&J to hold the claims–the company offered a settlement amounting to $8.9 billion. Is talc in cosmetics bad for you. While a firm representing plaintiffs agree with the offer, another group is against the settlement.
This week, the opposition group, which is known as the Official Committee of Talc Claimants, urged the bankruptcy court to disqualify the petition by asserting that LTL is not considered to be financially distressed.
“The filing is an incredibly legal and ineffective attempt by a small number of law firms to stop claimants from deciding on the resolution plan–a plan the vast and growing majority of claimants are in favor of,” J&J’s litigation chief Erik Haas, said in a statement. Is talc in cosmetics bad for you. “The law firms involved in this filing have financial interests that clash with, differ from and infringe on the rights which their clientele. We’ll submit a response before the court of appeals.”
Is talc in cosmetics bad for you. Clay Thompson, a lawyer for MRHFM, which is home to more than patients with mesothelioma who have filed lawsuits against J&J claimed that the second bankruptcy attempt of J&J will fail.
“J&J issue press releases about how great the plan is but simultaneously demanding that plan details–including what each sick person will receive — be kept private,” Thompson said in the statement. “What do they have to conceal?”
Kaplan has directed the parties to develop a new arrangement plan under the supervision from two mediators.
In February 2022, Kaplan stated that J&J’s recourse to Chapter 11 to hasten a settlement that would free the company from the tens of thousands of claims related to its talcum-based products.
However, in January of this year, an appeals court in the United States overturned the verdict, ruling that the company was not able to be considered in “financial trouble.”
After J&J’s make an appeal before the U.S. Supreme Court was denied at the end of April J&J applied for its first bankruptcy roughly two hours later. In response to that move, Kaplan froze the lawsuits for 60 days, allowing the company to decide whether or not to accept another bankruptcy.
J&J’s unstoppable profit engine sputters after $6.9B settlement charge for talc.
In the Two Chapter 11 attempts, J&J has gotten 19 months of which the cases were held. Is talc in cosmetics bad for you. The company wants claimants to accept their settlement. J&J would need 75% acceptance for the settlement to be approved.
Alongside the group of talc lawyers that criticized the bankruptcy of the company in the U.S. Trustee, the U.S. Trustee, an arm belonging to the U.S. Department of Justice has also filed an appeal to dismiss the second bankruptcy case of LTL.
In a statement this week, U.S. Trustee Andrew R. Vara wrote that the doors of the bankruptcy court remain “open to honest, but naive debtors.” Those doors “are not open to any parties that lack a legitimate bankruptcy objective or seek to abuse the bankruptcy process to delay or hinder their creditors.” Vara continued.
On the other hand, J&J maintains there is no conclusive evidence that its Talc products, which includes its iconic baby powder, cause cancer. J&J has taken the products from the market and will first launch them for North America in 2020–and the rest of the world this year.
J&J seeks to avoid the costly business of going to trial. J&J has won the majority of the cases that were decided during trial, however, certain losses have been extremely harsh.
A highly-publicized trial in Missouri led to a $4.7 billion verdict against the drugmaker but 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 talc trials that are either in appeal or decided. In 41 trials 32 have ended in the favor of J&J or a mistrial, or plaintiff verdicts that were annulled in appeal. Is talc in cosmetics bad for you. In addition, J&J in 2020 negotiated to settle more than 1,000 cases for the sum of $100 million. Bloomberg reported at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Is Talc In Cosmetics Bad For You
Our lawyers are handling baby powder cases in all 50 states. The talcum powder lawsuits on behalf of Johnson & Johnson have been going on for a long time. Is talc in cosmetics bad for you. The lawsuits assert that long-term use of the powder (or “talc”), the active ingredient in many products, including baby Powder or Shower to Shower which can cause cancer of the ovary in certain women.
This page offers a J&J Talc Power litigation update and provides an overview of how the upcoming bankruptcy ruling impacts the ultimate settlement amount in the Ovarian Cancer lawsuits.
Has the deadline passed for you to start a lawsuit against talcum powder? Many who believe the deadline has passed to sue Johnson & Johnson are wrong. Call us now at 800-553-2082 or get a free and quick review of your case online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Is Talc In Cosmetics Bad For You
June 2 2023 Update: At the trial for asbestos-containing talc that took place in California yesterday, a couple of technical issues interrupted the opening statements made by defense attorneys. Is talc in cosmetics bad for you. Jurors watching from home via Zoom, did hear Johnson & Johnson’s lawyer expressing doubt about the 70s research that claimed asbestos was present in their product, but the opening was abruptly ended.
In the meantime, the plaintiff had the opportunity to introduce an initial witness Arthur Langer. Langer explained that the occurrence of other minerals with the talc mineral is a given. He claimed that his group advised J&J in 1971 about the presence of chrysotile asbestos in the talc manufactured by the company, though at just 0.1 percent. He also uncovered more asbestos in 1976.
June 1st, 2023 Update Is talc in cosmetics bad for you. First trial after J&J made the decision to split its talc division and declare bankruptcy marks an important moment in the ongoing talc litigation drama. Trial started on Monday in the harrowing case of a young 24-year-old plaintiff, diagnosed with an aggressive and rare form of mesothelioma last year. a diagnosis lawyers on both sides acknowledge is a tragic loss.
Opening statements laid bare distinct differences between each side’s narrative. The plaintiff’s attorney took aim on Johnson & Johnson, alleging the use of deceptive strategies in its research practices as well as throughout the litigation procedure. As per the lawyer Johnson & Johnson attempted to alter the definition of asbestos, despite internal documents from 1998 and 1994 that show asbestos fibers in the tissue of the plaintiff are included.
Johnson &J’s tangled $8.9 billion settlement deal hangs in the balance as we progress of this trial. Despite the particularity of this mesothelioma lawsuit and its distinct issues compared to most talcum powder lawsuits, a verdict favoring the plaintiff could result in an unintended setback to Johnson & J’s hope of gaining broad acceptance for their settlement proposal among plaintiffs.
May 31st 2023: Update from Johnson & Johnson’s bankrupted talc unit has vigorously defended their second Chapter 11 filing in the face of challenges from the talc injury plaintiffs. In an opposition filed with the New Jersey bankruptcy court, the subsidiary argued that the case differed fundamentally from the previous filing. The subsidiary emphasized the record-breaking commitment of $8.9 billion from J&J, the largest ever settlement in an bankruptcy case involving mass torts. Is talc in cosmetics bad for you. There was no mention of how the magnitude of the settlement signifies that it’s a fair settlement. J&J also claimed support from several plaintiffs’ legal firms that represent over 60,000 claimants. It is difficult to confirm but likely incorrect.
May 24 2023 Update: As of Johnson &J Johnson’s bankruptcy filing, the first trial regarding the cosmetic talc products it claims to that contain asbestos is scheduled to start jury selection on Monday, California within the Alameda County Superior Court, which is a well-known jurisdiction for plaintiffs. The plaintiff asserts that his mesothelioma was caused by asbestos exposure resulting from J&J’s products, an allegation that the company is denying. The trial also includes six retailers accused of selling talc products.
May 22nd, 2023 Update: Lawyers in the 2nd J&J talc bankruptcy are fighting over who should be chosen to fill the role of a future claims representative. This is an important role critical to resolving talc claims. Is talc in cosmetics bad for you. Randi Ellis, a lawyer who regularly appears in MDLs throughout the country was appointed the claims representative during the first bankruptcy. J&J’s defense attorneys want Ellis to be appointed in that position again, but lawyers for the talc plaintiffs are objecting to the claim that Ellis has conflicts of interest which would prohibit her from taking on that role once more. The dispute stems from possibility that Ellis was believed to have been involved in the drafting of the highly contesting second bankruptcy, which raises questions about her capability to remain neutral. It’s true that this bankruptcy could be tossed out anyway.
May 17, 2023 Update: The pretend company J&J formed for the talc bankruptcy has informed a New Jersey bankruptcy court that they have set aside $400 million to pay the claims brought by states accusing the company of misleading advertising regarding its talc products. Is talc in cosmetics bad for you. This amounts to an $8.5 billion settlement for cancer patients. It’s difficult to envision the scenario in which J&J will be able to push these baby powder settlements through given these numbers. Although J&J’s $8.5 billion offer seems like a lot at first, it does not look good after you calculate the figures. The settlement plan based on our estimates – will not pay victims much more than an average settlement $100,000 per instance. That’s not enough.
May 15th, 2023 Update: J&J is potentially facing a suit from an advocacy group representing cancer patients. Is talc in cosmetics bad for you. The group argues that J&J intentionally withdrew a $61.5 billion fund-raising agreement in conjunction with its affiliate, 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 is a fraud transfer of the right to compensation for victims. They plan to explore J&J’s actions as a result 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 reject the second bankruptcy filing from J&J company LTL Management. In the meantime, however the bankruptcy has issued an Order that requires both parties to participate in a settlement mediation in the hope that an international settlement agreement can be reached.
May 5 2023 Update: The talc provider Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to several lawsuits alleging that its talc products caused cancer through asbestos exposure. Is talc in cosmetics bad for you. Over 2,700 individuals have sued the company and it has been paying $1 million per month on legal defense. The company’s recent $29million settlement at the Supreme Court of South Carolina forced it to pursue bankruptcy protection, and arguing that assets should be distributed in an equitable manner among talc claimants instead of being confiscated from the receiver. Other talc suppliers have also filed for bankruptcy due to litigation.
May 4 2023, Update U.S. The bankruptcy Judge Michael Kaplan has directed Johnson & Johnson to restart settlement discussions with lawyers who rejected the proposed $8.9 billion deal. In Trenton, New Jersey yesterday, the parties appeared in court to discuss next steps to take in the second bankruptcy case. Judge Kaplan encouraged further settlement talks.
This is the solution to resolve these claims for J&J. A baby powder settlement can be completed. Is talc in cosmetics bad for you. However, it will require more money – billions of dollars of Johnson & Johnson.
Lawyers are divided over whether to accept the proposal and not all clients see the issue the same way their lawyer sees it. Second bankruptcy cases are destined to fail, with Judge Kaplan has scheduled a hearing in June to decide if he will discharge the bankruptcy for the 2nd time.
May 3 2023 Update A group of cancer victims suing Johnson & Johnson (J&J) demanded an order from J&J’s Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it is an attempt to halt litigation over talc products. The group of talc claimants submitted a motion on Tuesday requesting the Third Circuit to consider their case and send it back the lower court, with instructions to dismiss the bankruptcy. Is talc in cosmetics bad for you. They also asked that the halted tort litigation against J&J should be permitted to proceed.
LTL requested Chapter 11 protection once again after its first bankruptcy filing was denied in the Third Circuit earlier this year which offered a $8.9 billion agreement. The committee says that the recent ruling, which allows the second Chapter 11 to continue, as well as halting the trials against J&J, warrants urgent Third Circuit review. The US Trustee also requested that it be requested that 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 reply to the appeals court characterizing the filing as a “desperate and legally deficient effort” by a handful of law firms that have conflicts of financial interests.
May 1 2023 Update: A common question that people ask is how plaintiffs and their lawyers turn around $8.9 billion. Of course, that’s an enormous amount of money. However, there are lots of victims. Is talc in cosmetics bad for you. These are an excellent cases for plaintiffs. We were reminded of this recently with two talc trials led to huge verdicts for plaintiffs. In February, a talcum powder mesothelioma trial in Oregon resulted in an award that was $18.1 million. The following month, a second mesothelioma trial involving talc was held for the court on the other side of South Carolina and resulted in the verdict of $29 million for the plaintiff. Both cases were defended by Whittaker, Clark & Daniels Inc. which is one of the top 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, they came with an offer to put aside $2 billion to settle the case. This was an absurdly low amount. All of the talc plaintiffs believed in the offer. This time around, however, J&J has increased the offer to $8.9 if the talc plaintiffs accept a bankruptcy settlement and also has the support of a large part of the talc-related plaintiffs and their attorneys. Is talc in cosmetics bad for you. But 75% of the plaintiffs of talc are required to approve bankruptcy plans, it a tough road since there are so many lawyers with vast inventories of baby powder litigations opposed against the proposed settlement.
What is the solution to this impasse? More billions.
April 25 2023 update: Talc plaintiffs have sought a court order to reject the Chapter 11 case filed by LTL Management LLC, a absurdly fabricated 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 powders cause cancer. Is talc in cosmetics bad for you. In the end, however, the 3rd Circuit dismissed its first Chapter 11 case in January, saying LTL was not eligible for bankruptcy relief because it was unable to demonstrate financial trouble.
The claimants argue that LTL’s 2nd Chapter 11 case is an abuse of the bankruptcy system and it’s being conducted in bad good faith. J&J claims the bankruptcy settlement is backed by “significant backing” from firms representing about 60,000 potential people who are claiming. It’s safe to say that plaintiffs’ lawyers and the victims are split over the $8.9 billion deal.
April 21st, 2023 Update: A bankruptcy judge has ruled the company Johnson & Johnson must face new lawsuits alleging that the firm sold tainted baby powder causing cancer. Although trials for talc lawsuits are paused for a minimum period of 60 days and new lawsuits are able to be filed, and lawyers can begin preparing their cases. Is talc in cosmetics bad for you. The judge expressed skepticism over J&J’s pathetic attempt to relaunch its strategy in a second bankruptcy trial.
April 13, 2023 Update: major announcement is an $8.9 billion over the course of 25 years settlement offer. Lawyers representing cancer victims who are part of the MDL class action have pledged to fight the settlement alongside Talc claimants. Why? They feel it’s not enough to pay for 70 000 cancer patients. Is talc in cosmetics bad for you. These lawyers argue that J&J should negotiate a larger settlement or even litigate individuals’ claims if the current bankruptcy is declared unconstitutional.
There is a different group of lawyers that is not part of the leadership in group action. These lawyers have amassed tens of thousands of cases. They want to settle for what is believed to be lower than what the victims should be paid. Their argument is twofold. They argue that the settlement – which amounts to 100 million dollars on average per plaintiff is fair.
It’s a difficult argument to present. However, their second argument has more force: victims should now not wait and they want their money today.
April 12, 2023 Update: People are asking how J&J is able to file for bankruptcy again. The answer is complicated and convoluted. But let’s try to explain the issue in a simple way.
Johnson & Johnson asserts that bankruptcy is the only way to settle both present and future lawsuits involving talc conclusively. In other words, it thinks it will pay less if there is the bankruptcy element which applies pressure to settle. Is talc in cosmetics bad for you. Going back to the 400-year span of American past, the company asserts that bankruptcy benefits everyone by dispersing settlement payments more evenly and efficiently than trial courts, where some litigants receive significant awards while others receive nothing.
The main thrust in this 3rd Circuit decision was this is not a case of the profit-making company that has a subsidiary to take the legal responsibility and declare bankruptcy – something Congress contemplated when drafting the Bankruptcy Code. However, the court also ruled that the subsidiary was not financially distress because J&J promises unlimited funding.
Thus, J&J did not hesitate to take advantage of the unlimited funding aspect of the agreement but did not pledge that it would provide unlimited funds for cases. The company claims that its modified financing arrangements with its subsidiary address the concerns of the appellate court, while providing funds for claims. In the hope that offering victims lower amounts of money would resolve the overarching problem.
Lawyers representing cancer patients who oppose the agreement counter this with what you conclude is a defense against legal nonsense by pointing out legal absurdity: J&J fraudulently transferred $50 billion in assets away from LTL Management to circumvent the appeals court’s ruling. Hyperbole is not exempt by the victims’ lawyers, who call this the biggest “fraudulent move that has occurred in United States history.”
Notwithstanding the legal mumbo jumbo, J&J does not really believe this bankruptcy will be able to last. But it is a way of pushing this $8.9 billion settlement, and to keep pressure on plaintiffs.
April 10 2023 Update Bloomberg has an interesting piece on a 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. The funders who fund litigation Virage Capital Management and TRGP Capital invested in hundreds of claims from Johnson & Johnson (J&J) regarding talc products, in exchange for a share of any profits. J&J is now offering the payment of $8.9 billion to settle all lawsuits.
The involvement of funders is public knowledge due to a New Jersey court rule requiring the release of certain details about outside funding backers. The law is designed to tackle the growing demands for regulation of the litigation funders. J&J has to deal with more than 60,000 lawsuits when you combine state and federal infant powder litigation. Third-party funding in mass tort claims has its pros and pros and. However, there is no doubt that we are witnessing how third-party funding can level the playing field between individuals and big corporations in the courtroom.
April 4, 2023 Update: It’s enjoyable to see the worm turning in this litigation. J&J was hit again this week when they were denied by the Third Circuit denied J&J’s request to extend the automatic stay while J&J appeals an appeal before the U.S. Supreme Court. This automatic stay frozen hundreds of cases involving talcum powder and prevented new lawsuits from getting filed ever since J&J began the controversial plan to spin the talc liabilities into a bankrupt subsidiary more than one year earlier. Is talc in cosmetics bad for you. After it was decided that the 3rd Circuit ruled that this bankruptcy was insufficient a few months ago, the stay was revoked. J&J had hoped to have it continue in the meantime of its SCOTUS appeal. But 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. The odds that is that the Supreme Court is willing even to consider the appeal? Low.
March 16th, 2023 Update: with the bankruptcy stay having been fully lifted, the first new cases were filed and incorporated into the class action involving talcum powder MDL in the space of a year. Seven new talc-related lawsuits were included in the MDL during the month of March increasing the number of cases pending to 37,522.
February 25, 2023 Update: A Congressmen from Tennessee is now demanding that be the U.S. Government Accountability Office (GAO) start an investigation into the cost J&J products containing talc have cost the government over the years.
In a recent letter to the GAO, Rep. Steven Cohen (D-Ten.) claimed that J&J of not recognizing the risks of its talc product for decades while tax dollars were spent treating those injured by exposure to the product. This lawsuit comes a few weeks following J&J’s dramatic loss in the 3rd Circuit Court of Appeals.
Is talc in cosmetics bad for you. J&J must begin making reasonable settlements to victims to in putting this behind. This is a disgrace to one of the most prestigious businesses.
February 14 , 2023 Update: At a hearing today at the hearing in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention following the ruling of 3rd U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.
You May be Entitled to Significant Compensation Is talc in cosmetics bad for you. 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!