You May be Entitled to Significant Compensation Is talc safe in cosmetics. 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 be worth $400 million to US state AGs. Is Talc Safe In Cosmetics .
Johnson & Johnson (JNJ.N) has put aside $400 million to settle U.S. state consumer protection actions as part of its broader $8.9 billion deal to settle allegations that it’s Baby Powder and other talc product causes cancer. Is talc safe in cosmetics.
J&J subsidiaries LTL Management filed a bankruptcy plan in New Jersey late on Monday that outlines how the firm plans to pay different kinds of cancer victims as part of bankruptcy settlement. Is talc safe in cosmetics. J&J has declared that its products containing talc are safe and do not cause cancer. It’s trying for the second time to end more than 38,000 lawsuits in bankruptcy, as well as prevent new lawsuits from being filed in the near future.
LTL’s bankruptcy plan will pay $400 million into an additional trust to settle claims filed with state attorneys general alleging that J&J did not comply with the state’s unfair commercial practices and consumer protection laws through misleading consumers about the safety of its talc products.
Many states had initiated consumer protection actions against J&J prior to LTL’s bankruptcy filing prevented those investigations from moving forward in 2021. Is talc safe in cosmetics. New Mexico and Mississippi had already initiated lawsuits for damages against Johnson & Johnson before then and the states of Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative subpoenas or demands in LTL’s court documents.
New Mexico and Mississippi have filed a petition to end LTL’s bankruptcy, joining cancer victims as well as those affected by cancer and the U.S. Justice Department’s watchdog on bankruptcy, who have argued that a profitable business like J&J cannot benefit from bankruptcy protections intended for struggling debtors.
The first time LTL attempted to settle the bankruptcy lawsuits was dismissed following similar arguments. The U.S. appeals court decided that LTL was not in “financial trouble” and ineligible of bankruptcy protection. Is talc safe in cosmetics. LTL had filed for bankruptcy again just over two hours after the dismissal, arguing its second attempt was different in that there was less money available and more support for the possibility of settling.
New Mexico and Mississippi said in their motion to dismiss that LTL’s bankruptcy renewal violates state law enforcement authorities in attempting to unilaterally limit LTL’s liability to state consumer protection laws.
Is Talc Safe In Cosmetics
LTL’s filings for the new year also contained additional details about how the company would evaluate and settle cancer claims in the event that the bankruptcy plan is approved.
The most significant payments under the settlement would be $500,000 for people diagnosed with terminal mesothelioma before age 45 and $260,000 for those diagnosed with terminal ovarian cancer before age 45.
The proposed settlement applies discounts depending on the severity and type of cancer, the patient’s years of age, their history of using talc and other factors. Is talc safe in cosmetics. For example, a woman who used daily talc products, had an ancestral history of ovarian cancer and was diagnosed with an ovarian cancer stage II at the age of 55 may be eligible for a $21,125 payout under the settlement plan.
Judge orders J&J and talc opponents take part in settlement talks.
Following another round of hearings in Johnson & Johnson’s effort to employ a Texas Two Step bankruptcy strategy to resolve talc litigation, federal bankruptcy Judge Michael Kaplan has ordered the firm and the people who opposed the move to conduct settlement talks, Bloomberg reports.
With its second bankruptcy attempt for LTL Management, a subsidiary created by J&J to handle the claims company made a settlement offer of $8.9 billion. Is talc safe in cosmetics. While a firm representing plaintiffs agree with the offer, another group opposes the move.
This week, the opposition group, which is known as the Official Committee of Talc Claimants requested the bankruptcy court to dismiss the case asserting that LTL cannot be regarded as in financial distress.
“The filing is a desperate and legally deficient attempt by a few of law firms to stop claimants from voting on the resolution plan – a plan that the vast majority of claimants favor,” J&J’s litigation chief Erik Haas, said in a statement. Is talc safe in cosmetics. “The law firms that are behind the filing are pursuing financial interests which do not align with, diverge from and infringe on the rights which their clientele. We’ll be submitting an appeal an appeal to the appellate court.”
Is talc safe in cosmetics. Clay Thompson, a lawyer for MRHFM, which boasts more than mesothelioma clients who have filed lawsuits against J&J for bankruptcy, told the company’s second bankruptcy try failed.
“J&J issue press releases about how great its plan is, while insisting that the details of its plan–including the treatment the individual sick individuals would receive,” Thompson said in the statement. “What do they have to hide?”
Kaplan has commanded the parties to come up with another restructuring plan, with the 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 would relieve the company from the hundreds of thousands of claims related to its talcum-based products.
But in January of this year a federal appeals court overturned the verdict, ruling that the company was not able to be considered in “financial difficulty.”
In the event that J&J’s request to challenge the U.S. Supreme Court was dismissed on April 1, J&J was granted a second petition for bankruptcy about two hours later. In response to that move, Kaplan froze the lawsuits for 60 days to decide whether or not to accept another bankruptcy.
J&J’s omnipotent profit engine fails after $6.9B settlement charge for talc.
With the 2 Chapter 11 attempts, J&J has gotten 19 months of which cases were put in limbo. Is talc safe in cosmetics. The company would like claimants to decide whether they want to accept the settlement. J&J needs 75% acceptance for the settlement to be approved.
Alongside the group of talc lawyers who panned the company’s bankruptcy play, the U.S. Trustee which is a division of the U.S. Department of Justice has also filed an application to dismiss LTL’s second bankruptcy.
In a filing this week, U.S. Trustee Andrew R. Vara wrote that the the bankruptcy court remain “open to honest but unfortunate debtors.” These doors “are not open to any parties who do not have a legitimate bankruptcy goal or who seek to use the bankruptcy process to hinder or delay their creditors,” Vara continued.
For its part, J&J maintains there is no definitive evidence to suggest that its Talc-based products, such as the famous baby powder, cause cancer. J&J has taken its products off from the market and will first launch them to be available in North America in 2020–and the rest of the world this year.
J&J intends to steer clear of the cost of going to trial. The company has won the majority of the cases that were decided in court, however some losses have been very punitive.
A well-known trial in Missouri produced an $4.7 billion judgment against the drug manufacturer, 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 cases involving talc, which are being appealed or settled. Out of 41 trials 32 have resulted in the favor of J&J or a mistrial, or verdict for a plaintiff that was overturned upon appeal. Is talc safe in cosmetics. In addition, J&J in 2020 moved to settle over 1000 cases for the sum of $100 million. Bloomberg announced at that time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Is Talc Safe In Cosmetics
Our lawyers are handling baby powder cases in every state. The talcum powder lawsuits for Johnson & Johnson have been in the process for several years. Is talc safe in cosmetics. The lawsuits contend that the prolonged use of talcum powder (or “talc”), the active ingredient in products such as Shower to Shower Powder along with Shower to Shower as well as other products, may cause ovarian cancer among some women.
This page offers a J&J update on the talc power litigation and explains how the forthcoming bankruptcy ruling affects the final settlement amounts in these ovarian cancer lawsuits.
Is the deadline for you to bring a talcum lawsuit? Many who assume the time limit has expired to sue Johnson & Johnson are wrong. Call us today at 800-553-8082 or request a no-cost and quick case review online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Is Talc Safe In Cosmetics
June 2 2023 Update: In the asbestos talc case that took place in California yesterday, some technical issues halted the opening speech of defense lawyers. Is talc safe in cosmetics. The jurors, attending from their homes via Zoom however, heard Johnson & Johnson’s lawyer voice his doubt about the science of the 70s asserting the presence of asbestos in their product, but the session abruptly ended.
Meanwhile, the plaintiff had the opportunity to introduce an initial witness Arthur Langer. Langer stated that the presence of other minerals with talc is expected. He said that his team was notified by J&J in the year 1971 of the presence of chrysotile asbestos the company’s talc, albeit with less than 0.1 percent. He also found more asbestos in 1976.
June 1st, 2023 Update: Is talc safe in cosmetics. The first trial since J&J has decided to separate its Talc division, and then declare bankrupt marks a pivotal moment within the ongoing litigation story. Trial began yesterday in the tragic trial of a young plaintiff who was diagnosed with a rare and aggressive type of mesothelioma in the past year, a diagnosis lawyers on both sides of the argument agree is a tragic loss.
Opening statements revealed distinct differences between each side’s narrative. The plaintiff’s attorney took aim at Johnson & Johnson, alleging the use of deceptive tactics in research practices and throughout the litigation procedure. The attorney claims that, according to Johnson & Johnson attempted to alter asbestos’ definition, despite internal documents from between 1978 and 1994 that showed asbestos fibers found in tissues of the plaintiff are part of.
Johnson & Johnson’s uncertain $8.9 billion settlement proposal hangs in the balance with the course of this trial. Despite the distinctive nature of the mesothelioma trial and its unique challenges compared to other talcum powder lawsuits and a decision in favor of the plaintiff could cause the company with a major setback in its expectations of widespread acceptance of their proposed settlement among plaintiffs.
May 31, 2023 Update: Johnson & Johnson’s bankrupted talc unit has is defending the second Chapter 11 filing in the in the face of challenges from injured talc claimants. In an objection submitted to the New Jersey bankruptcy court, J&J’s subsidiary claimed that the situation was fundamentally different from the previous filing. The subsidiary emphasized the record-breaking commitment of $8.9 billion by J&J as the largest settlement ever made in any bankruptcy case that involves mass tort. Is talc safe in cosmetics. The issue is not discussed: whether the size of the settlement means it is a fair settlement. J&J also claimed that it received support from numerous plaintiffs’ law companies representing over the 60,000 plaintiffs. It is difficult to confirm however it is likely to be incorrect.
May 24, 2023 Update: Since Johnson & Johnson’s 2021 bankruptcy filing, the very first trial on its cosmetic talc items allegedly that contain asbestos is scheduled to begin jury selection on Monday, May 24, California in Alameda County Superior Court, a historically good court for plaintiffs. Plaintiff claims that mesothelioma was caused by asbestos exposure in J&J’s product, an allegation that the company is denying. The trial also involves six retailers accused of selling talc products.
May 22nd, 2023 Update: Lawyers involved in the second J&J Talc bankruptcy are in a dispute over who should be chosen to fill the position of future claims representative. This is which is vitally critical to resolving claim for talc. Is talc safe in cosmetics. Randi Ellis, a lawyer who is frequently involved in MDLs throughout the country was appointed the claims representative in the first bankruptcy. J&J’s defense team wants Ellis to be appointed in that position yet again, but the lawyers for the talc plaintiffs are protesting due to the fact that Ellis has conflicts of interest that would prevent her from taking on that role once more. The issue stems from the possibility that Ellis was apparently involved in the drafting of the highly contesting second bankruptcy, which raises questions about her capability to remain neutral. It’s true that the bankruptcy will be dismissed regardless.
May 17, 2023 Update The fake company J&J put together to handle the bankruptcy of talc disclosed to an New Jersey bankruptcy court that they have allocated $400 million to settle claims brought by states accusing the company of deceitful advertising regarding its talc products. Is talc safe in cosmetics. This amounts to an $8.5 billion settlement for cancer sufferers. It is hard to imagine a scenario where J&J can push the settlements of baby powder through given these numbers. While J&J’s $8.5 billion offer may seem like a lot initially, it may not look very appealing when you do the math. The proposed settlement based on our estimates – will not offer victims anything more than an average settlement $100,000 per instance. This isn’t enough.
May 15 2023 Update J&J could be facing lawsuit brought by an advocacy group that represents cancer victims. Is talc safe in cosmetics. The group argues that J&J deliberately withdrew a $61.5 billion financing agreement that it had with its company subsidiary LTL Management LLC, to create the appearance of financial hardship and verify the unit’s Chapter 11 bankruptcy filing. The group asserts this action is a fraud transfer of the victims’ compensation rights. They are planning to study J&J’s actions as a result of the decision to dismiss the LTL’s bankruptcy case in its first instance.
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 of J&J company LTL Management. However, in the meantime, LTL Management has filed an order calling for both parties to take part in a new settlement mediation in the hope that it will be possible to reach a global settlement agreement brokered.
May 5th, 2023 Update: Talc supplier Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to numerous lawsuits alleging its talc products caused cancer from asbestos exposure. Is talc safe in cosmetics. More than 2700 people have filed lawsuits against the firm, and it was paying $1 million per month on legal defense. The company’s recent $29million verdict at the Supreme Court of South Carolina forced it to seek bankruptcy protection, arguing for a fair distribution of assets among talc claimants instead of being seized by the receiver. Other talc suppliers have also been forced to file for bankruptcy as a result of the litigation.
May 4 2023 Update: U.S. Bankruptcy Judge Michael Kaplan has directed Johnson & Johnson to restart talks with lawyers who rejected the company’s proposed $8.9 billion settlement offer. In Trenton, New Jersey yesterday, the parties appeared before a judge to discuss next steps for another bankruptcy proceeding. Judge Kaplan encouraged further settlement talks.
This is the answer to resolve these claims for J&J. A baby powder settlement can be made. Is talc safe in cosmetics. But it will require more money – billions of dollars from Johnson & Johnson.
Lawyers are divided on whether to take the proposal or not and not all clients view the situation the same way their lawyer does. A second bankruptcy proceeding is expected to fail, as Judge Kaplan has scheduled a hearing for June to determine whether to dismiss the bankruptcy for the second time.
May 3 2023 Update: A group of cancer victims who are suing Johnson & Johnson (J&J) requested that they request that the Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it is an attempt to halt litigation regarding talc-related products. The group of talc claimants submitted a motion on Tuesday, asking the Third Circuit to consider their case and then send it back before a court of lower jurisdiction with instructions for dismissing the bankruptcy. Is talc safe in cosmetics. They also asked that stopped tort litigation against J&J should be permitted to proceed.
LTL filed for Chapter 11 protection once again following the bankruptcy filing it made earlier was denied by the Third Circuit earlier this year and offered a $8.9 billion settlement. The committee says that the recent ruling which allowed LTL’s second Chapter 11 to continue, as well as halting the trials against J&J is a reason for an immediate 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 global 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 an “desperate and legally insufficient plan” by a select group of law firms that have conflicting financial interests.
May 1, 2023 Update: One frequently asked question is how the plaintiffs’ lawyers and their clients turn down $8.9 billion. Of course, that is quite a sum. However, there are lots of victims. Is talc safe in cosmetics. These are actually a good cases for plaintiffs. We were reminded of this recently when two talc cases led to huge verdicts for the plaintiffs. In February mesothelioma, a talcum-based powder trial in Oregon resulted in an award in the amount of $18.1 million. In the same month, a different mesothelioma-related talc case went to hearing at South Carolina and resulted in the verdict of $29 million in favor of plaintiff. Both cases were defended by Whittaker, Clark & Daniels Inc. one of the most prominent suppliers of talc in the U.S.
April 30 2023 Update: When J&J first tried to bring the talcum powder litigation into bankruptcy, they came with the option of putting aside $2 billion to settle the case. The amount was absurdly low. None of the talc plaintiffs agreed with it. This time, J&J has increased the offer to $8.9 If the talc plaintiffs will allow a bankruptcy settlement and they have the support of a substantial section of the talc victims and their lawyers. Is talc safe in cosmetics. But 75% of the talc plaintiffs, which is needed for approval of the bankruptcy plan is a difficult road with so many lawyers with huge stocks of baby powder lawsuits that are opposed to the settlement.
What is the solution to this impasse? More billions.
April 25 2023, Update Talc Cancer victims have asked a judge to disqualify their Chapter 11 case filed by LTL Management LLC, a absurdly-made-up Johnson & Johnson subsidiary, declaring that the company isn’t financially strained. LTL has filed for Chapter 11 to settle tens of thousands of claims that J&J’s baby powders caused cancer. Is talc safe in cosmetics. The 3rd Circuit dismissed its first Chapter 11 case in January, saying LTL was not eligible for bankruptcy relief as it had not demonstrated financial distress.
The claimants assert that the second Chapter 11 case is an fraud on the bankruptcy system and it’s being pursued in bad faith. J&J claims the bankruptcy settlement has “significant support” from companies representing approximately 60,000 plaintiffs. It’s fair to say that the plaintiffs’ attorneys and the victims are split over this $8.9 billion deal.
April 21, 2023 Update: A bankruptcy judge has decided in favor of Johnson & Johnson must face new lawsuits alleging that it sold a baby powder that contained a chemical that causes cancer. While trials in the lawsuits involving talc are delayed for at least 60 days however, new lawsuits may be filed, and lawyers are able to begin preparing their cases. Is talc safe in cosmetics. The judge expressed his doubts about J&J’s ridiculous effort to revive its plan with another bankruptcy case.
April 13 2023 update: the most important update is about the $8.9 billion over the next 25 year period settlement offered. Lawyers representing cancer patients who are part of MDL class action MDL class action have promised to challenge the settlement those who claim talc. Why? They feel it’s not enough for those suffering from cancer who are 70,000. Is talc safe in cosmetics. They argue that J&J should seek a bigger settlement or pursue individual claims if the latest bankruptcy is declared unconstitutional.
But there is another set of lawyers who are not part of the leadership of that class action. They have amassed the equivalent of tens of thousands of lawsuits. This group wants to settle the case now for what many argue is less than the victims deserve. Their argument seems to be two-fold. They argue that the settlement – about 100 million dollars on average per plaintiff – is fair.
This is an argument that is difficult to present. However, their second argument has more teeth: victims can not afford to wait any longer and need their money today.
April 12 2023 Update: Some people are asking how J&J can go through bankruptcy once more. The answer is complex and confusing. However, let’s attempt to explain it clearly.
Johnson & Johnson asserts that bankruptcy is the only option to address both present and future talc litigations in a definitive manner. That is, it thinks it can get a lower rate when there is the bankruptcy element which applies pressure to settle. Is talc safe in cosmetics. Driving past more than 400 years in American history, the firm claims that bankruptcy benefits all parties because it distributes settlements more fairly and more efficiently than trial courts in which some litigants receive substantial awards while others receive nothing.
The gist of this 3rd Circuit decision was this is not a matter of one that makes a profit, but an entity to assume the legal burden and declare bankruptcy Congress considered when it was drafting the Bankruptcy Code. But it also said it was not financially difficulty due to the fact that J&J promises unlimited funding.
Thus, J&J jumped on the unlimited funding part of the contract but did not pledge to fund unlimited lawsuits. J&J claims that its modified financing arrangements with its subsidiary addresses the concerns of the appellate court, while providing funds for claims. As if offering victims lesser money could solve the overall issue.
Lawyers representing cancer patients who are against the agreement argue this with what you conclude is a defense against legal nonsense by pointing out legal nonsense: J&J fraudulently transferred $50 billion of assets from LTL Management to circumvent the appeals court’s earlier decision. Hyperbole was not spared attorneys representing the victims claim it the most significant “fraudulent deal ever in United States history.”
Notwithstanding the legal mumbo jumbo, J&J does not really believe that this bankruptcy will last. But it’s a way of pushing this $8.9 billion settlement, and to keep the pressure on plaintiffs.
April 10 2023 Update: Bloomberg offers an informative article about a new law that has been passed in New Jersey that is shedding new light on litigation funding in the Class action suit. Funders for litigation 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 profits. J&J has now offered an offer of $8.9 billion to settle all lawsuits.
The funders’ involvement is public information due to the New Jersey court rule requiring the disclosure of certain information regarding outside funding backers. The rules aim to respond to the increasing calls for the regulation of litigation funders. J&J faces over 60,000 claims when you take into account state and federal baby powder lawsuits. Third-party financing in mass tort cases has pros and cons. But there is no question that we are seeing how third-party financing can help level the playing field between people and big companies in the courtroom.
April 4 2023 Update: It is interesting to watch the worm turn in this case. J&J took another hit this week, when it was found that the Third Circuit denied J&J’s request to maintain the automatic stay during the time that J&J appeals an order granting bankruptcy at the U.S. Supreme Court. This automatic stay frozen thousands of talcum cases and stopped any new lawsuits from getting filed ever since J&J launched the controversial attempt to spin the talc debts into a bankrupt subsidiary more than one year earlier. Is talc safe in cosmetics. When the 3rd Circuit ruled that this bankruptcy was insufficient only a few months back, the stay was revoked. J&J wanted to see it remain in effect until the 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 likelihood that of the Supreme Court is willing even to consider the appeal? Low.
March 16th 2023 Update: With the bankruptcy stay now fully lifted, the first new cases were filed and incorporated into the Talcum Powder class action MDL in the space of a year. Seven new talc lawsuits were brought into the MDL over the last month and brought the total number of cases that are pending to 37,522.
February 25 2023 Update: A Congressmen from Tennessee is now requesting that authorities from the U.S. Government Accountability Office (GAO) launch an investigation into the amount J&J products containing talc have cost the government over the decades.
in a letter addressed to the GAO, Rep. Steven Cohen (D-Ten.) has accused J&J of ignoring the dangers of its talc-based products for long while tax dollars spent treating those injured by exposure to the products. The suit comes just a few days after J&J’s major loss in the 3rd Circuit Court of Appeals.
Is talc safe in cosmetics. J&J should begin to make reasonable settlement offers for victims in order getting this behind it. It is a stain on one of the most prestigious companies.
February 14 2023 Update: In an earlier hearing at the hearing in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention in light of the ruling of 3rd U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.
You May be Entitled to Significant Compensation Is talc safe in cosmetics. 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!