You May be Entitled to Significant Compensation Is talc safe in foundation. 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 $400 million to US state AGs. Is Talc Safe In Foundation .
Johnson & Johnson (JNJ.N) has set aside $400 million to settle U.S. state consumer protection actions as part of its broader $8.9 billion plan to settle allegations that it’s Baby Powder and other talc items cause cancer. Is talc safe in foundation.
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 in the bankruptcy settlement. Is talc safe in foundation. J&J has declared that its products containing talc are safe and won’t cause cancer. J&J is seeking the second time to end more than 38,000 lawsuits filed in bankruptcy, as well as prevent new lawsuits from coming forward in the near future.
LTL’s bankruptcy plan will pay $400 million into an additional trust to settle claims filed by state attorneys general alleging that J&J was in violation of states’ unfair practices as well as consumer protection laws by misinforming consumers about the dangers of its talc products.
A number of states had already initiated consumer protection measures against J&J before LTL’s first bankruptcy filing prevented these investigations from proceeding in 2021. Is talc safe in foundation. New Mexico and Mississippi had already initiated suit in the past 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 filings.
New Mexico and Mississippi have taken steps to halt the bankruptcy of LTL along with cancer sufferers and their counterparts from 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 people with debt problems.
The first attempt by LTL to resolve the lawsuits in bankruptcy was dismissed following similar arguments. In the end, a U.S. appeals court ruled it was not LTL wasn’t in “financial difficulty” and therefore not eligible of bankruptcy protection. Is talc safe in foundation. LTL made a new bankruptcy application within two hours of the decision to dismiss, arguing that the second bankruptcy was different as it was able to borrow less and more support for an agreement.
New Mexico and Mississippi said in their motion to dismiss LTL’s bankruptcy renewal violates the law enforcement powers of the state by trying to unilaterally cap LTL’s liability to state consumer protection actions.
Is Talc Safe In Foundation
LTL’s recent filings also provided more details on how the company would assess and pay for cancer claims if the bankruptcy plan is approved.
The largest amount of money under the settlement will be $500,000 for those diagnosed with cancer of the mesothelioma ovary before age 45. Is talc safe in foundation. The second payment would be $260,000 for those who have been diagnosed with terminal ovarian cancer before age 45.
From there, the proposed settlement applies discounts depending on the severity and type of the cancer, the person’s age, previous using talc and other factors. Is talc safe in foundation. For example an individual who was using daily talc products, had an ovarian cancer family history, cancer, and was diagnosed with an ovarian cancer stage II by age 55 may be eligible for a $21,125 payout according to the plan.
Judge ordains J&J, talc opponents to participate in settlement talks.
Following another hearing in Johnson &Johnson’s attempt to use a Texas Two-Step bankruptcy strategy to settle talc lawsuits, federal bankruptcy Judge Michael Kaplan has ordered the firm and the people who opposed the move to conduct settlement talks, Bloomberg reports.
In its second bankruptcy effort for LTL Management–a subsidiary established by J&J to hold the claims–the company made a settlement offer of $8.9 billion. Is talc safe in foundation. While a group of law firms representing plaintiffs is in favor of the offer, another group is against the settlement.
In the last week, an opposition group, which is known as”the Official Committee of Talc Claimants in the bankruptcy court, demanded to disqualify the petition argument that LTL cannot be regarded as in financial hardship.
“The filing is a desperate and legally deficient attempt by a handful of law firms to try to prevent claimants from voting on the resolution plan – a plan that the vast majority of claimants approve of,” J&J’s litigation chief Erik Haas, said in a statement. Is talc safe in foundation. “The law firms behind their filing are financially oriented and have conflicts that do not align with, contradict and contravene those that their customers. We will be submitting an appeal an appeal to the appellate court.”
Is talc safe in foundation. Clay Thompson, a lawyer for MRHFM that boasts more than mesothelioma victims who have filed lawsuits against J&J for bankruptcy, told J&J’s second bankruptcy attempt will fail.
“J&J sends out press releases about how great its plans are, but is insisting that the details of its plan–including the treatment the individual sick individuals would receive–be kept secret,” Thompson said in the statement. “What do they have to hide?”
Kaplan has instructed the sides to devise a second restructuring plan, with the supervision by two mediators.
The court in February of 2022 Kaplan affirmed the ability of 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.
In January of this year, a federal appeals court overturned the verdict, ruling that the business could not be considered in “financial distress.”
In the event that J&J’s request to make an appeal before the U.S. Supreme Court was turned down on April 1, J&J applied for its first bankruptcy about two hours after. In response to that move, Kaplan froze the lawsuits for 60 days to decide whether to grant an additional bankruptcy.
J&J’s unstoppable profit engine goes out of control after $6.9B talc litigation charge.
With Two Chapter 11 attempts, J&J has gotten 19 months of which cases have been in limbo. Is talc safe in foundation. The company is requesting that claimants decide whether they want to accept the settlement. J&J would need 75% of the vote for the deal to pass.
Alongside the group of talc lawyers that criticized the company’s bankruptcy in the U.S. Trustee, the U.S. Trustee which is a division belonging to the U.S. Department of Justice is also submitting an application to dismiss LTL’s bankruptcy second case.
In a filing this week, U.S. Trustee Andrew R. Vara wrote that the bankruptcy courts are “open to honest, but naive debtors.” These doors “are not available to anyone that lack a legitimate bankruptcy objective or seek to use bankruptcy to delay or hinder their creditors.” Vara continued.
On the other hand, J&J maintains there is no definitive evidence to suggest that its products containing talc, such as its iconic baby powder, can cause cancer. J&J has been taking the products of the market–first for North America in 2020–and the rest of the world this year.
J&J wants to avoid the expense of going to trial. J&J has won the majority of the cases that have been decided in court, however some losses have been severe.
A highly-publicized trial in Missouri produced a $4.7 billion verdict against the drug company and was later lowered to $2.1 billion after appeals.
Johnson & Johnson faces high-stakes hearing over ‘Texas Two Step’ talc strategy: report
In all, J&J has lost nine cases involving talc, which are in appeal or concluded. Out of 41 trials 32 ended with winning for J&J either through a mistrial or plaintiff verdicts that were annulled on appeal. Is talc safe in foundation. Additionally, the company in 2020 moved to settle nearly 1,000 cases for the sum of $100 million. Bloomberg published at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Is Talc Safe In Foundation
Our lawyers are handling the baby powder litigation in all 50 states. The talcum powder lawsuits in the case of Johnson & Johnson have been in the process for several years. Is talc safe in foundation. The lawsuits contend that the prolonged use of talcum powder (or “talc”), the active ingredient in products such as Baby Powder as well as Shower to Shower as well as other products, may cause ovarian cancer among some women.
This page provides the J&J talc power litigation update and explains how the forthcoming bankruptcy ruling affects the final settlement amount of the cases of ovarian cancer.
Have you reached the deadline by which you to start a lawsuit against talcum powder? Many who assume the statute of limitations has run out to file a lawsuit against Johnson & Johnson are wrong. Contact us now at 800-553-8082 or get a free and quick review of your case online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Is Talc Safe In Foundation
June 2, 2023 Update: During an asbestos talc court trial held which took place in California yesterday, a few technical glitches interrupted the opening speech of defense attorneys. Is talc safe in foundation. Jurors at home via Zoom and hearing the Johnson & Johnson’s lawyer expressing doubt about the science of the 70s asserting the presence of asbestos in their product before the trial was abruptly closed.
The plaintiff had the opportunity to introduce an initial witness Arthur Langer. Langer said that the presence of other minerals in talc is inevitable. He claimed that his group had notified J&J in the year 1971 of the presence of chrysotile asbestos within the talc manufactured by the company, though at lesser than 0.1 percent. The asbestos was discovered by him in 1976.
June 1st, 2023 Update: Is talc safe in foundation. A trial for the first time since J&J has decided to separate its Talc division and declare bankruptcy is a pivotal moment in the ongoing talc lawsuit saga. The trial started yesterday in the poignant case of a young 24-year-old plaintiff, diagnosed with a rare and aggressive type of mesothelioma last year. which lawyers on both sides of the argument agree is a grave tragedy.
Opening statements laid bare distinct differences between each side’s story. The attorney representing the plaintiff took aim against Johnson & Johnson, alleging the use of deceptive methods in their research practices as well as throughout the litigation process. As per the lawyer, Johnson & Johnson attempted to alter the definition of asbestos despite internal documents dating back to the year 1978 and 1994 indicating that asbestos fibers that were found in the tissue of the plaintiffs are included.
Johnson & Johnson’s precarious $8.9 billion settlement offer hangs in the balance with the development of the trial. Despite the distinct nature of this mesothelioma case and its distinctive issues in comparison to the majority of talcum powder lawsuits ruling in favor of the plaintiff could result in an enormous setback for J&J’s expectations of widespread acceptance of their proposed settlement among plaintiffs.
May 31, 2023: Update from Johnson and Johnson’s bankrupted talc unit has was able to defend it’s 2nd Chapter 11 filing in the in the face of challenges from victims of talc injuries. In an opposition filed with the New Jersey bankruptcy court, the company argued that the situation was vastly different from the prior filing. It highlighted the extraordinary commitment to $8.9 billion in settlement from J&J the biggest settlement ever to be made in any bankruptcy case that involves mass tort. Is talc safe in foundation. The issue is not discussed: whether the amount of the settlement implies that it is a fair settlement. J&J also claimed that it received support from various plaintiffs’ law firms that represent over 600,00 claimants. It is difficult to confirm but likely incorrect.
May 24 2023 Update: In the wake of Johnson & Johnson’s bankruptcy in 2021 filing, the first trial regarding its cosmetic talc products allegedly comprised of asbestos is set to start jury selection Monday in California with Alameda County Superior Court, an historically reliable place for plaintiffs. The plaintiff claims his mesothelioma is the result of asbestos exposure through J&J’s products and J&J has denied. The trial also involves six retailers who are accused of selling talc-based products.
May 22nd, 2023 Update Lawyers involved in the 2nd J&J talc bankruptcy are disputing who should be chosen to fill the position of future claims representative. This is which is vitally critical to resolving Talc claims. Is talc safe in foundation. Randi Ellis, a lawyer who regularly appears in MDLs across 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 again, but lawyers for the talc plaintiffs have raised objections because Ellis has an unrelated conflict of interest that should prevent her from being appointed to that post in the future. The dispute stems from possibility that Ellis was involved in the creation of the hotly contested second bankruptcy, which raises doubts regarding her capacity to remain neutral. The reality is this bankruptcy will likely to be tossed out anyway.
May 17th, 2023 Update: The pretend company J&J created for the talc litigation bankruptcy disclosed to an New Jersey bankruptcy court that they have designated $400 million to pay the claims made by states accusing the company of deceptive advertising for its talc-based products. Is talc safe in foundation. That’s an $8.5 billion settlement for cancer sufferers. It’s difficult to imagine a scenario where J&J can get the settlements of baby powder through with these numbers. While J&J’s proposed $8.5 billion offer sounds like a large sum at first, it does not look very appealing when you do the math. The proposed settlement based on our rough calculations – would not be able to pay victims more than an average settlement $100,000 per instance. It’s not enough.
May 15, 2023, Update J&J could be facing lawsuit by an advocacy group that represents cancer patients. Is talc safe in foundation. The group contends that J&J deliberately retracted a $61.5 billion funding agreement in conjunction with its affiliate, LTL Management LLC, to simulate financial distress and confirm the unit’s Chapter 11 bankruptcy filing. The group argues that this act is a fraud transfer of rights of compensation for victims. They plan to explore J&J’s actions after the announcement of the decision to dismiss the first bankruptcy case of LTL.
May 10, 2023 Update: Next week in this week the U.S. Bankruptcy Court in New Jersey will hear oral arguments on a motion to dismiss the second bankruptcy application from J&J subsidiaries LTL Management. In the meantime, this bankruptcy court has issued an order which requires both sides to take part in a new settlement negotiation hoping that an international settlement agreement can be been 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 safe in foundation. Over 2700 people have sued the company and it is paying $1 million per month to defend itself. The company’s most recent $29 million verdict in South Carolina forced it to file for bankruptcy protection, arguing that assets should be distributed in an equitable manner among talc claimants instead of being confiscated by the receiver. Other talc suppliers have also filed for bankruptcy due to litigation.
May 4 2023 update: U.S. Court of Bankruptcy Michael Kaplan has directed Johnson & Johnson to restart talks on settlement with lawyers who turned down Johnson & Johnson’s $8.9 billion offer for settlement. It was in Trenton, New Jersey yesterday the parties appeared in court to discuss next steps for the second bankruptcy case. Judge Kaplan pushed more settlement talks.
This is the solution to resolve these claims for J&J. A baby powder settlement could be achieved. Is talc safe in foundation. However, it will require more money, more billions of dollars coming from Johnson & Johnson.
Lawyers are divided over whether or not to accept the plan and not all clients view the issue in the same manner their attorney does. Second bankruptcy cases are likely to be a failure as Judge Kaplan has scheduled a hearing in June to determine whether to 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 J&J’s Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it is a bid to stop the litigation surrounding talc-based products. The group representing the claimants filed a motion on Tuesday, asking for the Third Circuit to consider their appeal and return the case an earlier court, with instructions to discharge the bankruptcy. Is talc safe in foundation. They also requested that the stoppage of tort litigation against J&J should be permitted to proceed.
LTL requested Chapter 11 protection once again following its bankruptcy filing that was rejected by the Third Circuit earlier this year which offered an $8.9 billion agreement. 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 and J&J, requires an immediate Third Circuit review. The US Trustee requested be the New Jersey bankruptcy court dismiss the LTL bankruptcy case. J&J’s worldwide vice president of litigation Erik Haas, was quoted by Bloomberg saying that J&J intends to file a reply in the appeals court calling the request an “desperate and legally flawed attempt” by a handful of law firms that have competing financial interests.
May 1 2023 Update: A most frequently asked question is how could plaintiffs and their attorneys turn off $8.9 billion. That’s of course quite a sum. But there are plenty of victims. Is talc safe in foundation. These are actually a good cases for plaintiffs. We were reminded of this last week with two talc trials resulted in big verdicts for plaintiffs. In February mesothelioma, a talcum-based powder trial in Oregon led to a verdict that was $18.1 million. In the same month, a different mesothelioma-related talc case went to trial in South Carolina and resulted in a verdict of $29 million to the plaintiff. It was the same defendant as in these cases: Whittaker, Clark & Daniels Inc. which is one of the most prominent manufacturers of talc in U.S.
April 30 2023 Update: When J&J first attempted to drag the litigation over talcum powder into bankruptcy, it was met with an offer to put aside $2 billion to settle the case. This was an absurdly low amount. All of the talc plaintiffs were in favor of the proposal. This time around, however, J&J has increased the offer to $8.9 If the talc plaintiffs accept a bankruptcy settlement and they also have the support of a substantial segment of the talc plaintiffs as well as their lawyers. Is talc safe in foundation. However, 75% of talc plaintiffs, which is required for bankruptcy plan approval is a difficult road because of the number of lawyers who have vast inventories of baby powder-related lawsuits, opposed against the proposed settlement.
What can be done to end the impasse? More billions.
April 25, 2023, Update Talc Cancer victims have demanded a judge disqualify the Chapter 11 case filed by LTL Management LLC, a absurdly-made-up Johnson & Johnson subsidiary, saying the company is not financially distressed. LTL requested Chapter 11 to settle tens of thousands of claims that J&J’s baby products caused cancer. Is talc safe in foundation. The 3rd Circuit dismissed its first Chapter 11 case in January The court ruled that LTL was not eligible for bankruptcy relief since it failed to show financial stress.
The claimants assert that the third Chapter 11 case is an fraud on the bankruptcy system and it is being pursued in bad faith. J&J asserts that the bankruptcy settlement receives “significant backing” from the firms that represent approximately 60,000 plaintiffs. It’s fair to say that lawyers representing plaintiffs and victims ‘ lawyers are divided on what they believe is an $8.9 billion amount of settlement offered.
April 21st, 2023 Update A bankruptcy judge has ruled that Johnson & Johnson must face new lawsuits alleging that it sold a baby powder that contained a chemical that causes cancer. Even though trials for the lawsuits involving talc are delayed for a minimum period of 60 days however, new lawsuits may be filed, and lawyers will begin preparing their cases. Is talc safe in foundation. The judge expressed skepticism over J&J’s pathetic attempt to revive its plan with the second bankruptcy case.
April 13th 2023 update: the biggest announcement is an $8.9 billion over the next 25 years settlement offer. Lawyers representing cancer victims who are part of the MDL Class Action have promised to challenge the settlement talc claimants. Why? They argue that it’s not enough for 70,000 victims who have cancer. Is talc safe in foundation. These lawyers believe that J&J should negotiate a larger settlement or pursue individual claims if the most recent bankruptcy is declared unconstitutional.
But there’s a separate lawyer group that isn’t part of the leadership group in group action. These lawyers have collectively amassed tens of thousands of cases. This group wants to settle in what many believe to be lower than what the victims should be paid. Their argument seems to be two-fold. First, they argue the settlement of around 100,000 dollars per plaintiff is fair.
It’s a difficult argument to prove. But their second argument has more force: victims should not afford to wait any longer and need their money now.
April 12 2023 Update: Some people are looking for ways J&J can go through bankruptcy again. The answer is complicated and convoluted. Let’s try to clarify the issue in a simple way.
Johnson & Johnson asserts that bankruptcy is the only means to address both present and future talc lawsuits conclusively. In other words, it thinks it can get a lower rate when there is the bankruptcy element which applies pressure to settle. Is talc safe in foundation. Going back to 400 years of American history, the company claims that bankruptcy benefits all parties by distributing settlements more fairly and more efficiently than trial courts in which some litigants receive substantial award while others do not.
The gist of this 3rd Circuit decision was this is not a case – the profit-making company that has subsidiaries to meet the legal responsibility and declare bankruptcy – Congress contemplated when drafting the Bankruptcy Code. However, the court also ruled it was not in financial difficulty due to the fact that J&J offered unlimited financing.
So J&J jumped on the unlimited funding aspect of the agreement and did not promise that it would provide unlimited funds for the litigation. The company claims that its modified financing arrangements with its subsidiary addresses the concerns of the appellate court, while supplying funds for claim payments. As if providing victims with lesser money could solve the overall issue.
Attorneys representing cancer victims who oppose the deal counter this argument by saying that it 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 is not exempt by the victims’ lawyers, who call it the biggest “fraudulent move that has occurred in United States history.”
Despite the legal jargon, J&J does not really think that the bankruptcy will endure. It is however a method to push for this $8.9 billion settlement through and maintain pressure on plaintiffs.
April 10 2023 update: Bloomberg is running an intriguing report on a brand new law within New Jersey that is shedding new light on the funding of litigation in the baby powder suit for class actions. Litigation funders Virage Capital Management and TRGP Capital invested in hundreds of claims that were brought against Johnson & Johnson (J&J) regarding talc products, in exchange in exchange for a portion of settlements. J&J has now offered an offer of $8.9 billion in settlements for all lawsuits.
The involvement of the funders is made public due to the New Jersey court rule requiring the release of certain details about funders outside the state. This rule is intended to tackle the growing demands for the regulation of lawsuit funders. J&J is facing more than 60,000 claims when you add up state and federal Baby Powder lawsuits. Third-party financing in mass tort cases has pros and pros and. However, there is no doubt that we are seeing how third-party financing can help level the playing field between individual and big companies in the courtroom.
April 4, 2023 Update: It is fun to watch the worm turn in this litigation. J&J took another hit this week, when it was found that the Third Circuit denied J&J’s request to continue the automatic stay during the time that J&J appeals an appeal in the U.S. Supreme Court. It has frozen hundreds of cases involving talcum powder and stopped new lawsuits from being filed ever since J&J initiated the controversial effort to spin the talc liability into a bankrupt subsidiary more than a year ago. Is talc safe in foundation. After it was decided that the 3rd Circuit ruled that this bankruptcy was insufficient only a few months back, the stay was lifted. J&J was hoping to have it stayed in place until its SCOTUS appeal. But, 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 the Supreme Court is willing even to consider the appeal? Low.
March 16th 2023 Update: with the bankruptcy stay having been in effect, the first new cases were filed and incorporated into the Talcum Powder class action MDL in just over a year. Seven new talc-related lawsuits were included in the MDL in the last month increasing the number of pending cases up to 37,522.
February 25 2023 Update This morning, a Congressmen from Tennessee is now requesting that authorities from the U.S. Government Accountability Office (GAO) start an investigation to determine how much J&J Talc products have cost the government in the decades.
A recent email addressed to the GAO, Rep. Steven Cohen (D-Ten.) claimed that J&J of ignoring the dangers of its talc products over long while tax dollars used to treat those who were injured through exposure to the chemicals. The suit comes just a few days following J&J’s dramatic loss in the 3rd Circuit Court of Appeals.
Is talc safe in foundation. J&J has to begin making reasonable settlement proposals to victims to getting this behind it. This is a blemish on one of the greatest companies.
February 14 2023 Update: In the hearing held today 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 foundation. 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!