You May be Entitled to Significant Compensation Is talc same as talcum powder. 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 pay $400 million to US state AGs. Is Talc Same As Talcum Powder .
Johnson & Johnson (JNJ.N) has set aside $400 million to address U.S. state consumer protection actions as part of a wider $8.9 billion settlement of claims that its Baby Powder and other talc-based ingredients cause cancer. Is talc same as talcum powder.
J&J affiliate LTL Management filed a bankruptcy plan in New Jersey late on Monday that outlines how the firm intends to pay for different types of cancer victims in bankruptcy settlement. Is talc same as talcum powder. J&J has declared that its products containing talc are safe and don’t cause cancer. The company is trying for a second time to resolve more than 38,000 lawsuits brought in bankruptcy and stop new cases from being filed in the near future.
LTL’s bankruptcy plan will pay $400 million to an additional trust to settle lawsuits filed by state attorneys general alleging that J&J did not comply with states’ unfair practices and consumer protection laws through misleading consumers about the safety of its talc products.
Several states had begun consumer protection cases against J&J before LTL’s first bankruptcy filing stopped these investigations from moving forward in 2021. Is talc same as talcum powder. New Mexico and Mississippi had already brought suit with Johnson & Johnson before then and the states of Arizona, Maryland, North Carolina, Texas and Washington had issued subpoenas or civil investigative demands in LTL’s court documents.
New Mexico and Mississippi have moved to dismiss LTL’s bankruptcy as well as cancer patients as well as their counterparts from the U.S. Justice Department’s watchdog on bankruptcy, who have claimed that a lucrative business like J&J does not qualify for bankruptcy protections intended for the struggling debtors.
The first attempt by LTL to resolve the bankruptcy cases was dismissed after similar arguments, when a U.S. appellate court ruled the LTL wasn’t in “financial distress” and was not eligible to receive bankruptcy relief. Is talc same as talcum powder. LTL made a new bankruptcy application less than two hours after the dismissal, arguing the second bankruptcy was different in that there was less money available and had more support for an agreement.
New Mexico and Mississippi said in their motion to dismiss LTL’s latest bankruptcy violation of state law enforcement powers by seeking to unilaterally limit LTL’s liability to state consumer protection actions.
Is Talc Same As Talcum Powder
The filings of LTL’s latest bankruptcy proceedings also include more information on how the company plans to evaluate and pay for cancer claims when the bankruptcy plan is approved.
The maximum amount under the settlement would be $500,000 to those diagnosed with mesothelioma terminal prior to age 45. Is talc same as talcum powder. The second payment would be $260,000 for those diagnosed with advanced ovarian cancer before age 45.
From there, the proposed settlement will offer discounts based on the severity and type of cancer, an individual’s age, the history of the use of talc, and other aspects. Is talc same as talcum powder. For example an individual who was using talc products on a weekly basis, who had a family history of ovarian cancer and was diagnosed stage II ovarian cancer at the age of 55 may qualify for a $21,125 payout under the plan.
Judge orders J&J, talc opponents to participate in settlement talks.
Following another round of hearings in Johnson & Johnson’s effort to employ a Texas Two Step bankruptcy strategy to settle talc lawsuits and federal bankruptcy judge Michael Kaplan has ordered the company and those opposing the move to conduct negotiations to settle the matter, Bloomberg reports.
With its second bankruptcy attempt for LTL Management–a subsidiary established by J&J to manage the claims company offered a settlement amounting to $8.9 billion. Is talc same as talcum powder. While one group of law firms representing plaintiffs supports the deal, another group is opposed to the offer.
The previous week, the opposition group, known as the Official Committee of Talc Claimants and urging the bankruptcy court to disqualify the petition by argument that LTL is not a factor to be in financial trouble.
“The filing is a desperate and legally 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 approve of,” J&J’s litigation chief Erik Haas, said in a statement. Is talc same as talcum powder. “The law firms involved in their filing are financially oriented and have conflicts that clash with, contradict and infringe on the rights that their customers. We’ll submit an answer in the appeals court.”
Is talc same as talcum powder. Clay Thompson, a lawyer for MRHFM, which has more than 80 mesothelioma victims who have filed lawsuits against J&J and J&J, has said that the second bankruptcy attempt of J&J is likely to fail.
“J&J sends out press releases that boast about how amazing its plan is while simultaneously insisting that the details of its plan–including the treatment each sick person will be treated to,” Thompson said in the statement. “What do they have to keep secret?”
Kaplan has instructed the sides to develop a new restructuring plan, with supervision from two mediators.
In February 2022, Kaplan affirmed the ability of J&J’s recourse to Chapter 11 to hasten a settlement that would free the company from the hundreds of thousands of claims regarding its talcum products.
However, in January of this year an appeals court in the United States overturned the decision, ruling that the company was not able to be considered to be in “financial distress.”
When J&J’s attempt to contest the U.S. Supreme Court was denied on April 1, J&J was granted a second petition for bankruptcy about two hours after. In response to that move, Kaplan froze the lawsuits for 60 calendar days to decide whether to grant another bankruptcy.
J&J’s unstoppable profit engine goes out of control after $6.9B settlement charge for talc.
Through 2 Chapter 11 attempts, J&J has gotten 19 months of which cases were put suspended. Is talc same as talcum powder. The company is requesting that claimants take a vote to accept their settlement. J&J needs 75% approval for the deal to pass.
Alongside the group of talc lawyers who panned the company’s bankruptcy and the U.S. Trustee which is a division from the U.S. Department of Justice, also filed an application to dismiss LTL’s bankruptcy second case.
In a statement this week, U.S. Trustee Andrew R. Vara wrote that the bankruptcy courts are “open to honest, but naive debtors.” Those doors “are not available to anyone who do not have a legitimate bankruptcy purpose or that seek to use the bankruptcy process to delay or hinder their creditors,” Vara continued.
In its own words, J&J maintains there is no conclusive evidence that its products containing talc, such as 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 next year.
J&J wants to avoid the costly business of going to court. J&J has won the majority of the cases that have been resolved during trial, however, certain losses have been extremely severe.
A highly-publicized trial in Missouri ended in an $4.7 billion verdict against the drugmaker that was later reduced 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 have ended in winning for J&J either through a mistrial or plaintiff verdicts that were annulled in appeal. Is talc same as talcum powder. In addition, J&J in 2020 moved to settle nearly 1000 cases for 100 million dollars, Bloomberg stated at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Is Talc Same As Talcum Powder
Our lawyers handle baby powder lawsuits in every state. The lawsuits involving talcum powder on behalf of Johnson & Johnson have been going on for a long time. Is talc same as talcum powder. The lawsuits claim that the long-term use of the powder (or “talc”), the active ingredient found in products such as Shower to Shower Powder or Shower to Shower which can cause ovarian cancer among some women.
This article provides a J&J Talc Power Update and explains how the forthcoming bankruptcy ruling will impact the final settlement amount of the ovarian cancer lawsuits.
Is the deadline for you to bring a talcum lawsuit? Many people who think the statute of limitations has passed to file a lawsuit against Johnson & Johnson are wrong. Call us now at 800-553-2082 or get a no-cost, quick review of your case online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Is Talc Same As Talcum Powder
June 2 2023 Update: At an asbestos talc court trial held which took place in California yesterday, a few technical glitches interrupted the opening statement by the defense lawyers. Is talc same as talcum powder. Jurors from home on Zoom however, heard Johnson and Johnson’s lawyer express doubts about the 70s research affirming the presence of asbestos in their product prior to the session abruptly ended.
Meanwhile, the plaintiff could introduce its first expert witness Arthur Langer. Langer explained that the occurrence of other minerals with the talc mineral is a given. He said that his team had notified J&J in 1971 about the presence of asbestos chrysotile in the talc manufactured by the company, though in less than 0.1 percent. He also found more asbestos in 1976.
June 1, 2023 Update: Is talc same as talcum powder. First trial after J&J took the decision to disband its talc segment and file for bankruptcy is an important point in the ongoing talc lawsuit drama. Trial began yesterday in the poignant case of a young 24 year-old plaintiff who was diagnosed with a rare and aggressive type of mesothelioma last year, which both sides believe is a tragedy of a different kind.
Opening statements revealed distinct differences between each side’s narrative. The attorney representing the plaintiff aimed his ire towards Johnson & Johnson, alleging that the company employed deceitful methods in their research practices as well as throughout the litigation procedure. As per the lawyer, the company attempted to manipulate the definition of asbestos despite internal documents from between 1978 and 1994 that showed asbestos fibers found in tissue of the plaintiffs are included.
Johnson & Johnson’s precarious $8.9 billion settlement is hanging in the balance with the progress of this trial. Despite the particularity of this mesothelioma lawsuit and the unique issues it faces compared to other talcum powder lawsuits and a decision in favor of the plaintiff could be an enormous setback for J&J’s hopes for broad acceptance of their settlement proposal among plaintiffs.
May 31st, 2023: Update from Johnson and Johnson’s bankrupt talc division is defending its second Chapter 11 filing in the face of challenges from the talc injury plaintiffs. In an appeal to the New Jersey bankruptcy court, the subsidiary argued that the case differed fundamentally from the prior filing. It highlighted the extraordinary commitment to $8.9 billion to J&J which is the largest settlement ever in the history of a mass tort bankruptcy. Is talc same as talcum powder. Not mentioned: how this amount implies that it is an equitable settlement. J&J also claimed that it received support from numerous plaintiffs’ law firms representing over 600,00 claimants. This is not easy to confirm but likely incorrect.
May 24 2023 Update: Following Johnson and Johnson’s bankruptcy filing in 2021 filing, the very first trial regarding its cosmetic talc products allegedly that contain asbestos is scheduled to start jury selection on Monday, California with Alameda County Superior Court, an historically reliable place for plaintiffs. The plaintiff claims that his mesothelioma is the result of asbestos exposure through J&J’s products, an allegation J&J denies. The trial also includes six retailers accused of selling talc-containing products.
May 22nd, 2023 Update: Lawyers involved in the second J&J talc bankruptcy are now in a dispute over who should be chosen to fill the post of future claims representative. This is an important role important to resolving the Talc claims. Is talc same as talcum powder. Randi Ellis, a lawyer who regularly appears in MDLs throughout the country was appointed the claims representative in the previous bankruptcy. J&J’s defense team would like Ellis to be appointed to this position yet again, but the lawyers for the talc plaintiffs are objecting due to the fact that Ellis has an interest conflict that would prevent her from taking on that role in the future. The dispute stems from fact that Ellis was reportedly involved in drafting the controversially litigated second bankruptcy, which raises doubts about her capability to remain neutral. The reality is this bankruptcy will likely to be tossed out anyway.
May 17, 2023 Update The pretend company that J&J put together for the talc litigation bankruptcy has informed the New Jersey bankruptcy court that they had allocated $400 million to pay the allegations made by states who accuse J&J of misleading marketing for its talc products. Is talc same as talcum powder. It’s a $8.5 billion settlement for cancer sufferers. It’s hard to imagine a scenario where J&J will be able to push these baby powder settlements through at these numbers. While J&J’s $8.5 billion offer might seem like a lot at first, it does not look great after you calculate the figures. This settlement offer based on our rough calculations – would not provide victims with much more than a median settlement of $100,000 per case. That is not enough.
May 15th, 2023 update: J&J could be facing lawsuit by an advocacy group representing cancer patients. Is talc same as talcum powder. The group argues that J&J deliberately retracted a $61.5 billion fund-raising agreement that it had with its company subsidiary 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 could be interpreted as a fraudulent transfer of rights of victims’ compensation. They are planning to study J&J’s actions as a result of the denial of the LTL’s bankruptcy case in its first instance.
May 10 2023 Update: During the next week, this week the U.S. Bankruptcy Court in New Jersey will hear oral arguments regarding a motion to dismiss the second bankruptcy filing that was filed by J&J LTL Management, J&J’s subsidiary. LTL Management. However, in the meantime, the bankruptcy has issued an Order requiring both sides to participate in a new settlement mediation in the hope that a global settlement deal can come to fruition.
May 5, 2023: Update on Talc manufacturer Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to many lawsuits claiming that its talc products caused cancer from asbestos exposure. Is talc same as talcum powder. Over 2,700 individuals have sued the company, and it was spending $1 million a month on legal defense. The company’s recent $29million settlement at the Supreme Court of South Carolina forced it to apply for bankruptcy protection and argue for equitable distribution of assets to talc claimants, rather than being seized from the receiver. Other suppliers of talc have been forced to file for bankruptcy as a result of litigation.
May 4 2023 Update: U.S. Bankruptcy Judge Michael Kaplan has directed Johnson & Johnson to restart talks with lawyers who rejected the proposed $8.9 billion agreement. At Trenton, New Jersey yesterday, the parties appeared before a judge to discuss the next steps in this second case of bankruptcy. Judge Kaplan has pushed for further settlement talks.
This is the way to resolve the claims of J&J. A baby powder settlement could be achieved. Is talc same as talcum powder. However, it’ll require additional money – perhaps billions of dollars – coming from Johnson & Johnson.
Lawyers have a split opinion on whether or not to accept the plan and not all clients view the situation the same way their lawyer does. The second bankruptcy case is bound to go nowhere the judge Kaplan has set a date for a hearing in June to decide if he will close the case for the third time.
May 3 2023 Update: A group of cancer patients suing Johnson & Johnson (J&J) requested for 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 claimants for talc has filed a motion this week requesting for the Third Circuit to consider their case and send it back an earlier court with instructions to discharge the bankruptcy. Is talc same as talcum powder. They also asked that halted tort litigation against J&J should be permitted to continue.
LTL has filed for Chapter 11 protection once again following its bankruptcy filing that was denied in the Third Circuit earlier this year, offering a $8.9 billion payment. The committee believes that the recent decision allowing LTL’s second Chapter 11 to continue, and also stopping trials against J&J should be subject to an immediate Third Circuit review. The US Trustee also asked 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 saying that J&J plans to file a statement to the appeals court saying that the filing is a “desperate and legally deficient attempt” by a few of law firms with competing financial interests.
May 1st 2023 Update: One frequently asked question is how plaintiffs and their lawyers turn off $8.9 billion. Of course, that is an enormous amount of money. There are a lot of victims. Is talc same as talcum powder. And these are really good claims for plaintiffs. We were reminded of this last week by two talc-related trials that have resulted in huge verdicts for the plaintiffs. In February, a talcum powder mesothelioma trial in Oregon led to a verdict worth $18.1 million. The following month, a second mesothelioma-related talc case went to the court at South Carolina and resulted in a verdict of $29million on behalf of the plaintiff. It was the same defendant as in these cases: Whittaker, Clark & Daniels Inc., one of the largest manufacturers of talc in U.S.
April 30th 2023 Update: When J&J first attempted to drag the talcum powder lawsuit into bankruptcy, it was met with an offer to set aside $2 billion for settlements. The amount was absurdly low. None of the talc plaintiffs believed in it. However, this time, J&J has increased the offer to $8.9 If the talc plaintiffs will allow a bankruptcy settlement and they also have the support of a substantial segment of the talc plaintiffs and their lawyers. Is talc same as talcum powder. But with 75% of plaintiffs of talc are necessary for bankruptcy plan approval It’s a long and difficult process due to the sheer number of lawyers with huge inventory of baby powder lawsuits that are opposed in favor of the deal.
What are the solutions to the impasse? More billions.
April 25 2023 Update: Talc plaintiffs have requested a judge to reject 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 filed for Chapter 11 to settle tens of thousands of claims that J&J’s baby powders caused cancer. Is talc same as talcum powder. The 3rd Circuit dismissed its first Chapter 11 case in January, saying the company wasn’t eligible for bankruptcy relief because it failed to show financial trouble.
The plaintiffs argue that LTL’s second Chapter 11 case is an misuse of the bankruptcy system and it is being pursued in bad good faith. J&J claims the bankruptcy settlement receives “significant support” from companies representing around 60,000 plaintiffs. It’s safe to say that lawyers representing plaintiffs and victims ‘ lawyers are divided on this $8.9 billion offer for settlement.
April 21st, 2023 Update A bankruptcy judge ruled that Johnson & Johnson must face new lawsuits alleging that the company sold tainted baby powder causing cancer. Although the trials for the lawsuits involving talc are delayed for a minimum period of 60 days and new lawsuits are able to be filed, and lawyers can begin preparing their cases. Is talc same as talcum powder. The judge expressed his doubts about J&J’s absurd attempt to revive its plan with a second bankruptcy case.
April 13 2023 Update: The most important update is about the $8.9 billion over 25 years settlement offer. Lawyers representing cancer patients in MDL class action MDL class action have pledged to challenge the settlement those who claim talc. Why? They feel it’s not enough for more than 70,000 cancer victims. Is talc same as talcum powder. The lawyers say that J&J should negotiate a larger settlement or litigate individuals’ claims if the current bankruptcy is dismissed.
There is a different group of lawyers outside of the top leadership in that class action. These lawyers have amassed the equivalent of tens of thousands of lawsuits. This group wants to settle today for what is believed to be lower than what the victims should be paid. Their argument appears to be two-fold. They argue that the settlement of around 100,000 dollars per plaintiff – is fair.
It’s a difficult argument to present. The second argument is more substance: the victims will not afford to wait any longer and need to get their money right now.
April 12 2023 Update: Many are asking how J&J can file for bankruptcy again. The answer is complicated and convoluted. But let’s try to explain it clearly.
Johnson & Johnson asserts that bankruptcy is the only option to settle both present and future talc-related lawsuits definitively. It believes it can pay less when there is the bankruptcy element which applies pressure to settle. Is talc same as talcum powder. In a quest to cover 400 years of American time, the business argues that bankruptcy benefits everyone by dispersing settlement payments more evenly and more efficiently than trial courts in which some litigants receive substantial awards while others receive nothing.
The basic tenet in this 3rd Circuit decision was this is not a case – a profitable company making an entity to assume the legal risk and declare bankruptcy Congress had in mind when it came to drafting the Bankruptcy Code. It also clarified that the entity was in financial difficulty due to the fact that J&J offered unlimited financing.
This is why J&J jumped on the unlimited funding part of the deal and didn’t make any promises to provide unlimited funding for the litigation. J&J claims that its revised financing arrangements with its subsidiary will address concerns of the appeals court while offering claim payment funds. As if offering victims lesser money could solve the underlying issue.
Lawyers representing cancer victims who do not agree with the agreement counter this argument by saying that it is a defense against legal nonsense by pointing out legal absurdity: J&J fraudulently transferred $50 billion of assets away from LTL Management to circumvent the appeals court’s earlier ruling. The hyperbole wasn’t spared attorneys representing the victims claim it the biggest “fraudulent transaction 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’s a way of trying to push this $8.9 billion settlement through and maintain pressure on plaintiffs.
April 10 2023 update: Bloomberg offers an informative piece on a law that has been passed in New Jersey that is shedding new light on litigation funding in the Class action suit. The funders who fund litigation Virage Capital Management and TRGP Capital invested in hundreds of lawsuits from Johnson & Johnson (J&J) over talc products in exchange for a portion of any winnings. J&J is now willing an offer of $8.9 billion to settle any lawsuits.
The involvement of funders is publicly available because of the New Jersey court rule requiring the release of certain details about outside funding backers. The rule aims to respond to the increasing calls for regulation of the litigation funders. J&J faces over 60,000 claims when you combine federal and state child powder-related lawsuits. Third-party financing in mass tort cases has pros and pros and. There is no doubt that we are seeing how third-party funding can level the playing field between individual and large corporations in court.
April 4 2023 Update: It’s fun to watch the worm turn in this legal battle. J&J has taken another blow this week when they were denied by the Third Circuit denied J&J’s request to maintain the automatic stay as J&J appeals an appeal at the U.S. Supreme Court. Automatic stays have stopped the cases of talcum powder in a number of years and prevented new lawsuits from being filed ever since J&J started the controversial process to spin the talc liabilities into a bankrupt subsidiary over a year back. Is talc same as talcum powder. When it was decided that the 3rd Circuit ruled that this bankruptcy was invalid a few months ago, the stay was removed. J&J had hoped to have it stayed in place until the SCOTUS appeal. However, 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. There is a chance that of the Supreme Court is willing even to accept the appeal? Low.
March 16th, 2023 Update: with the bankruptcy stay being officially lifted, the first new cases were filed and incorporated into the talcum powder class action MDL in just over a year. Seven new talc lawsuits have been joined to the MDL over the last month and brought the total number of cases pending to 37,522.
February 25 2023 Update The following information is available: A Congressmen from Tennessee is now demanding that the U.S. Government Accountability Office (GAO) launch an investigation to determine how much J&J product containing talc has cost the government in the years.
In a recent letter to the GAO, Rep. Steven Cohen (D-Ten.) has accused J&J of not recognizing the risks of its talc-based products for decades while tax dollars were utilized to treat people injured by exposure to the products. This lawsuit comes a few weeks following J&J’s dramatic loss in the 3rd Circuit Court of Appeals.
Is talc same as talcum powder. J&J needs to start making reasonable settlement proposals to victims, in order to put all of this behind. It’s a mark on one of the most prestigious businesses.
February 14 , 2023 Update: At a hearing today in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention in light of his 3rd U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.
You May be Entitled to Significant Compensation Is talc same as talcum powder. 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!