You May be Entitled to Significant Compensation Is talc the 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 will pay $400 million to US state AGs. Is Talc The Same As Talcum Powder .
Johnson & Johnson (JNJ.N) has set the amount of $400 million for resolving U.S. state consumer protection actions as part of its wider $8.9 billion effort to settle allegations that it’s Baby Powder and other talc-based product causes cancer. Is talc the same as talcum powder.
J&J subsidiaries LTL Management filed a bankruptcy plan in New Jersey late on Monday that details how the company intends to pay different types of cancer patients in the bankruptcy settlement. Is talc the same as talcum powder. J&J has declared that its Talc products are safe, and don’t cause cancer. The company is trying for a second time to resolve more than 38,000 lawsuits in bankruptcy, and to prevent any new cases from coming forward in the near future.
LTL’s bankruptcy plans would deposit $400 million into an additional trust to settle lawsuits filed in state courts by attorneys general alleging that J&J did not comply with laws against unfair business practices in the State of New York as well as consumer protection laws by misleading consumers regarding the dangers of its talc products.
Some states had started consumer protection lawsuits against J&J before LTL’s first bankruptcy filing prevented these investigations from proceeding in 2021. Is talc the same as talcum powder. New Mexico and Mississippi had already launched suits against Johnson & Johnson before then, and the states of Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative subpoenas or demands, according to LTL’s court filings.
New Mexico and Mississippi have filed a petition to end LTL’s bankruptcy along with cancer sufferers and their counterparts from the U.S. Justice Department’s bankruptcy watchdog, who argue that a profit-making firm like J&J can’t benefit from bankruptcy protections meant for those struggling with debt.
The first time LTL attempted to settle the lawsuits in bankruptcy was dismissed following similar arguments. In the end, a U.S. appeals court determined it was not LTL had not been in “financial distress” and therefore not eligible for bankruptcy protection. Is talc the same as talcum powder. LTL filed a second bankruptcy in just two hours following the decision to dismiss, arguing that the second bankruptcy was different as it had less money available and had more support for the possibility of settling.
New Mexico and Mississippi said in their motion to dismiss that LTL’s bankruptcy renewal violates the state’s law enforcement authority by seeking to unilaterally limit the liability of the company in state consumer protection measures.
Is Talc The Same As Talcum Powder
LTL’s new filings also included more details on how the company plans to evaluate and pay cancer claims if the bankruptcy plan is approved.
The highest payments under the settlement would be $500,000 for those diagnosed with mesothelioma terminal prior to age 45, and $260,000 for those who have been diagnosed with terminal ovarian cancer before age 45.
From there, the proposed settlement offers discounts based on the nature and severity of cancer, the individual’s age, previous usage of talc and other variables. Is talc the same as talcum powder. For example, a woman who used talc products on a weekly basis, who had the family history of ovarian cancer and was diagnosed with an ovarian cancer stage II at the age of 55 may qualify for a $21,125 payout under the plan.
Judge ordains J&J and talc oppositionists to engage in settlement talks.
Following another hearing in Johnson and Johnson’s efforts to use a Texas Two-Step bankruptcy strategy to settle talc lawsuits, federal bankruptcy Judge Michael Kaplan has ordered the company and those opposing the plan to enter into negotiations to settle the matter, Bloomberg reports.
The second time it attempted to file for bankruptcy for LTL Management, a subsidiary created by J&J to hold the claims–the company made a settlement offer of $8.9 billion. Is talc the same as talcum powder. While one firm representing plaintiffs support the settlement, a different group opposes the move.
In the last week, an opposition group, called the Official Committee of Talc Claimants, urged the bankruptcy court to dismiss this case saying that LTL cannot be regarded as in financial distress.
“The filing is an incredibly legal and ineffective attempt by a handful of law firms to try to prevent claimants from voting on the resolution, which that the overwhelming majority of claimants are in favor of,” J&J’s litigation chief Erik Haas, said in a statement. Is talc the same as talcum powder. “The law firms who filed their filing are financially oriented and have conflicts that clash with, diverge from, and contravene those they represent. We will be submitting an appeal to the appellate court.”
Is talc the same as talcum powder. Clay Thompson, a lawyer for MRHFM that has more than 80 mesothelioma patients who have filed lawsuits against J&J, said that the second bankruptcy attempt of J&J will fail.
“J&J publishes press release about how wonderful its plan is while simultaneously insisting that the plan’s details, including what the individual sick individuals would be treated to,” Thompson said in an announcement. “What is J&J’s plan to conceal?”
Kaplan has commanded the parties to develop a new strategy for reorganization, under the oversight of two mediators.
As of February 2022 Kaplan acknowledged J&J’s recourse to Chapter 11 to hasten a settlement that would free J&J from the thousands of lawsuits related to its talcum-based products.
But in the month of January, a federal appeals court overturned the ruling, ruling that the business could not be considered in “financial difficulty.”
After J&J’s appeal to the U.S. Supreme Court was denied at the end of April J&J filed for its second bankruptcy just two hours after. In response, Kaplan froze the lawsuits for 60 days to decide whether or not to accept the second bankruptcy.
J&J’s omnipotent profit engine fails after $6.9B talc litigation charge.
In the two Chapter 11 attempts, J&J has been able to buy 19 months in which cases were placed in limbo. Is talc the same as talcum powder. J&J wants the claimants to vote on accepting their settlement. J&J needs 75% approval for the settlement to be approved.
In addition to the group of talc lawyers that criticized the bankruptcy of the company and the U.S. Trustee, an arm belonging to the U.S. Department of Justice was also the one to file an application to dismiss LTL’s second bankruptcy.
In a filing this week, U.S. Trustee Andrew R. Vara wrote that the doors of the bankruptcy court are “open to honest but unfortunate debtors.” These doors “are not open to any parties that don’t have a legitimate bankruptcy goal or who seek to use the bankruptcy process to delay or hinder their creditors.” Vara continued.
For its part, J&J maintains there is no proof conclusive that their products containing talc, such as its iconic baby powder, cause cancer. J&J has taken the products of the market first for North America in 2020–and the remainder of the globe later this year.
J&J is determined to stay clear of the cost of going to trial. It has won most of the cases decided during trial, however, some losses have been punitive.
A high-profile trial in Missouri produced an $4.7 billion verdict against the drugmaker but was later reduced to $2.1 billion following appeals.
Johnson & Johnson faces high-stakes hearing over ‘Texas Two Step’ talc strategy: report
Overall, J&J has lost nine trial involving talc that are in appeal or decided. Of the 41 trials, 32 have resulted in winning for J&J as well as mistrials or plaintiff verdict that was dismissed in appeal. Is talc the same as talcum powder. Separately, the company in 2020 negotiated to settle over 1000 cases for the sum of $100 million. Bloomberg published at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Is Talc The Same As Talcum Powder
Our lawyers are handling baby powder cases in all 50 states. The talcum powder lawsuits on behalf of Johnson & Johnson have been in the process for several years. Is talc the same as talcum powder. The lawsuits claim that the long-term use of talcum powder (or “talc”), the active ingredient in products such as Shower to Shower Powder or Shower to Shower which can cause ovarian cancer among some women.
This page provides an J&J update on the talc power litigation and discusses how the upcoming bankruptcy ruling impacts the ultimate settlement amount of the cases of ovarian cancer.
Is the deadline for you to file a talcum powder lawsuit? Many who assume the statute of limitations has run out to file a lawsuit against Johnson & Johnson are wrong. Call us today at 800-553-8082 or request a no-cost and quick review of your case online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Is Talc The Same As Talcum Powder
June 2, 2023 Update: During the asbestos talc case in California yesterday, some technical glitches interrupted the opening statements of the defense lawyers. Is talc the same as talcum powder. Jurors watching from home via Zoom and hearing the Johnson & Johnson’s lawyer voice his doubt about the 70s research that claimed asbestos was present in their product, but the session abruptly ended.
Meanwhile, the plaintiff was able to introduce an initial witness Arthur Langer. Langer explained that the existence of other minerals in talc is inevitable. He also testified that his team advised J&J in the year 1971 about the presence of asbestos chrysotile in the company’s talc, albeit at lower than 0.1 percent. He also found more asbestos in 1976.
June 1st, 2023 Update Is talc the same as talcum powder. A trial for the first time since J&J made the decision to split its talc division and declare bankruptcy is an important moment in the ongoing talc litigation story. The trial started yesterday in the harrowing case of a young 24-year-old plaintiff, diagnosed with an aggressive and rare form of mesothelioma last year. which lawyers on both sides acknowledge is a harrowing tragedy.
Opening statements revealed the stark differences in each side’s narrative. The attorney for the plaintiff took aim against Johnson & Johnson, alleging that the company employed deceitful methods in their research practices as well as throughout the litigation procedure. According to the attorney Johnson & Johnson tried to alter asbestos’ definition, in spite of internal documents from 1998 and 1994 that show asbestos fibers found in tissue of the plaintiff are included.
Johnson &J’s highly uncertain $8.9 billion settlement proposal hangs in the balance as we development of the trial. Despite the particularity of this mesothelioma case and its distinct issues compared to other lawsuits involving talcum powder A verdict in favor of the plaintiff could inflict a serious setback to J&J’s expectations of widespread acceptance of their proposed settlement with plaintiffs.
May 31st 2023 Update: Johnson and Johnson’s bankrupt talc unit was able to defend it’s two-time Chapter 11 filing in the face of challenges from victims of talc injuries. In a written objection to the New Jersey bankruptcy court, the subsidiary argued that the case was vastly different from the prior filing. It also emphasized the unprecedented commitment to $8.9 billion by J&J which is the largest settlement ever made in the history of a mass tort bankruptcy. Is talc the same as talcum powder. There was no mention of how the amount of the settlement indicates that it is an equitable settlement. J&J also claimed support from several plaintiffs’ legal firms that represent over 600,00 claimants. This is difficult to verify but is probably incorrect.
May 24, 2023 Update: Since Johnson &J Johnson’s bankruptcy filing, the first trial involving its cosmetic talc items allegedly containing asbestos is set to commence jury selection on Monday in California in Alameda County Superior Court, which is a well-known jurisdiction for plaintiffs. The plaintiff claims his mesothelioma was caused by asbestos exposure through J&J’s products, an allegation that the company does not deny. The trial also includes six retailers who are accused of selling talc-containing products.
May 22, 2023 Update: Lawyers involved in the 2nd J&J talc bankruptcy are fighting over who should be chosen to fill the role of the claims representative in the future, the role is crucially critical to resolving claims involving talc. Is talc the same as talcum powder. Randi Ellis, a lawyer who frequently appears in MDLs throughout the country was appointed the claims representative in the initial bankruptcy. J&J’s defense team would like Ellis to be named to the position again, but lawyers for the talc plaintiffs are objecting to the claim that Ellis has an unrelated conflict of interest which would prohibit her from being appointed to that post again. This conflict is rooted in the issue that Ellis was involved in the drafting of the highly contesting second bankruptcy, which raises concerns regarding her capacity to remain neutral. However, the reality is that this bankruptcy could get dismissed anyway.
May 17, 2023 Update: The pretend company J&J created to handle the bankruptcy of talc told the New Jersey bankruptcy court that they have designated $400 million to pay the claims made by states accusing J&J of misleading marketing regarding its talc products. Is talc the same as talcum powder. This amounts to an $8.5 billion settlement for cancer sufferers. It is hard to imagine a scenario where J&J can get the settlements of baby powder through at these numbers. Although J&J’s $8.5 billion offer might seem like a huge sum initially, it does not appear appealing when you do the math. This settlement proposal – by our rough calculations, would not offer victims anything more than a median settlement of $100,000 per instance. That is not enough.
May 15th 2023 Update J&J could be facing lawsuit by an advocacy group that represents cancer victims. Is talc the same as talcum powder. The group claims that J&J deliberately withdrew the $61.5 billion financing agreement together with its parent company, LTL Management LLC, to simulate financial distress and confirm the unit’s Chapter 11 bankruptcy filing. The group asserts this action is equivalent to a fraudulent transfer of rights of victims’ compensation. They intend to investigate J&J’s actions as a result of the decision to dismiss the first bankruptcy case of LTL.
May 10 2023 Update: The following week next week, the U.S. Bankruptcy Court in New Jersey will hear oral arguments on a motion to dismiss the second bankruptcy petition filed that was filed by J&J LTL Management, J&J’s subsidiary. LTL Management. However, in the meantime the bankruptcy has issued an Order that requires both parties to participate in a new settlement mediation with the hopes of achieving an international settlement agreement can be been reached.
May 5 2023: Update on Talc manufacturer Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to numerous lawsuits alleging its talc products cause cancer from asbestos exposure. Is talc the same as talcum powder. Over 2700 people have sued the firm and it is paying $1 million per month on legal defense. The company’s latest $29 million settlement on the state of South Carolina forced it to seek bankruptcy protection, arguing that assets should be distributed in an equitable manner between the claimants of talc instead of being confiscated by the receiver. Other talc suppliers have also declared bankruptcy because of lawsuits.
May 4 2023 Update: U.S. Bankruptcy Judge Michael Kaplan has directed Johnson & Johnson to restart settlement discussions with lawyers who rebuffed the company’s $8.9 billion deal. The court in Trenton, New Jersey yesterday the parties gathered in court to discuss the next steps in their second bankruptcy matter. Judge Kaplan has pushed for further settlement talks.
This is the way to settle these claims with J&J. A baby powder settlement can be achieved. Is talc the same as talcum powder. However, it will require more money – more billions of dollars by Johnson & Johnson.
Lawyers have a split opinion on whether or not to agree with the proposal and not all clients view this issue the same way their lawyer views it. The second bankruptcy case is destined to go nowhere the judge Kaplan has scheduled a hearing in June to determine if she will dismiss the bankruptcy for the second time.
May 3, 2023 Update: A group of cancer victims suing Johnson & Johnson (J&J) asked an order from J&J’s Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it is a bid to stop litigation regarding talc-related products. The group of talc claimants filed a motion on Tuesday asking the Third Circuit to consider their case and to send it back before a court of lower jurisdiction with instructions for dismissing the bankruptcy. Is talc the same as talcum powder. They also requested that the stoppage of tort litigation against J&J allow the litigation to proceed.
LTL applied for Chapter 11 protection once again following the bankruptcy filing it made earlier was denied in the Third Circuit earlier this year which offered an $8.9 billion payment. The committee says that the recent ruling allowing LTL’s third Chapter 11 to continue, while also halting trials against J&J is a reason for an immediate Third Circuit review. The US Trustee has also requested an New Jersey bankruptcy court dismiss the LTL bankruptcy case. J&J’s global vice president of litigation Erik Haas, was quoted by Bloomberg declaring that J&J intends to file a statement in the appeals court, saying that the filing is a “desperate and legally deficient effort” by a small number of law firms who have different financial interests.
May 1 2023 Update: A frequently asked question is how could plaintiffs and their attorneys turn around $8.9 billion. Of course, that is a lot of money. However, there are lots of victims. Is talc the same as talcum powder. These are an excellent case for plaintiffs. We were reminded of this recently with two talc trials ended in large verdicts for the plaintiffs. In February the mesothelioma case involving talcum powder trial in Oregon led to the verdict worth $18.1 million. The following month, a second talc mesothelioma case went to trials within South Carolina and resulted in an award of $29 million to the plaintiff. The defendant in both cases was Whittaker, Clark & Daniels Inc. One of the largest suppliers of talc in the U.S.
April 30th 2023 Update: In the year 2023, when J&J first attempted to drag the talcum powder lawsuit into bankruptcy, it came with an offer to put aside $2 billion for settlements. The amount was absurdly low. There was no one among the talc victims who agreed with it. This time, however, J&J has increased the offer to $8.9 if the talc plaintiffs accept a bankruptcy settlement and they have the support of a substantial section of the talc victims and their attorneys. Is talc the same as talcum powder. But with 75% of plaintiffs in the talc category, which is necessary for bankruptcy plan approval It’s a long and difficult process since there are so many lawyers with vast collections of baby powder-related lawsuits, opposed against the proposed settlement.
What is the solution to this impasse? More billions.
April 25 2023, Update Talc patients have sought a court order to disqualify the Chapter 11 case filed by LTL Management LLC, a absurdly made-up Johnson & Johnson subsidiary, declaring that the company isn’t financially troubled. LTL has filed for Chapter 11 to settle tens of thousands of claims that J&J’s baby powders cause cancer. Is talc the same as talcum powder. It was the 3rd Circuit dismissed its first Chapter 11 case in January in a ruling that said LTL was not eligible for bankruptcy relief because it did not show financial trouble.
The claimants argue that LTL’s Second Chapter 11 case is an overreach of the bankruptcy system and it’s being conducted in bad faith. J&J claims the bankruptcy settlement is backed by “significant backing” from companies representing approximately 60,000 plaintiffs. It’s safe to say that plaintiffs’ lawyers and the victims are split over what they believe is an $8.9 billion amount of settlement offered.
April 21, 2023 Update: A bankruptcy judge has decided that Johnson & Johnson must face new lawsuits alleging that it sold a baby powder that contained a chemical that causes 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 will begin preparing their cases. Is talc the same as talcum powder. Judges expressed doubt about J&J’s ridiculous effort to revive its strategy by filing a second bankruptcy trial.
April 13 2023: Update on the major update is about the $8.9 billion over the next 25 years offer for settlement. Lawyers representing cancer victims in the MDL class action have pledged to challenge the settlement Talc claimants. Why? They think it is not enough money for 70 000 cancer patients. Is talc the same as talcum powder. These lawyers believe that J&J should seek a bigger settlement or pursue individual claims if the latest bankruptcy is declared unconstitutional.
But there is another group of lawyers that is not part of the leadership in this class action. These lawyers have collectively amassed tens of thousands of cases. They want to settle for what is believed to be far less than what these victims deserve. Their argument appears to be two-fold. First, they argue that the settlement, which is about an average of $100,000 per plaintiff is fair.
That is a hard argument to prove. However, their second argument has 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 seeking out how J&J can file for bankruptcy once more. The answer is complicated and complicated. However, let’s attempt to explain it clearly.
Johnson & Johnson asserts that bankruptcy is the only method to settle both present and future talc-related lawsuits definitively. It believes that it will be less expensive if there is a bankruptcy component that applies pressure for a settlement. Is talc the same as talcum powder. Going back to the 400-year span of American time, the business asserts that bankruptcy benefits all parties as it distributes settlements more equally and effectively than trial courts which are where litigants get significant award while others do not.
The basic tenet of the 3rd Circuit decision was this is not a case of one that makes a profit, but an entity to assume the legal burden and declare bankruptcy Congress thought of when drafting its Bankruptcy Code. It also clarified that the subsidiary was not financially difficulty because J&J promises unlimited funding.
Then J&J took advantage of the unlimited funding aspect of the contract and didn’t promise to fund unlimited cases. The company says that its updated financing arrangements with its subsidiary address concerns of the appellate court, while supplying funds for claim payments. It’s as if giving victims less money will solve the problem at hand.
Attorneys representing cancer patients who do not agree with the agreement counter this with what you conclude is countering legal nonsense with legal absurdity: J&J fraudulently transferred $50 billion in assets away from LTL Management to circumvent the appeals court’s decision. Hyperbole did not go unnoticed the lawyers representing victims call it the biggest “fraudulent transfer ever in United States history.”
Despite all 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, and to keep pressure on plaintiffs.
April 10 2023 Update: Bloomberg has an interesting article about a new law of New Jersey that is shedding new light on litigation funding in the baby powder plaintiffs in the class action. The funders who fund litigation Virage Capital Management and TRGP Capital invested in hundreds of lawsuits that were brought against Johnson & Johnson (J&J) on behalf of talc products. They exchanged for a share of any settlements. J&J is now willing the payment of $8.9 billion to settle all lawsuits.
The involvement of the funders is made public because of a New Jersey court rule requiring the release of certain details about funders outside the state. The law is designed to address the growing 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 both pros and cons. But there is no question that we are witnessing how third-party financing can help level the playing field between individuals and large corporations in the courtroom.
April 4 2023 Update: It is pleasing to see the worm turn in this case. J&J has taken another blow 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 order granting bankruptcy in the U.S. Supreme Court. It has halted thousands of talcum powder cases and prevented the filing of new lawsuits ever since J&J began the controversial plan to spin the talc debts into a bankrupt company over one year ago. Is talc the same as talcum powder. When it was decided that the 3rd Circuit ruled that this bankruptcy was invalid just a few months ago the stay was revoked. J&J was hoping to have it remain in effect until its SCOTUS appeal. The answer was no.
April 1, 2023 Update: Johnson & Johnson announced it will appeal its 3rd Circuit bankruptcy loss to the U.S. Supreme Court last week. The chance 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 class action for talcum powder MDL in just over a year. Seven new talc cases were included in the MDL in the past month, bringing the total number of cases in the pending process up to 37,522.
February 25, 2023 Update This morning, a Congressmen from Tennessee has now demanded that be the U.S. Government Accountability Office (GAO) launch an investigation into how much J&J Talc products have cost the government in the years.
in a letter addressed to the GAO, Rep. Steven Cohen (D-Ten.) accused J&J of ignoring the risks of its talc product for long while tax dollars spent treating those injured by exposure to the chemicals. This lawsuit comes a few weeks after J&J’s major loss in the 3rd Circuit Court of Appeals.
Is talc the same as talcum powder. J&J should begin to make fair settlement offers to victims to begin the process of putting all this behind it. This is a blemish on one of the world’s greatest businesses.
February 14 2023 Update: At the hearing held today in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention to follow his 3rd U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.
You May be Entitled to Significant Compensation Is talc the 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!