You May be Entitled to Significant Compensation Is talc the same thing 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 settlement for talc would make payments of 400 million dollars to US state AGs. Is Talc The Same Thing 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 a wider $8.9 billion deal to settle claims that its Baby Powder and other talc products cause cancer. Is talc the same thing as talcum powder.
J&J company subsidiary LTL Management filed a bankruptcy plan in New Jersey late on Monday which outlines how the company will pay various types of cancer patients in the bankruptcy settlement. Is talc the same thing as talcum powder. J&J has claimed that its talc products are safe and won’t cause cancer. It is attempting for a second time to resolve more than 38,000 cases in bankruptcy and prevent new cases from coming forward in the near future.
LTL’s bankruptcy plan would pay $400 million into a separate trust for lawsuits filed in state courts by attorneys general claiming that J&J had violated the state’s unfair commercial practices as well as consumer protection laws by misinforming consumers regarding the security of its talc-based products.
Many states had initiated consumer protection lawsuits against J&J prior to the time that LTL’s bankruptcy filing stopped these investigations from proceeding in 2021. Is talc the same thing as talcum powder. New Mexico and Mississippi had already brought suits with Johnson & Johnson before then and the states of Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative requests or subpoenas, according to LTL’s court documents.
New Mexico and Mississippi have filed a petition to end LTL’s bankruptcy, joining cancer victims and their counterparts from the U.S. Justice Department’s watchdog on bankruptcy, who argue that a profit-making company like J&J does not qualify for bankruptcy protections meant for struggling debtors.
The first time LTL attempted to settle the bankruptcy-related lawsuits was dismissed after similar arguments, when a U.S. appeals court determined in favor of LTL wasn’t in “financial financial distress” and was not eligible under bankruptcy law. Is talc the same thing as talcum powder. LTL declared bankruptcy a second time within two hours of the decision to dismiss, arguing that its second attempt was different due to the fact that it had less money 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 by seeking to unilaterally limit the liability of the company for state consumer protection laws.
Is Talc The Same Thing As Talcum Powder
LTL’s recent filings also provided additional details about the way in which the company will evaluate and pay claims for cancer when the bankruptcy plan is approved.
The highest payments under the settlement will be $500,000 for those diagnosed with mesothelioma that is terminal before age 45, and $260,000 for those who have been diagnosed with cancer of the ovary before age 45.
From there, the proposed settlement offers discounts based on the severity and type of cancer, an individual’s age, the history of using talc and other factors. Is talc the same thing as talcum powder. For instance, a woman who used talc products on a weekly basis, who had an ancestral history of ovarian cancer and was diagnosed an ovarian cancer stage II at the age of 55 might qualify to receive a payment of $21,125 under the settlement plan.
Judge decides J&J and talc oppositionists to engage in settlement talks.
Following another hearing in Johnson &Johnson’s attempt to utilize a Texas Two-Step bankruptcy strategy to resolve talc litigation, federal bankruptcy Judge Michael Kaplan has ordered the company and those opposing the plan to enter into settlement talks, Bloomberg reports.
The second time it attempted to file for bankruptcy for LTL Management, a subsidiary set up by J&J to manage the claims company offered a settlement of $8.9 billion. Is talc the same thing as talcum powder. While one firm representing plaintiffs supports the offer, another group is against the settlement.
This week, the opposition group, dubbed the Official Committee of Talc Claimants, urged the bankruptcy court to dismiss this case saying that LTL is not a factor in financial distress.
“The filing is an unjust and legally flawed attempt by a handful of law firms to try to prevent claimants from voting on the resolution plan–a plan the vast and growing majority of claimants support,” J&J’s litigation chief Erik Haas, said in an announcement. Is talc the same thing as talcum powder. “The law firms who filed their filing are financially oriented and have conflicts that do not align with, contradict and infringe on the rights which their clientele. We will be submitting an appeal to the appellate court.”
Is talc the same thing as talcum powder. Clay Thompson, a lawyer for MRHFM which includes more than patients with mesothelioma who have sued J&J, said that the second bankruptcy attempt of J&J will fail.
“J&J sends out press releases about how great its plans are, but is insisting that the plan’s details, including what each sick person will receive,” Thompson said in an announcement. “What is J&J’s plan to conceal?”
Kaplan has directed the parties to devise a second arrangement plan under the oversight from two mediators.
On February 20, 2022 Kaplan confirmed J&J’s recourse to Chapter 11 to hasten a settlement that will free the company from the hundreds of thousands of claims over its talcum products.
But in January of this year a federal appeals court ruled against the verdict, ruling that the firm could not be considered to be in “financial difficulty.”
When J&J’s attempt to make an appeal before the U.S. Supreme Court was denied the same month, J&J declared bankruptcy two hours after. In response to that move, Kaplan froze the lawsuits for 60 days, allowing the company to decide whether to grant another bankruptcy.
J&J’s unstoppable profit engine sputters after $6.9B cost of litigation involving talc.
With two Chapter 11 attempts, J&J has been able to buy 19 months in which the cases were on hold. Is talc the same thing as talcum powder. J&J wants the claimants to take a vote to accept their settlement. J&J will require 75% approval for the settlement to be approved.
In addition to the gang of talc lawyers who panned the company’s bankruptcy and the U.S. Trustee, a branch of the U.S. Department of Justice was also the one to file a motion to dismiss LTL’s bankruptcy second case.
In a statement this week, U.S. trustee Andrew R. Vara wrote that the the bankruptcy court are “open to honest, but naive debtors.” The doors “are not open to parties that lack a legitimate bankruptcy goal or who seek to use bankruptcy to delay or hinder their creditors,” Vara continued.
For its part, J&J maintains there is no conclusive evidence that its talc products, including its popular baby powder cause cancer. J&J has been taking the products of the market–first in North America in 2020–and the rest of the world this year.
J&J seeks to avoid the cost of going to court. It has won the majority of the cases that have been decided during trial, however, certain losses have been extremely punitive.
A highly-publicized trial in Missouri resulted in a $4.7 billion verdict against the drug company but 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. In 41 trials 32 have ended in the favor of J&J, a mistrial or plaintiff verdict that was reversed upon appeal. Is talc the same thing as talcum powder. Additionally, the company in 2020 sought to settle around 1000 cases at a cost of $100 million, Bloomberg reported at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Is Talc The Same Thing As Talcum Powder
Our lawyers are handling baby powder cases in every state. The talcum powder lawsuits against Johnson & Johnson have been going on for a long time. Is talc the same thing as talcum powder. The lawsuits assert that long-term use of talcum powder (or “talc”), the active ingredient in products such as the Baby Powder and Shower to Shower which can cause cancer of the ovary in certain women.
This page provides the J&J talc power litigation update and explains how the forthcoming bankruptcy ruling affects the final settlement amount in these cases of ovarian cancer.
Is the deadline for you to make a claim for talcum powder? Many who assume the time limit has expired to sue 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 The Same Thing As Talcum Powder
June 2 2023 Update: During the asbestos talc trial which took place in California yesterday, technical issues interrupted the opening statements made by defense attorneys. Is talc the same thing as talcum powder. Jurors watching from home via Zoom and hearing the Johnson and Johnson’s lawyer express skepticism about the 70s science that claimed asbestos was present in their product before the trial was abruptly closed.
The plaintiff could present an initial witness Arthur Langer. Langer stated that the presence of other minerals with talc is inevitable. He said that his team had notified J&J in 1971 of the presence of chrysotile asbestos in the talc of the company, but at lesser than 0.1 percent. He also discovered more asbestos in 1976.
June 1, 2023 Update: Is talc the same thing as talcum powder. This is the first court trial that has taken place since J&J made the decision to split its Talc section and declaring bankruptcy marks an important moment for the ongoing litigation saga. The trial began on Tuesday in the harrowing case of a young, 24-year-old plaintiff who was diagnosed with an aggressive and rare form of mesothelioma last year, which both sides of the argument agree is a tragedy of a different kind.
Opening statements revealed the huge differences between the sides’ story. The attorney representing the plaintiff took aim against Johnson & Johnson, alleging the use of misleading techniques in its research practices and throughout the litigation process. The attorney claims that, according to Johnson & Johnson tried to alter asbestos’ definition, in spite of internal documents dating from between 1978 and 1994 that showed fibers discovered in the plaintiff’s tissue are included.
Johnson &J’s tangled $8.9 billion settlement offer hangs in the balance with the progression of this trial. Despite the particularity of this mesothelioma lawsuit and its distinctive issues in comparison to other lawsuits involving talcum powder, a verdict favoring the plaintiff could result in an unintended setback to Johnson & J’s hope of gaining broad acceptance for their settlement proposal among plaintiffs.
May 31st 2023 Update: Johnson and Johnson’s bankrupt talc business was able to defend the two-time Chapter 11 filing in the in the face of challenges from the talc injury plaintiffs. In a written objection to the New Jersey bankruptcy court, it argued that the filing was distinct from the first filing. It also emphasized the unprecedented commitment of $8.9 billion by J&J as the largest settlement ever in a mass tort bankruptcy case. Is talc the same thing as talcum powder. It was not mentioned how the amount of the settlement implies that it is a fair settlement. J&J also claimed support from numerous plaintiffs’ law firms representing over 60,000 claimants. This is hard to verify however it is likely to be incorrect.
May 24 2023 Update: In the wake of Johnson & Johnson’s 2021 bankruptcy filing, the very first trial involving its cosmetic talc products allegedly containing asbestos is set to start jury selection on Monday, May 24, California within the Alameda County Superior Court, a historically good jurisdiction for plaintiffs. Plaintiff claims that mesothelioma was triggered by asbestos exposure from J&J’s products, an allegation the company 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 currently in a dispute over who should be chosen to fill the position of the future claims representative, a role that is critically essential to the resolution of the claim for talc. Is talc the same thing as talcum powder. Randi Ellis, a lawyer who is frequently involved in MDLs all over the nation was appointed the claims representative in the first bankruptcy. J&J’s defense attorneys want Ellis to be named to the position and again, but attorneys for the talc plaintiffs have raised objections on the grounds that Ellis has conflicts of interest which would prohibit her from assuming that position once more. The conflict stems from the fact that Ellis was believed to have been involved in drafting the hotly contested second bankruptcy, which raises questions regarding her capacity to remain neutral. The reality is this bankruptcy is likely to be tossed out anyway.
May 17, 2023 Update: The pretend company that J&J put together to settle the talc litigation bankruptcy informed the New Jersey bankruptcy court that they have designated $400 million to settle claims brought by states accusing the company of deceitful advertising for its talc-based products. Is talc the same thing as talcum powder. So that makes it an $8.5 billion settlement to cancer victims. It’s difficult to envision a scenario where J&J can push these settlements for babies given these numbers. Although J&J’s $8.5 billion offer sounds like a large sum at first, it does not look good when you do the math. This settlement proposal – by our estimates – will not pay victims much more than a median settlement of $100,000 per instance. It’s not enough.
May 15th 2023, Update J&J is potentially facing a suit from an advocacy group representing cancer victims. Is talc the same thing as talcum powder. The group claims J&J deliberately withdrew an $61.5 billion contract for funding in conjunction with its affiliate, LTL Management LLC, to simulate financial distress and to validate the company’s Chapter 11 bankruptcy filing. The group asserts this action amounts to a fraudulent transfer of the rights of compensation for victims. They are planning to study J&J’s actions after the announcement of the dismissal of LTL’s first bankruptcy case.
May 10, 2023 Update: Next week next week, it is expected that the U.S. Bankruptcy Court in New Jersey will hear oral arguments on a motion to reject the second bankruptcy filing from J&J subsidiary LTL Management. In the meantime LTL Management has filed an Order which requires both sides to take part in a settlement mediation to see if the global settlement can be come to fruition.
May 5, 2023 Update: The talc producer Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to numerous lawsuits alleging its talc products caused cancer from asbestos exposure. Is talc the same thing as talcum powder. Over 2,700 individuals have sued the company and the company was spending $1 million a month to defend itself. The company’s latest $29 million verdict in South Carolina forced it to seek bankruptcy protection, arguing for equitable distribution of assets among talc claimants instead of being confiscated by the receiver. Other talc suppliers have also filed for bankruptcy due to lawsuits.
May 4 2023, Update U.S. The bankruptcy Judge Michael Kaplan has directed Johnson & Johnson to resume settlement discussions with lawyers who rebuffed the company’s proposed $8.9 billion offer for settlement. In Trenton, New Jersey yesterday the parties appeared before a judge to discuss next steps to take in this second case of bankruptcy. Judge Kaplan has pushed for further settlement talks.
This is the best way to resolve these claims for J&J. A settlement for baby powder can be completed. Is talc the same thing as talcum powder. But it will require more money, more billions of dollars of Johnson & Johnson.
Lawyers have a split opinion on whether to accept the proposal and not every client sees the issue in the same manner their attorney does. A second bankruptcy proceeding is bound to fail, as Judge Kaplan has scheduled a hearing for June to decide whether to close the case for the third time.
May 3 2023 Update A group of cancer victims suing Johnson & Johnson (J&J) asked for they request that the Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it attempts to block the litigation surrounding talc-based products. The committee representing talc claimants made a motion Tuesday asking to the Third Circuit to consider their case and to send it back to a lower court with instructions to discharge the bankruptcy. Is talc the same thing as talcum powder. They also asked that stoppage of tort litigation against J&J allow the litigation to continue.
LTL filed for Chapter 11 protection once again following its bankruptcy filing that was denied in the Third Circuit earlier this year and offered the possibility of an $8.9 billion deal. The committee argues that the recent ruling allowing the second Chapter 11 to continue, while also halting trials against J&J should be subject to urgent 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 plans to file a statement in the appeals court calling the request a “desperate and legally insufficient attempt” by a small number of law firms with different financial interests.
May 1 2023 Update: One question people keep asking is how plaintiffs and their attorneys turn down $8.9 billion. That’s of course an immense amount of money. There are a lot of victims. Is talc the same thing as talcum powder. They are a great claims for plaintiffs. We have been reminded of this recently with two talc trials led to huge verdicts for the plaintiffs. In February mesothelioma, a talcum-based powder trial in Oregon ended in an award that was $18.1 million. The following month, a second talc mesothelioma case went to hearing within South Carolina and resulted in a verdict of $29 million to the plaintiff. In both instances, the defendant was Whittaker, Clark & Daniels Inc. which is one of the leading producers of talc in the U.S.
April 30th 2023 Update: J&J first tried to bring the talcum powder litigation into bankruptcy, they came with an offer to reserve $2 billion to settle the case. The amount was absurdly low. None of the talc plaintiffs agreed with the offer. This time, however, J&J has increased the offer to $8.9 in the event that the talc victims will allow a bankruptcy settlement and also has the backing of a significant part of the talc-related plaintiffs and their attorneys. Is talc the same thing as talcum powder. But 75% of the talc plaintiffs, which is required to approve bankruptcy plans is not an easy task because of the number of lawyers who have vast stocks 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 demanded a judge dismiss the Chapter 11 case filed by LTL Management LLC, a absurdly fabricated Johnson & Johnson subsidiary, which claims that the business is not financially distressed. LTL filed for Chapter 11 to settle tens of thousands of claims that J&J’s baby powders cause cancer. Is talc the same thing as talcum powder. The 3rd Circuit dismissed its first Chapter 11 case in January The court ruled that LTL was not a candidate for bankruptcy relief because it failed to show financial stress.
The claimants argue that LTL’s second Chapter 11 case is an abuse of the bankruptcy system and that the case is being handled in bad good faith. J&J states that the bankruptcy settlement is backed by “significant backing” from firms representing an estimated 60,000 claimants. It is fair to say that the plaintiffs’ attorneys and victims ‘ lawyers are not united over what they believe is an $8.9 billion offer for settlement.
April 21st, 2023 Update: A bankruptcy judge has decided the company Johnson & Johnson must face new lawsuits alleging that the company offered a baby powder with a contaminant that caused cancer. While trials in the lawsuits involving talc are delayed for a minimum of 60 days however, new lawsuits may be filed and lawyers may begin to prepare their cases. Is talc the same thing as talcum powder. Judges expressed skepticism about J&J’s pathetic attempt to revive its plan with another bankruptcy case.
April 13 2023 update: the biggest update is about the $8.9 billion over the next 25 years offer for settlement. Lawyers representing cancer victims in MDL class action MDL group action pledged to fight the settlement along with Talc claimants. Why? They think it is too little money for the 70 000 cancer patients. Is talc the same thing as talcum powder. These lawyers believe that J&J should negotiate a bigger settlement or settle individual claims in the event that the latest bankruptcy is thrown out.
However, there is a second lawyer group that isn’t part of the leadership in group action. These lawyers have collectively amassed many thousands of cases. This group wants to settle today for what many argue is less than these victims deserve. Their argument appears to be two-fold. They argue that the settlement – which amounts to the equivalent of $100,000 per plaintiff is fair.
This is an argument that is difficult to present. However, their second argument has more substance: the victims will be no longer patient and demand to get their money right now.
April 12 2023 Update: Some people are wondering if J&J is able to file for bankruptcy once more. The answer is complex and convoluted. Let’s try to simplify it simply.
Johnson & Johnson asserts that bankruptcy is the only method to resolve both current and future talc litigations in a definitive manner. Also, it thinks it can get a lower rate if there is the bankruptcy element which applies pressure to settle. Is talc the same thing as talcum powder. Going back to 400 years of American past, the company believes that bankruptcy is beneficial to all parties as it distributes settlement payments more evenly and effectively than trial courts, where some litigants receive significant settlements while others get nothing.
The main thrust in this 3rd Circuit decision was this is not a case of an enterprise that is profitable, forming an affiliate to accept the legal liability and declare bankruptcy Congress considered when it was drafting the Bankruptcy Code. But it also said that the subsidiary was not financially crisis due to the fact that J&J assured it of unlimited funding.
Thus, J&J did not hesitate to take advantage of the funding unlimited part of the holding and did not promise to provide unlimited funding for lawsuits. The company says that its updated financing arrangements with its subsidiary address the appeals court’s concerns while still providing funds for claims. In the hope that offering victims lesser money could solve the underlying issue.
Attorneys representing cancer patients who are against the agreement argue this argument by saying that it is countering legal nonsense legal absurdity: J&J fraudulently transferred $50 billion in assets to LTL Management to circumvent the appeals court’s earlier ruling. The hyperbole wasn’t spared the lawyers representing victims call it the biggest “fraudulent deal of assets 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 through and maintain 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 the funding of litigation in the Class action suit. Funders for litigation Virage Capital Management and TRGP Capital invested in hundreds of claims that were brought against Johnson & Johnson (J&J) concerning talc products in exchange for a share of any wins. J&J has now offered to pay $8.9 billion to settle all lawsuits.
The involvement of funders is made public due to a New Jersey court rule requiring the disclosure of certain information about outside funding backers. The law is designed to address the rising calls for regulation of litigation funders. J&J has more than 60,000 claims when you combine federal and state baby powder lawsuits. Third-party financing in mass tort cases has both pros and cons. There is no doubt that we are seeing how third-party financing can help level the playing field between individuals and big companies in court.
April 4, 2023 Update: It is interesting to watch the worm turning in this legal battle. 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 while J&J appeals a bankruptcy decision in the U.S. Supreme Court. The automatic stay has stopped the cases of talcum powder in a number of years and stopped any new lawsuits from being filed ever since J&J started the controversial process to spin the talc debts off into a bankrupt subsidiary more than a year in the past. Is talc the same thing as talcum powder. After it was decided that the 3rd Circuit ruled that this bankruptcy was insufficient only a few months back, the stay was removed. J&J was hoping to have it remain in effect until its SCOTUS appeal. But the answer was no.
April 1st, 2023 Update: Johnson & Johnson announced it will appeal its 3rd Circuit bankruptcy loss to the U.S. Supreme Court last week. There is a chance that is that the Supreme Court is willing even to accept the appeal? Low.
March 16th, 2023 Update: with the bankruptcy stay being officially lifted, the very first new cases were filed and incorporated into the talcum powder class action MDL within a year. Seven new talc lawsuits have been added to the MDL over the last month which brings the total number of pending cases up to 37,522.
February 25, 2023 Update The following information is available: A Congressmen from Tennessee has now demanded that the U.S. Government Accountability Office (GAO) start an investigation into the cost J&J products containing talc have cost the government over the decades.
In a recent letter addressed to the GAO, Rep. Steven Cohen (D-Ten.) accused J&J of failing to recognize the dangers of its talc products for long while tax dollars spent on treating people who suffered injuries from exposure to the products. This lawsuit comes a few weeks after J&J’s loss to the 3rd Circuit Court of Appeals.
Is talc the same thing as talcum powder. J&J must begin making fair settlement offers to victims, in order in putting this behind. This is a blemish on one of the world’s greatest companies.
February 14 2023 Update: At a hearing today at the hearing in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention following the ruling of 3rd U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.
You May be Entitled to Significant Compensation Is talc the same thing 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!