You May be Entitled to Significant Compensation Is there talc without asbestos. 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 with talc would be worth 400 million dollars to US state AGs. Is There Talc Without Asbestos .
Johnson & Johnson (JNJ.N) has put aside $400 million to address U.S. state consumer protection actions as part of a broad $8.9 billion deal to settle claims that its Baby Powder and other talc-based product causes cancer. Is there talc without asbestos.
J&J affiliate LTL Management filed a bankruptcy plan in New Jersey late on Monday that outlines how the firm will pay various types of cancer sufferers in an arrangement for bankruptcy. Is there talc without asbestos. J&J has said that its products containing talc are safe and will not cause cancer. J&J is seeking an additional time to conclude more than 38,000 lawsuits in bankruptcy and prevent new cases from arising in the near future.
LTL’s bankruptcy plans would deposit $400 million to an additional trust to settle lawsuits filed in state courts by attorneys general claiming that J&J was in violation of the state’s unfair commercial practices as well as consumer protection laws by misleading consumers about the safety of its talc products.
Some states had started consumer protection actions against J&J prior to LTL’s bankruptcy filing prevented those investigations from progressing in 2021. Is there talc without asbestos. New Mexico and Mississippi had already initiated actions against Johnson & Johnson before then and states like 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 as well as their counterparts from the U.S. Justice Department’s bankruptcy watchdog. They have argued that a successful firm like J&J can’t benefit from bankruptcy protections aimed at those struggling with debt.
The first time LTL attempted to settle the bankruptcy cases was rejected after the same arguments. In the end, a U.S. appellate court determined in favor of LTL was not in “financial trouble” and thus not eligible to receive bankruptcy relief. Is there talc without asbestos. LTL had filed for bankruptcy again in just two hours following the decision to dismiss, arguing that its second attempt was different in that it had less money available and had more support for a settlement.
New Mexico and Mississippi said in their motion for dismissal that LTL’s new bankruptcy violates the state’s law enforcement authority in attempting to unilaterally limit the liability of the company in state consumer protection actions.
Is There Talc Without Asbestos
LTL’s new filings also included more details on how the company plans to evaluate and pay claims for cancer should the bankruptcy plan be approved.
The most significant payments under the settlement will be $500,000 for those diagnosed with terminal mesothelioma before age 45. Is there talc without asbestos. The second payment would be $260,000 for those diagnosed with advanced ovarian cancer before age 45.
The proposed settlement will offer discounts based on the kind and severity of cancer, the patient’s age, the history of the use of talc, and other aspects. Is there talc without asbestos. For example the case of a woman who used talc products weekly, had the family history of ovarian cancer, and was diagnosed with the stage 2 ovarian cancer when she was 55 might qualify for a $21,125 payment under the plan.
Judge orders J&J and talc opponents to discuss settlement negotiations.
Following another round of hearings in Johnson &Johnson’s attempt to employ a Texas Two Step bankruptcy strategy for talc litigation and federal bankruptcy judge Michael Kaplan has ordered the company and those opposed to the plan to enter into talks to reach a settlement, Bloomberg reports.
The second time it attempted to file for bankruptcy for LTL Management, a subsidiary set up by J&J to hold the claims–the company proposed a settlement of $8.9 billion. Is there talc without asbestos. While a firm representing plaintiffs agree with the deal, another group opposes the deal.
This week, the opposition group, which is known as the Official Committee of Talc Claimants in the bankruptcy court, demanded to dismiss this case by argument that LTL can not be considered in financial hardship.
“The filing is a desperate and legally deficient attempt by a few of law firms to try to stop claimants from voting on the resolution, which the vast and growing majority of claimants approve of,” J&J’s litigation chief Erik Haas, said in a statement. Is there talc without asbestos. “The law firms that are behind these filings have interests in finance that do not align with, differ from and oppose the interests which their clientele. We’ll soon submit an appeal before the court of appeals.”
Is there talc without asbestos. Clay Thompson, a lawyer for MRHFM, which is home to more than mesothelioma victims who have sued J&J, said that J&J’s second bankruptcy effort will fail.
“J&J issues press releases about how great its plan is while simultaneously insisting that the details of its plan–including the treatment individual sick people would actually receive — be kept private,” Thompson said in the statement. “What do they have to hide?”
Kaplan has instructed the sides to create a strategy for reorganization, under supervision of two mediators.
On February 20, 2022 Kaplan stated that J&J’s use of Chapter 11 to hasten a settlement that would release J&J from the thousands of lawsuits over its talcum products.
But in January of this year an appeals court in the United States overturned the decision, deciding that the firm could not be considered in “financial difficulty.”
When J&J’s attempt to challenge the U.S. Supreme Court was rejected on April 1, 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 allow another bankruptcy.
J&J’s omnipotent profit engine fails after $6.9B settlement charge for talc.
With the 2 Chapter 11 attempts, J&J has been able to buy 19 months in which the cases were suspended. Is there talc without asbestos. The company would like claimants to take a vote to accept their settlement. J&J will require 75% of the vote in order for the agreement to be accepted.
In addition to the group of talc lawyers that criticized LTL’s bankruptcy plan in the U.S. Trustee, the U.S. Trustee, a branch of the U.S. Department of Justice has also filed motions to dismiss LTL’s second bankruptcy case.
In a statement this week, U.S. Trustee Andrew R. Vara wrote that the bankruptcy courts are “open to honest, but naive debtors.” These doors “are not accessible to those that do not have a legitimate reason or want to abuse the bankruptcy process to delay or hinder their creditors.” Vara continued.
To its credit, J&J maintains there is no conclusive evidence that its talc products, including its popular baby powder cause cancer. J&J has taken the products of the market first to be available in North America in 2020–and the remainder of the globe later this year.
J&J wants to avoid the costly business of going to trial. J&J has won the majority of cases that have been resolved through trial, though some losses have been very harsh.
A high-profile trial in Missouri led to an $4.7 billion verdict against the drug company that 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 being appealed or settled. Out of 41 trials 32 have ended in the favor of J&J, a mistrial or verdict of a plaintiff reversed upon appeal. Is there talc without asbestos. Additionally, the company in 2020 negotiated to settle nearly 1,000 cases for 100 million dollars, Bloomberg published at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Is There Talc Without Asbestos
Our lawyers are handling baby powder cases in all 50 states. The lawsuits involving talcum powder for Johnson & Johnson have been ongoing for years. Is there talc without asbestos. The lawsuits contend that the prolonged use of talcum powder (or “talc”), the active ingredient in many products, including Shower to Shower Powder as well as Shower to Shower, can cause cancer of the ovary in certain women.
This article provides the J&J update on the talc power litigation and explains how the forthcoming bankruptcy ruling will affect the final settlement amounts in the ovarian cancer lawsuits.
Did the deadline expire for you to file a talcum powder lawsuit? Many who believe the statute of limitations has run out to file a lawsuit against Johnson & Johnson are wrong. Call us today at 800-553-8082 or get a no-cost, quick review of your case online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Is There Talc Without Asbestos
June 2 2023 Update: At the asbestos talc trial which took place in California yesterday, technical issues disrupted the opening statement by the defense attorneys. Is there talc without asbestos. Jurors who were watching from their homes via Zoom however, heard Johnson & Johnson’s lawyer voice his skepticism about the 70s science claiming asbestos was present in their product before the opening was abruptly ended.
The plaintiff was able to introduce its first expert witness Arthur Langer. Langer explained that the occurrence of other minerals with talc is expected. He said that his team had notified J&J in the year 1971 about the presence of chrysotile asbestos within the talc of the company, but at lower than 0.1 percent. He also discovered more asbestos in 1976.
June 1st, 2023 Update: Is there talc without asbestos. This is the first court trial that has taken place since J&J made the decision to split its Talc division and declare bankruptcy marks an important point within the ongoing litigation story. Trial began yesterday in the tragic case of a young, 24-year-old plaintiff, diagnosed with an aggressive and rare form of mesothelioma in the past year, a diagnosis lawyers on both sides believe is a grave tragedy.
Opening statements laid bare huge differences between the sides’ story. The attorney for the plaintiff took aim towards Johnson & Johnson, alleging that the company employed deceitful methods in their research practices as well as throughout the litigation process. According to the attorney Johnson & Johnson tried to alter asbestos’ definition, in spite of internal documents from the year 1978 and 1994 indicating that asbestos fibers in the plaintiff’s tissue are included.
Johnson & Johnson’s uncertain $8.9 billion settlement offer hangs in the balance as we progress of this trial. Despite the distinctive nature of this mesothelioma lawsuit and the unique issues it faces compared to the majority of talcum powder lawsuits, a verdict favoring the plaintiff could cause the company with a major setback in its hopes for broad acceptance of their settlement proposal among plaintiffs.
May 31st 2023 Update: Johnson & Johnson’s bankrupt talc business strongly defended it’s 2nd Chapter 11 filing in the facing challenges from talc injury claimants. In a written objection to the New Jersey bankruptcy court, the company argued that the filing was distinct from the earlier filing. It emphasized the unprecedented commitment to $8.9 billion by J&J as the largest ever settlement in the history of a mass tort bankruptcy. Is there talc without asbestos. Not mentioned: how the magnitude of the settlement means it is an equitable settlement. J&J also claimed support from several plaintiffs’ legal firms representing more than 600,00 claimants. This is difficult to verify but it’s likely to be false.
May 24 2023 Update: Following Johnson & Johnson’s 2021 bankruptcy filing, the first trial on the cosmetic talc products it claims to containing asbestos is set to start jury selection on Monday, May 24, California within the Alameda County Superior Court, an historically reliable court for plaintiffs. The plaintiff claims that his mesothelioma is the result of asbestos exposure from J&J’s products which that the company denies. The trial also involves six retailers accused of selling talc products.
May 22, 2023 Update: Lawyers in the 2nd J&J talc bankruptcy are now disputing who should be chosen to fill the role of a future claims representative, an important role important to resolving the claims involving talc. Is there talc without asbestos. Randi Ellis, a lawyer who frequently appears in MDLs throughout the United States was appointed the claims representative in the initial bankruptcy. J&J’s defense team wants Ellis to be appointed to that role and again, but attorneys for the talc plaintiffs are objecting on the grounds that Ellis has conflicts of interest that should prevent her from assuming that position once more. The issue stems from the reality that Ellis was apparently involved in drafting the hotly litigated second bankruptcy, which raises doubts about her capability to remain neutral. However, the reality is that the bankruptcy will get dismissed anyway.
May 17, 2023 Update: The fake company J&J created for the talc bankruptcy told the New Jersey bankruptcy court that they have allocated $400 million to pay the claims made by states accusing the company of deceptive advertising regarding its talc products. Is there talc without asbestos. So that makes it an $8.5 billion settlement to cancer victims. It is hard to imagine an eventuality where J&J will be able to push these settlements for babies in these figures. While J&J’s $8.5 billion offer might seem like a lot of money initially, it may not look great after you calculate the figures. The proposed settlement based on our estimates – will not be able to pay victims more than an average settlement $100,000 per instance. That is not enough.
May 15th 2023 Update: J&J could be facing suit from an advocacy group that represents cancer victims. Is there talc without asbestos. The group contends that J&J intentionally withdrew an $61.5 billion contract for funding that it had with its company subsidiary LTL Management LLC, to create the appearance of financial hardship and confirm the unit’s Chapter 11 bankruptcy filing. The group claims this decision is equivalent to a fraudulent transfer of rights of compensation for victims. They are planning to study J&J’s actions in the wake of the denial of the LTL’s bankruptcy case in its first instance.
May 10, 2023 Update: Next week next week, the U.S. Bankruptcy Court in New Jersey will hear oral arguments on a petition to dismiss the second bankruptcy petition filed from J&J company LTL Management. In the meantime, this bankruptcy court has issued an Order which requires both sides to take part in a new settlement mediation hoping that the global settlement can be brokered.
May 5th 2023 Update: Talc producer Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to numerous lawsuits alleging that its Talc products caused cancer through asbestos exposure. Is there talc without asbestos. Over 2,700 people have sued the firm and the company was paying $1 million per month on legal defense. The company’s most recent $29 million settlement that was handed down in South Carolina forced it to seek bankruptcy protection, arguing for equitable distribution of assets to talc claimants, rather than being taken from the receiver. Other talc suppliers have also declared bankruptcy because of the litigation.
May 4 2023 update: U.S. The bankruptcy Judge Michael Kaplan has directed Johnson & Johnson to relaunch talks with lawyers who rebuffed the company’s proposed $8.9 billion offer for settlement. In Trenton, New Jersey yesterday, the parties appeared in court to discuss the next steps for another bankruptcy proceeding and Judge Kaplan pushed more settlement talks.
This is the way to resolve the claims of J&J. The baby powder settlement is likely to get done. Is there talc without asbestos. But it’ll need more money – more billions of dollars from Johnson & Johnson.
Lawyers have a split opinion on whether or not to accept the plan and not every client views the situation the same way their lawyer does. This second case of bankruptcy is likely to fail as 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 who are suing Johnson & Johnson (J&J) requested an order from they request that the Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it is an attempt to derail the litigation involving talc products. The group representing the claimants submitted a motion on Tuesday, asking the Third Circuit to consider their appeal and return the case to a lower court, with instructions to dismiss the bankruptcy. Is there talc without asbestos. They also asked that lawsuit against the halted torts of J&J should be permitted to continue.
LTL filed for Chapter 11 protection once again after its bankruptcy filing was rejected in the Third Circuit earlier this year and offered a $8.9 billion deal. The committee argues that the recent ruling which allowed LTL’s 2nd Chapter 11 to continue, in addition to halting trials against J&J, warrants urgent Third Circuit review. The US Trustee also requested that the New Jersey bankruptcy court dismiss the LTL bankruptcy case. J&J’s global vice-president of litigation, Erik Haas, was quoted by Bloomberg saying that J&J intends to file a reply to the appeals court characterizing the filing as a “desperate and legally inadequate effort” by a handful of law firms that have competing financial interests.
May 1 2023 Update: One common question that people ask is how could plaintiffs and their attorneys turn off $8.9 billion. Of course, it’s an immense amount of money. However, there are lots of victims. Is there talc without asbestos. They are a great case for plaintiffs. We have been reminded of this recently when two talc cases led to huge verdicts for the plaintiffs. In February mesothelioma cases, a talcum powder trial in Oregon was settled with a verdict worth $18.1 million. The following month, a second mesothelioma trial involving talc was held for the court at South Carolina and resulted in a verdict of $29million in favor of plaintiff. It was the same defendant as in these cases: Whittaker, Clark & Daniels Inc., one of the largest suppliers of talc within the U.S.
April 30th 2023 Update: J&J initially attempted to pull the lawsuit over talcum powder into bankruptcy, it came with an offer to put aside $2 billion to settle the case. The sum was ridiculously low. None of the talc plaintiffs agreed with it. This time, J&J has increased the offer to $8.9 if the talc plaintiffs will allow a bankruptcy settlement and they also have the backing of a significant segment of the talc plaintiffs as well as their lawyers. Is there talc without asbestos. But with 75% of talc plaintiffs, which is needed for approval of the bankruptcy plan It’s a long and difficult process since there are so many lawyers with large inventory of baby powder lawsuits that are opposed to the settlement.
What is the solution to this impasse? More billions.
April 25, 2023 Update: Talc Cancer victims have asked a judge to dismiss the Chapter 11 case filed by LTL Management LLC, a absurdly fabricated Johnson & Johnson subsidiary, saying the company is not financially strained. LTL applied for Chapter 11 to settle tens of thousands of claims that J&J’s baby powders caused cancer. Is there talc without asbestos. In the end, however, the 3rd Circuit dismissed its first Chapter 11 case in January in a ruling that said LTL was not a candidate for bankruptcy relief because it had not demonstrated financial distress.
The plaintiffs argue that LTL’s 2nd Chapter 11 case is an overreach of the bankruptcy system and the case is being handled in bad faith. J&J asserts that the bankruptcy settlement is backed by “significant backing” from the firms that represent around 60,000 plaintiffs. It is fair to say plaintiffs’ lawyers and the victims are split over what they believe is an $8.9 billion offer for settlement.
April 21st, 2023 Update A bankruptcy judge has ruled in favor of Johnson & Johnson must face new lawsuits alleging that the company offered a baby powder with a contaminant that caused cancer. Even though trials for Talc lawsuits are suspended for at least 60 calendar days but new lawsuits can be filed, and lawyers are able to begin preparing their cases. Is there talc without asbestos. The judge expressed his doubts about J&J’s attempt to revive its strategy by filing a second bankruptcy trial.
April 13, 2023 Update: biggest announcement is an $8.9 billion over 25 years settlement offer. Lawyers representing cancer patients who are part of the MDL Class Action have vowed to fight the settlement alongside those who claim talc. Why? They feel it’s not enough for 70 000 cancer patients. Is there talc without asbestos. They argue that J&J should seek a bigger settlement or litigate individual claims if the most recent bankruptcy is thrown out.
But there’s a separate group of lawyers that is not part of the leadership group in the class action. These lawyers have collectively amassed many thousands of cases. The group is seeking to settle now for what many argue is far less than what these victims deserve. Their argument is twofold. First, they argue that the settlement – which amounts to 100 million dollars on average per plaintiff – is fair.
It’s a difficult argument to argue. However, their second argument has more force: the victims can not afford to wait any longer and need their money today.
April 12, 2023 Update: People are wondering if J&J could file for bankruptcy once more. The answer is complex and confusing. However, let’s attempt to explain it simply.
Johnson & Johnson asserts that bankruptcy is the only option to resolve both current and future talc lawsuits conclusively. Also, it believes that it will be less expensive if there is a bankruptcy component that applies pressure for a settlement. Is there talc without asbestos. Driving past hundreds of years of American history, the firm claims that bankruptcy benefits all parties by distributing settlements more equally and efficiently than trial courts, where litigants are awarded significant award while others do not.
The essence of this 3rd Circuit decision was this is not a case – a profitable company making an affiliate to accept the legal liability and declare bankruptcy Congress had in mind when it came to drafting the Bankruptcy Code. It also clarified that the subsidiary was not financially distress due to the fact that J&J promises unlimited funding.
Then J&J did not hesitate to take advantage of the unlimited funding portion of the holding and did not promise to provide unlimited funding for cases. J&J claims that its new financing agreements with its subsidiary will address concerns of the appeals court while providing funds for claims. It’s as if giving victims lower amounts of money would resolve the underlying issue.
Attorneys representing cancer victims who do not agree with the agreement counter this argument by saying that it is the legal argument. Is there talc without asbestos. They counter with legal absurdity: J&J fraudulently transferred $50 billion of assets away from LTL Management to circumvent the appeals court’s earlier ruling. Hyperbole was not spared attorneys representing the victims claim it the largest “fraudulent deal that has occurred in United States history.”
Despite all the legal jargon, J&J does not really believe that this bankruptcy will last. However, it’s a means to try and push the $8.9 billion settlement and keep pressure on plaintiffs.
April 10, 2023, Update Bloomberg has an interesting report on a brand new law in New Jersey that is shedding new light on litigation funding in the baby powder Class action suit. Funders of litigation Virage Capital Management and TRGP Capital invested in hundreds of claims against Johnson & Johnson (J&J) over talc products in exchange for a share of any wins. J&J has now offered to pay $8.9 billion to settle lawsuits.
The involvement of funders is public information due to a New Jersey court rule requiring the release of certain details about outside funding backers. This rule is intended to tackle the growing demands for the regulation of lawsuit funders. J&J has more than 60,000 claims when you include state and federal baby powder lawsuits. Third-party funding of mass tort cases has pros and cons. There is no doubt that we are seeing how third-party financing can help level the playing field between individuals as well as large corporations in court.
April 4, 2023 Update: It is enjoyable to see the worm turn in this case. J&J suffered another setback this week when they were denied by the Third Circuit denied J&J’s request to keep the automatic stay in place in the meantime that J&J appeals an order granting bankruptcy at the U.S. Supreme Court. The automatic stay has stopped thousands of talcum powder cases 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 one year earlier. Is there talc without asbestos. When it was decided that the 3rd Circuit ruled that this bankruptcy was invalid some months ago, the stay was revoked. J&J wanted to see it continued pending its SCOTUS appeal. However, the answer was no.
April 1st, 2023 Update: Johnson & Johnson announced it will appeal its 3rd Circuit bankruptcy loss to the U.S. Supreme Court last week. The likelihood that the Supreme Court is willing even to hear the appeal? Low.
March 16th 2023 Update: With the bankruptcy stay now in effect, the first new cases were filed and incorporated into the talcum powder class action MDL in over one year. Seven new talc cases were included in the MDL over the last month and brought the total number of pending cases up to 37,522.
February 25, 2023 Update 2023 Update: A Congressmen from Tennessee is now demanding that the U.S. Government Accountability Office (GAO) begin an investigation into how much J&J talc products have cost the government in the decades.
In a recent letter addressed to the GAO, Rep. Steven Cohen (D-Ten.) accused J&J of ignoring the risks of its talc products over decades while tax dollars were utilized to treat people injured by exposure to the products. This lawsuit comes a few weeks after J&J’s major loss in the 3rd Circuit Court of Appeals.
Is there talc without asbestos. J&J must begin making reasonable settlement proposals for victims in order in putting this behind. This is a disgrace to one of the top businesses.
February 14 , 2023 Update: At the hearing held today at the hearing in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention to follow the ruling of 3rd U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.
You May be Entitled to Significant Compensation Is there talc without asbestos. 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!