You May be Entitled to Significant Compensation King talc 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 for talc would be worth 400 million dollars to US state AGs. King Talc Asbestos .
Johnson & Johnson (JNJ.N) has set the amount of $400 million for resolving U.S. state consumer protection actions as part of its larger $8.9 billion deal to settle allegations that it’s Baby Powder and other talc items cause cancer. King talc asbestos.
J&J subsidiaries LTL Management filed a bankruptcy plan in New Jersey late on Monday that outlines how the firm plans to pay different kinds of cancer patients in an arrangement for bankruptcy. King talc asbestos. J&J has said that its talc products are safe and do not cause cancer. It is attempting for the second time to end 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 into a separate trust for lawsuits filed in state courts by attorneys general alleging that J&J had violated laws against unfair business practices in the State of New York as well as consumer protection laws, by deceiving consumers about the safety of its talc products.
Some states had started consumer protection lawsuits against J&J prior to the time that LTL’s bankruptcy filing prevented those investigations from moving forward in 2021. King talc asbestos. New Mexico and Mississippi had already brought suits for damages against 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 filings.
New Mexico and Mississippi have decided to declare LTL’s bankruptcy unfinished in a joint move with cancer victims as well as those affected by cancer and the U.S. Justice Department’s bankruptcy watchdog. They argue that a profit-making business like J&J cannot benefit from bankruptcy protections meant for those struggling with debt.
The first time LTL attempted to settle the bankruptcy-related lawsuits was dismissed following similar arguments. The U.S. appellate court ruled that LTL was not in “financial trouble” and thus not eligible to receive bankruptcy relief. King talc asbestos. LTL declared bankruptcy a second time within two hours of the dismissal, saying that the second bankruptcy was different because it was able to borrow less and had more support for an agreement.
New Mexico and Mississippi said in their motion for dismissal that LTL’s bankruptcy renewal violates state law enforcement authorities in attempting to unilaterally limit the company’s liability for state consumer protection measures.
King Talc Asbestos
LTL’s filings for the new year also contained more information on how the company plans to evaluate and pay cancer claims should the bankruptcy plan be approved.
The largest amount of money under the settlement would be $500,000 for people diagnosed with mesothelioma that is terminal before age 45, and $260,000 for those who have been diagnosed with ovarian cancer that is terminal before age 45.
From there, the proposed settlement offers discounts based on the severity and type of cancer, the individual’s age, history of using talc and other factors. King talc asbestos. For example, a woman who used talc products weekly, had an ancestral history of ovarian cancer and was diagnosed with Stage II cancer of the ovary by age 55 may qualify for a $21,125 payment under the program.
Judge gives order to J&J and talc opponents to take part in settlement talks.
Following another round of hearings in Johnson & Johnson’s attempt to implement a Texas Two-Step bankruptcy strategy for talc litigation, federal bankruptcy Judge Michael Kaplan has ordered the company and those opposed to 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 set up by J&J to manage the claims company offered a settlement of $8.9 billion. King talc asbestos. While one firm representing plaintiffs is in favor of the deal, another group opposes the deal.
Earlier this week, the opposition group, called”The Official Committee of Talc Claimants, urged the bankruptcy court to disqualify the petition argument that LTL can not be considered in financial hardship.
“The filing is an incredibly legal and ineffective attempt by a few of law firms to block claimants from voting on the resolution plan – a plan that the overwhelming majority of claimants are in favor of,” J&J’s litigation chief Erik Haas, said in an announcement. King talc asbestos. “The law firms involved in these filings have interests in finance that are in conflict with, differ from and are in opposition to the interests which their clientele. We’ll submit an appeal before the court of appeals.”
King talc asbestos. Clay Thompson, a lawyer for MRHFM who includes more than mesothelioma clients who have sued J&J, said that the company’s second bankruptcy try will fail.
“J&J sends out press releases about how wonderful its plans are, but is insisting that the details of its plan–including the treatment the individual sick individuals would receive — be kept private,” Thompson said in the statement. “What do J&J have to keep secret?”
Kaplan has commanded the parties to develop a new reorganization plan, under the oversight by two mediators.
In February 2022, Kaplan confirmed J&J’s recourse to Chapter 11 to hasten a settlement that would free J&J from the tens of thousands of claims related to its talcum-based products.
But in the month of January, a federal appeals court ruled against the verdict, ruling that the business could not be considered in “financial financial distress.”
The J&J’s plan to appeal to the U.S. Supreme Court was rejected on April 1, J&J filed for its second bankruptcy roughly two hours after. In response, Kaplan froze the lawsuits for 60 calendar days to decide whether to allow the second bankruptcy.
J&J’s unstoppable profit machine sputters after $6.9B cost of litigation involving talc.
With two Chapter 11 attempts, J&J has bought 19 months during which cases were put suspended. King talc asbestos. The company is requesting that claimants decide whether they want to accept the settlement. J&J requires 75% support in order for the agreement to be accepted.
Alongside the group of talc lawyers who criticised the company’s bankruptcy play as well, the U.S. Trustee which is a division belonging to the U.S. Department of Justice, also filed motions to dismiss LTL’s bankruptcy second case.
In a statement this week, U.S. trustee Andrew R. Vara wrote that the bankruptcy are “open to honest, but naive debtors.” These doors “are not open to any parties that lack a legitimate bankruptcy goal or who seek to take advantage of the bankruptcy process to hinder or delay their creditors,” Vara continued.
In its own words, J&J maintains there is no definitive evidence to suggest that its Talc products, which includes its famous baby powder, cause cancer. J&J has adopted 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 is determined to stay clear of the expense of going to trial. The company has won the majority of the cases decided during trial, however, certain losses have been harsh.
A well-known trial in Missouri ended in an $4.7 billion verdict against the drug company and was later lowered 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 cases involving talc, which are in appeal or concluded. In 41 trials 32 have resulted in an outcome for J&J either through a mistrial or verdict for a plaintiff that was reversed after appeal. King talc asbestos. Separately, the company has announced plans to settle more than 1000 cases at a cost of $110 million. Bloomberg stated at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – King Talc Asbestos
Our lawyers handle the baby powder litigation in all 50 states. The talcum powder lawsuits for Johnson & Johnson have been going on for a long time. King talc asbestos. The lawsuits contend that the prolonged use of the powder (or “talc”), the active ingredient found in products such as baby Powder along with Shower to Shower, can cause cancer of the ovary in certain women.
This page offers the J&J Talc Power litigation update and examines how the coming bankruptcy ruling impacts the ultimate settlement amounts of the Ovarian Cancer lawsuits.
Has the deadline passed for you to bring a talcum lawsuit? Many who believe that the deadline has passed to sue Johnson & Johnson are wrong. Call us at 800-553-882 or get a free and quick review of your case online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – King Talc Asbestos
June 2, 2023 Update: During the asbestos talc case that took place in California yesterday, a few technical glitches interrupted the opening speech of defense attorneys. King talc asbestos. Jurors who were watching from home via Zoom, did hear Johnson & Johnson’s lawyer expressing doubt about the 70s research asserting the presence of asbestos in their product prior to the proceedings abruptly ended.
The plaintiff was able to present their first witness, Arthur Langer. Langer said that the presence of other minerals in the talc’s mineral content is inevitable. He also testified that his team advised J&J in 1971 about the presence of chrysotile asbestos the talc manufactured by the company, though with just 0.1 percent. He also uncovered more asbestos in 1976.
June 1, 2023 Update: King talc asbestos. This is the first court trial that has taken place since J&J decided to spin off its talc division and declare bankruptcy is an important turning point within the ongoing lawsuit saga. Trial began yesterday in the poignant trial of a young plaintiff who was diagnosed with an extremely rare and aggressive form of mesothelioma last year. a diagnosis lawyers on both sides believe is a tragic loss.
The opening statements exposed the stark differences in each side’s narrative. The attorney for the plaintiff took aim at Johnson & Johnson, alleging that the company employed deceitful tactics in research practices and throughout the litigation procedure. The attorney claims that, according to, the company attempted to manipulate the definition of asbestos despite internal documents from 1978 and 1994 showing that asbestos fibers that were found in the plaintiff’s tissue are included.
Johnson & Johnson’s uncertain $8.9 billion settlement deal hangs in the balance with the course of this trial. Despite the particularity of this mesothelioma-related case and its unique challenges compared to the majority of talcum powder lawsuits A verdict in favor of the plaintiff could result in an enormous setback for J&J’s hopes of broad acceptance of their proposed settlement with plaintiffs.
May 31, 2023 Update: Johnson & Johnson’s bankrupt talc business strongly defended its 2nd Chapter 11 filing in the opposition of injured talc claimants. In an appeal to the New Jersey bankruptcy court, it argued that the situation was fundamentally different from the earlier filing. It emphasized the unprecedented commitment of $8.9 billion to J&J, the biggest settlement ever to be made in the history of a mass tort bankruptcy. King talc asbestos. It was not mentioned how the magnitude of the settlement signifies that it’s a fair settlement. J&J also claimed support from several plaintiffs’ legal companies representing over 60,000 claimants. This is hard to verify but is probably incorrect.
May 24, 2023 Update: Since Johnson & Johnson’s bankruptcy in 2021 filing, the very first trial regarding its cosmetic talc products allegedly with asbestos content is scheduled to start jury selection Monday in California within the Alameda County Superior Court, the most favored place for plaintiffs. The plaintiff asserts that his mesothelioma resulted from asbestos exposure in J&J’s product, an allegation that the company does not deny. The trial also involves six retailers who are accused of selling talc-based products.
May 22nd, 2023 Update: Lawyers in the 2nd J&J talc bankruptcy are fighting over who should be chosen to fill the role of a future claims representative, which is vitally important to resolving the talc claims. King talc asbestos. Randi Ellis, a lawyer who regularly appears in MDLs throughout the United States, was appointed as the claims representative in the initial bankruptcy. J&J’s defense team wants Ellis to be appointed to this position yet again, but the lawyers for the plaintiffs in talc are arguing because Ellis has a conflict of interest that would prevent her from being appointed to that post again. The conflict stems from the possibility that Ellis was believed to have been involved in drafting the hotly disputable second bankruptcy, which raises doubts about her capability to remain neutral. The reality is this bankruptcy could be tossed out anyway.
May 17, 2023 Update The fake company J&J created to settle the talc litigation bankruptcy disclosed to the New Jersey bankruptcy court that they had allocated $400 million to pay the claims made by states accusing J&J of misleading marketing for its talc products. King talc asbestos. That’s an $8.5 billion settlement to cancer victims. It’s hard to imagine any scenario in which J&J will be able to push the settlements of baby powder through at these numbers. Although J&J’s $8.5 billion offer may seem like a huge sum initially, it may not look good after you calculate the figures. This settlement proposal – by our rough calculations – would not pay victims much more than an average settlement $100,000 per case. That is not enough.
May 15th, 2023, Update J&J is potentially facing a lawsuit by an advocacy group representing cancer patients. King talc asbestos. The group claims that J&J intentionally canceled an $61.5 billion fund-raising agreement with its subsidiary, LTL Management LLC, in order to create a false sense of financial distress and validate the unit’s Chapter 11 bankruptcy filing. The group claims that this move is equivalent to a fraudulent transfer of rights of compensation for victims. They plan to explore J&J’s actions after the announcement of the denial of LTL’s first bankruptcy suit.
May 10, 2023 Update: Next week in the U.S. Bankruptcy Court in New Jersey will hear oral arguments on a petition to dismiss the second bankruptcy application of J&J LTL Management, J&J’s subsidiary. LTL Management. However, in the meantime, it has approved an Order that requires both parties to participate in a new settlement mediation to see if it will be possible to reach a global settlement agreement been reached.
May 5th 2023 Update: Talc producer Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to many lawsuits claiming that its talc products caused cancer from asbestos exposure. King talc asbestos. Over 2,700 people have sued the company, and it was paying $1 million per month on legal defense. The company’s recent $29million settlement on the state of South Carolina forced it to pursue bankruptcy protection, and arguing for equitable distribution of assets between talc claimants rather than being seized from the receiver. Other talc suppliers have also been forced to file for bankruptcy as a result of lawsuits.
May 4, 2023 Update: U.S. bankruptcy judge Michael Kaplan has directed Johnson & Johnson to resume settlement discussions with lawyers who rejected Johnson & Johnson’s $8.9 billion deal. In Trenton, New Jersey yesterday, the parties appeared in court to discuss next steps for their second bankruptcy matter. Judge Kaplan encouraged further settlement talks.
This is the solution to resolve these claims for J&J. A baby powder settlement could be made. King talc asbestos. However, it’ll require more money – billions of dollars – by Johnson & Johnson.
Lawyers are divided on whether to accept the proposal and not all clients view the issue the same way their lawyer sees it. This second case of bankruptcy is likely to fail, the judge Kaplan has scheduled a hearing in June to determine whether to dismiss the bankruptcy for the second time.
May 3 2023 Update: A group of cancer victims who are suing Johnson & Johnson (J&J) requested for J&J’s Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it attempts to block litigation regarding talc-related products. The group representing the claimants made a motion Tuesday asking that the Third Circuit to consider their appeal and return the case the lower court with instructions for dismissing the bankruptcy. King talc asbestos. They also asked that the stoppage of tort litigation against J&J be allowed to continue.
LTL requested Chapter 11 protection once again following its bankruptcy filing that was rejected in the Third Circuit earlier this year with the possibility of an $8.9 billion payment. The committee argues that the recent decision allowing LTL’s third Chapter 11 to continue, in addition to halting trials against J&J and J&J, requires immediate Third Circuit review. The US Trustee also requested that an New Jersey bankruptcy court dismiss the LTL bankruptcy case. J&J’s global vice-president of litigation Erik Haas, was quoted by Bloomberg as saying that J&J plans to file a reply in the appeals court declaring the filing a “desperate and legally deficient effort” by a select group of law firms that have competing financial interests.
May 1, 2023 Update: One common question that people ask is how plaintiffs and their lawyers turn around $8.9 billion. That’s of course an enormous amount of money. However, there are lots of victims. King talc asbestos. And these are really good arguments for plaintiffs. We were reminded of this last week by two talc-related trials that led to huge verdicts for the plaintiffs. In February, a talcum powder mesothelioma trial in Oregon was settled with a verdict in the amount of $18.1 million. The following month, a second talc mesothelioma case went to trials at South Carolina and resulted in a verdict of $29 million for the plaintiff. It was the same defendant as in these cases: Whittaker, Clark & Daniels Inc., one of the most prominent manufacturers of talc in U.S.
April 30th 2023 Update: J&J initially tried to take the talcum powder lawsuit into bankruptcy, it was met with the option of putting aside $2 billion for settlements. The sum was ridiculously low. All of the talc plaintiffs agreed with it. This time, however, J&J has increased the offer to $8.9 in the event that the talc victims agree to a bankruptcy settlement and they also have the backing of a significant section of the talc victims and their lawyers. King talc asbestos. However, 75% of plaintiffs of talc are required for bankruptcy plan approval is not an easy task due to the sheer number of lawyers with massive 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 dismiss their Chapter 11 case filed by LTL Management LLC, a absurdly made-up Johnson & Johnson subsidiary, insisting that 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. King talc asbestos. LTL was denied Chapter 11 in January. 3rd Circuit dismissed its first Chapter 11 case in January in a ruling that said the company was not eligible for bankruptcy relief since it did not show financial distress.
The claimants assert that LTL’s third Chapter 11 case is an abuse of the bankruptcy system and that it’s being pursued in bad good faith. J&J says the bankruptcy settlement receives “significant backing” from companies representing approximately 60,000 plaintiffs. It’s fair to say plaintiffs’ lawyers and victims ‘ lawyers are not united over this $8.9 billion settlement offer.
April 21, 2023 Update: A bankruptcy judge ruled the company Johnson & Johnson must face new lawsuits alleging that it offered a baby powder with a contaminant that caused cancer. Although trials for Talc lawsuits are suspended for at least 60 calendar days however, new lawsuits may be filed, and lawyers can begin preparing their cases. King talc asbestos. The judge expressed skepticism over J&J’s ridiculous effort to revive its strategy with a second bankruptcy case.
April 13th 2023 Update: The big news is the $8.9 billion over 25 years settlement offer. Lawyers representing cancer victims involved in the MDL class action have pledged to challenge the settlement the talc claimants. Why? They argue that it’s not enough to pay for 70 000 cancer patients. King talc asbestos. They argue that J&J should negotiate a bigger settlement or even litigate individual claims if the most recent bankruptcy is declared unconstitutional.
But there is another group of lawyers that is not part of the leadership group in that class action. These lawyers have collectively amassed tens of thousands of cases. This group wants to settle now for what is believed to be less than these victims deserve. Their argument seems to be twofold. First, they argue the settlement – about an average of $100,000 per plaintiff – is fair.
It’s a difficult argument to make. However, their second argument has more substance: the victims will no longer wait and want their money now.
April 12 2023 Update: Some people are asking how J&J can file for bankruptcy again. The answer is complex and complicated. But let’s try to explain the issue in a simple way.
Johnson & Johnson asserts that bankruptcy is the only way to deal with both present and future talc litigations in a definitive manner. Also, it thinks it can get a lower rate in the event of a bankruptcy element that creates pressure to negotiate a settlement. King talc asbestos. Driving past more than 400 years in American history, the company asserts that bankruptcy benefits all parties by distributing settlement payments more equitably and more efficiently than trial courts which are where litigants get significant awards while others receive nothing.
The essence of this 3rd Circuit decision was this is not a case of a profitable company making an affiliate to accept the legal responsibility and declare bankruptcy Congress contemplated when drafting the Bankruptcy Code. However, it also stated that the entity was financially distress due to the fact that J&J promised unlimited funding.
Thus, J&J did not hesitate to take advantage of the unlimited funding part of the agreement and didn’t make any promises to fund unlimited lawsuits. J&J claims that its revised financing arrangements with its subsidiary will address appeals court’s concerns, while offering claim payment funds. As if offering victims less money would solve the problem at hand.
Attorneys representing cancer victims who are against the agreement argue this with what you conclude is the legal argument. King talc asbestos. They counter with legal absurdity: J&J fraudulently transferred $50 billion in assets away from LTL Management to circumvent the appeals court’s decision. Hyperbole was not spared: victims’ lawyers call it the biggest “fraudulent transfer in United States history.”
In spite of the legal jargon, J&J does not really believe this bankruptcy will be able to last. But it is a way to push for this $8.9 billion settlement to keep pressure on plaintiffs.
April 10 2023, Update Bloomberg offers an informative piece on a law that has been passed of New Jersey that is shedding new light on litigation funding in the plaintiffs in the class action. Funders of litigation Virage Capital Management and TRGP Capital invested in hundreds of lawsuits that were brought against Johnson & Johnson (J&J) concerning talc products in exchange for a portion of any profits. J&J has now offered that it will pay $8.9 billion to settle lawsuits.
The involvement of the funders is publicly available due to an New Jersey court rule requiring the release of certain details about outside funding backers. The rule aims to address the rising calls for regulation of litigation funders. J&J faces over 60,000 claims when you include federal and state infant powder litigation. Third-party funding in mass tort claims is not without its pros and cons. However, there is no doubt that we are witnessing how third-party funding could level the playing field between people and large corporations in court.
April 4 2023 Update: It is interesting to watch the worm turn in this legal battle. J&J suffered another setback this week, when an appeals court in the Third Circuit denied J&J’s request to maintain the automatic stay during the time that J&J appeals a bankruptcy ruling at the U.S. Supreme Court. Automatic stays have stopped hundreds of cases involving talcum powder and stopped any new lawsuits from arising ever since J&J started the controversial process to spin the talc liabilities into a bankrupt subsidiary over a year back. King talc asbestos. When it was decided that the 3rd Circuit ruled that this bankruptcy was invalid some months ago, the stay was revoked. J&J was hoping to have it continued pending hearing the 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 chance is that the Supreme Court is willing even to accept the appeal? Low.
March 16 2023 Update: with the bankruptcy stay now officially lifted, the first new cases have been filed and transferred into the class action involving talcum powder MDL in just over a year. Seven new talc cases were joined to the MDL in the last 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 is now demanding that the U.S. Government Accountability Office (GAO) begin an investigation into the amount 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.) has accused J&J of failing to recognize the dangers of its talc product for many years, while tax dollars were spent treating those injured by exposure to the products. The suit comes just a few days after J&J’s loss to the 3rd Circuit Court of Appeals.
King talc asbestos. J&J should begin to make reasonable settlement offers to victims to in putting this behind it. It’s a mark on one of the most prestigious firms.
February 14 2023 Update: At an appearance today in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention in light of the ruling of 3rd U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.
You May be Entitled to Significant Compensation King talc 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!