You May be Entitled to Significant Compensation New jersey asbestos talc verdict. 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. New Jersey Asbestos Talc Verdict .
Johnson & Johnson (JNJ.N) has put the amount of $400 million for resolving U.S. state consumer protection actions as part of a broad $8.9 billion deal to settle allegations that it’s Baby Powder and other talc-based products cause cancer. New jersey asbestos talc verdict.
J&J subsidiary LTL Management filed a bankruptcy plan in New Jersey late on Monday which outlines how the company plans to pay different kinds of cancer victims as part of a bankruptcy settlement. New jersey asbestos talc verdict. J&J has declared that its Talc products are safe and will not cause cancer. It is attempting for an additional time to conclude more than 38,000 lawsuits filed in bankruptcy and prevent new cases from arising in the future.
The bankruptcy plan of LTL would pay $400 million to a separate trust for claims brought with state attorneys general alleging that J&J did not comply with the state’s unfair commercial practices as well as consumer protection laws through misleading consumers about the dangers of its talc products.
Some states had started consumer protection actions against J&J before LTL’s first bankruptcy filing prevented these investigations from moving forward in 2021. New jersey asbestos talc verdict. New Mexico and Mississippi had already brought suits with Johnson & Johnson before then and states like Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative requests or subpoenas according to court documents.
New Mexico and Mississippi have taken steps to halt the bankruptcy of LTL in a joint move with cancer victims as well as their counterparts from the U.S. Justice Department’s bankruptcy watchdog, who have argued that a profitable company such as J&J does not qualify for bankruptcy protections meant for struggling debtors.
The first attempt by LTL to resolve the bankruptcy cases was thrown out after similar arguments, when a U.S. appellate court decided that LTL did not have “financial distress” and thus not eligible of bankruptcy protection. New jersey asbestos talc verdict. LTL declared bankruptcy a second time just over two hours after the decision to dismiss, arguing that its second attempt was different as it was able to borrow less and more support for the possibility of settling.
New Mexico and Mississippi said in their motion for dismissal that LTL’s bankruptcy renewal violates state law enforcement authorities by attempting unilaterally to cap the liability of the company in state consumer protection measures.
New Jersey Asbestos Talc Verdict
LTL’s recent filings also provided more information on how the company would evaluate and pay for cancer claims if the bankruptcy plan is approved.
The largest amount of money under the settlement would be $500,000 for people diagnosed with mesothelioma terminal prior to the age of 45, and $260,000 for those who have been diagnosed with terminal ovarian cancer before age 45.
From there, the proposed settlement applies discounts depending on the nature and severity of the cancer, the person’s years of age, their history of using talc and other factors. New jersey asbestos talc verdict. For instance someone who regularly used talc products on a weekly basis, who had an ancestral history of ovarian cancer and was diagnosed Stage II cancer of the ovary by age 55 may qualify for a $21,125 payout under the settlement plan.
Judge orders J&J and talc opponents engage in settlement talks.
Following another round of hearings in Johnson and Johnson’s efforts to employ a Texas Two Step bankruptcy strategy to resolve talc litigation and federal bankruptcy judge Michael Kaplan has ordered the firm and the people who opposed the move to conduct talks to reach a settlement, Bloomberg reports.
With its second bankruptcy bid for LTL Management–a subsidiary established by J&J to handle the claims company offered a settlement amounting to $8.9 billion. New jersey asbestos talc verdict. While one firm representing plaintiffs agree with the proposal, another group opposes the deal.
The previous week, the opposition group, which is known as”the Official Committee of Talc Claimants, urged the bankruptcy court for dismissal of the matter by arguing that LTL can not be considered in financial hardship.
“The filing is an unjust and legally flawed attempt by a tiny number of law firms to try to stop claimants from voting on the resolution, which that the vast majority of claimants are in favor of,” J&J’s litigation chief Erik Haas, said in a statement. New jersey asbestos talc verdict. “The law firms who filed the filing are pursuing financial interests which clash with, diverge from, and are in opposition to the interests of their clients. We’ll be submitting an appeal an appeal to the appellate court.”
New jersey asbestos talc verdict. Clay Thompson, a lawyer for MRHFM, which includes more than patients with mesothelioma who have filed lawsuits against J&J for bankruptcy, told the second bankruptcy attempt of J&J will fail.
“J&J sends out press releases about how great the plan is but simultaneously insisting that the details of its plan–including the treatment the individual sick individuals would be treated to,” Thompson said in an announcement. “What does the company have to hide?”
Kaplan has instructed the sides to devise a second restructuring plan, with the supervision by 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 tens of thousands of claims over its talcum products.
In January of this year, a federal appeals court ruled against the verdict, ruling that the business could not be considered in “financial trouble.”
When J&J’s attempt to make an appeal before the U.S. Supreme Court was dismissed on April 1, J&J filed for its second bankruptcy roughly two hours later. In response, Kaplan froze the lawsuits for 60 calendar days to decide whether to allow to file for bankruptcy again.
J&J’s unstoppable profit engine goes out of control after $6.9B settlement charge for talc.
Through 2 Chapter 11 attempts, J&J has bought 19 months during which cases have been suspended. New jersey asbestos talc verdict. The company would like claimants to vote on accepting their settlement. J&J would need 75% acceptance in order for the agreement to be accepted.
In addition to the team of talc lawyers who panned LTL’s bankruptcy plan in the U.S. Trustee, the U.S. Trustee, a branch of the U.S. Department of Justice was also the one to file an appeal to dismiss the second bankruptcy case of LTL.
In a filing this week, U.S. trustee Andrew R. Vara wrote that the the bankruptcy court remain “open to honest but unfortunate debtors.” The doors “are not available to anyone that don’t have a legitimate bankruptcy goal or who seek to take advantage of the bankruptcy process to delay or hinder their creditors,” Vara continued.
On the other hand, J&J maintains there is no evidence conclusive that its talc products, including the famous baby powder, can cause cancer. J&J has taken the products of the market first to be available in North America in 2020–and the rest of the world this year.
J&J is determined to stay clear of the costly business of going to trial. It has won most of the cases that were decided at trial, but certain losses have been extremely punitive.
A highly-publicized trial in Missouri ended in a $4.7 billion verdict against the drug company, which was later reduced to $2.1 billion following appeals.
Johnson & Johnson faces high-stakes hearing over ‘Texas Two Step’ talc strategy: report
In all, J&J has lost nine trial cases in talc which are on appeal or have been settled. Out of 41 trials, 32 of them ended in an outcome for J&J, a mistrial or plaintiff verdicts that were annulled after appeal. New jersey asbestos talc verdict. Additionally, the company in 2020 negotiated to settle nearly 1,000 cases worth 100 million dollars, Bloomberg stated at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – New Jersey Asbestos Talc Verdict
Our lawyers handle baby powder cases in all 50 states. The talcum powder lawsuits on behalf of Johnson & Johnson have been in the process for several years. New jersey asbestos talc verdict. The lawsuits contend that the prolonged use of the powder (or “talc”), the active ingredient found in products such as Baby Powder or Shower to Shower, can cause ovarian cancer among some women.
This page gives an J&J talc power litigation update and discusses how the upcoming bankruptcy ruling will impact the final settlement amounts of the cases of ovarian cancer.
Have you reached the deadline by which you to bring a talcum lawsuit? Many people who think the time limit has expired to sue Johnson & Johnson are wrong. Contact us now at 800-553-8082 or request a free and quick case review online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – New Jersey Asbestos Talc Verdict
June 2 2023 Update: At the trial for asbestos-containing talc which took place in California yesterday, a couple of technical issues halted the opening statements made by defense lawyers. New jersey asbestos talc verdict. The jurors, attending from home on Zoom, did hear Johnson & Johnson’s lawyer expressing doubts about the 70s research claiming asbestos was present in their product prior to the opening was abruptly ended.
In the meantime, the plaintiff could present their first witness, Arthur Langer. Langer said that the presence of additional minerals along with talc is inevitable. He claimed that his group informed J&J in the year 1971 of the presence of asbestos chrysotile in the talc of the company, but with less than 0.1 percent. He also uncovered more asbestos in 1976.
June 1st, 2023 Update New jersey asbestos talc verdict. This is the first court trial that has taken place since J&J has decided to separate its Talc division, and then declare bankrupt marks an important turning point in the ongoing talc lawsuit story. The trial began on Tuesday in the poignant case of a young 24-year-old plaintiff, diagnosed with a rare and aggressive type of mesothelioma last year. which both sides believe is a harrowing tragedy.
Opening statements revealed sharp differences in the two sides’ narrative. The attorney for the plaintiff took aim against Johnson & Johnson, alleging the use of deceitful tactics in research practices and throughout the litigation process. The attorney claims that, according to, Johnson & Johnson tried to alter the definition of asbestos, despite internal documents dating back to 1998 and 1994 that show asbestos fibers that were found in the plaintiff’s tissue are included.
Johnson &J’s tangled $8.9 billion settlement is hanging in the balance as we progression of this trial. Despite the particularity of this mesothelioma case and the unique issues it faces compared to other talcum powder lawsuits and a decision in favor of the plaintiff could be a serious setback to J&J’s expectations of widespread acceptance of their proposed settlement with plaintiffs.
May 31st 2023 Update: Johnson & Johnson’s bankrupted talc unit has was able to defend its second Chapter 11 filing in the opposition of talc injury claimants. In an opposition filed with the New Jersey bankruptcy court, it argued that the filing differed fundamentally from the previous filing. It also emphasized the unprecedented commitment to $8.9 billion to J&J the largest settlement ever made in an bankruptcy case involving mass torts. New jersey asbestos talc verdict. Not mentioned: how the amount of the settlement indicates that it is a fair settlement. J&J also claimed that it received support from a variety of plaintiffs’ law firms representing more than 60,000 claimants. This is not easy to confirm however it is likely to be incorrect.
May 24 2023 Update: In the wake of Johnson and Johnson’s bankruptcy filing in 2021 filing, the first trial concerning the cosmetic talc products it claims to with asbestos content is scheduled to commence jury selection on Monday in California with Alameda County Superior Court, an historically reliable place for plaintiffs. The plaintiff asserts that his mesothelioma was caused by asbestos exposure from J&J’s products and J&J has denied. The trial also involves six retailers who are accused of selling talc-containing products.
May 22nd, 2023 Update: Lawyers involved in the second J&J talc bankruptcy are in a dispute over who should be chosen to fill the post of the claims representative in the future, the role is crucially important to resolving the Talc claims. New jersey asbestos talc verdict. Randi Ellis, a lawyer who regularly appears in MDLs all over the nation was appointed the claims representative during the first bankruptcy. J&J’s defense team wants Ellis to be named to the position and again, but attorneys for the talc plaintiffs are protesting to the claim that Ellis has an unrelated conflict of interest which should stop her from taking on that role once more. This conflict is rooted in the fact that Ellis was believed to have been involved in drafting the hotly disputable second bankruptcy, which raises concerns regarding her capacity to remain neutral. In reality, the bankruptcy will be dismissed in the end.
May 17, 2023 Update: The pretend company J&J made up to handle the bankruptcy of talc has informed a New Jersey bankruptcy court that they have set aside $400 million to settle claims brought by states accusing the company of misleading advertising for its talc products. New jersey asbestos talc verdict. This amounts to an $8.5 billion settlement for cancer sufferers. It’s difficult to envision the scenario in which J&J could push these baby powder settlements through given these numbers. While J&J’s proposed $8.5 billion offer might seem like a huge sum at first, it does not appear appealing when you do the math. The proposed settlement based on our rough calculations – would not pay victims much more than an average settlement $100,000 per case. It’s not enough.
May 15, 2023, Update J&J is potentially facing a lawsuit brought by an advocacy group that represents cancer patients. New jersey asbestos talc verdict. The group argues that J&J intentionally withdrew a $61.5 billion contract for funding in conjunction with its affiliate, LTL Management LLC, in order to create a false sense of financial distress and confirm the unit’s Chapter 11 bankruptcy filing. The group claims that this move amounts to a fraudulent transfer of victims’ compensation rights. They are planning to study J&J’s actions following of the decision to dismiss the LTL’s bankruptcy case in its first instance.
May 10, 2023 Update: Next week, this week the U.S. Bankruptcy Court in New Jersey will hear oral arguments on a petition to dismiss the second bankruptcy petition filed of J&J subsidiaries LTL Management. However, in the meantime the bankruptcy has issued an order which requires both sides to participate in a new settlement negotiation with the hopes of achieving it will be possible to reach a global settlement agreement reached.
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. New jersey asbestos talc verdict. More than 2700 people have filed lawsuits against the firm, and it was spending $1 million a month to defend its legal position. The company’s most recent $29 million verdict in South Carolina forced it to file for bankruptcy protection, arguing for a fair distribution of assets among talc claimants instead of being seized in the hands of the receiver. Other talc suppliers have also filed for bankruptcy due to lawsuits.
May 4 2023 update: U.S. bankruptcy judge Michael Kaplan has directed Johnson & Johnson to relaunch talks with lawyers who have rejected the company’s proposed $8.9 billion deal. In Trenton, New Jersey yesterday, the parties gathered in court to discuss the next steps to take in the second bankruptcy case and Judge Kaplan was pushing for more settlement discussions.
This is the solution to settle these claims with J&J. A baby powder settlement can get done. New jersey asbestos talc verdict. But it’ll need more money – more billions of dollars – of Johnson & Johnson.
Lawyers are divided on whether to accept the proposal and not all clients see the issue the same way their attorney does. Second bankruptcy cases are destined to be a failure the judge Kaplan has set a date for a hearing in June to decide if he will remove the bankruptcy after the second.
May 3 2023 Update: A group representing cancer patients suing Johnson & Johnson (J&J) requested an order from J&J’s 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 claimants for talc submitted a motion on Tuesday requesting to the Third Circuit to consider their appeal and return the case to a lower court with instructions to dismiss the bankruptcy. New jersey asbestos talc verdict. They also requested that the halted tort litigation against J&J should be permitted to proceed.
LTL filed for Chapter 11 protection once again after its first bankruptcy filing was rejected by the Third Circuit earlier this year, offering the possibility of an $8.9 billion payment. The committee says that the recent decision allowing LTL’s second Chapter 11 to continue, as well as halting the trials against J&J, warrants urgent Third Circuit review. The US Trustee also asked that it be requested that the New Jersey bankruptcy court dismiss the LTL bankruptcy case. J&J’s vice president for global litigation Erik Haas, was quoted by Bloomberg as saying that J&J plans to file a response in the appeals court, characterizing the filing as an “desperate and legally flawed attempt” by a select group of law firms that have competing financial interests.
May 1st 2023 Update: A common question that people ask is how plaintiffs and their lawyers turn down $8.9 billion. Of course, that is an enormous amount of money. However, there are lots of victims. New jersey asbestos talc verdict. These are actually a good cases for plaintiffs. We have been reminded of this recently by two talc-related trials that have resulted in huge verdicts for the plaintiffs. In February the mesothelioma case involving talcum powder trial in Oregon was settled with a verdict that was $18.1 million. A month later, another mesothelioma trial involving talc was held for the court on the other side of South Carolina and resulted in a verdict of $29million for the plaintiff. The defendant in both cases was Whittaker, Clark & Daniels Inc. which is one of the top suppliers of talc within the U.S.
April 30th 2023 Update: J&J initially tried to take the talcum powder lawsuit into bankruptcy, it did so with the option of putting aside $2 billion to settle the case. The amount was absurdly low. The talc plaintiffs had not agreed with the proposal. This time around, however, J&J has increased the offer to $8.9 for talc-related plaintiffs if they agree to a bankruptcy settlement and they also have the backing of a significant part of the talc-related plaintiffs and their lawyers. New jersey asbestos talc verdict. But 75% of the talc plaintiffs, which is required for bankruptcy plan approval, it a tough road due to the sheer number of lawyers with huge inventories of baby powder lawsuits opposed in favor of the deal.
What is the solution to this impasse? More billions.
April 25 2023, Update Talc patients have sought a court order to reject their Chapter 11 case filed by LTL Management LLC, a absurdly fabricated Johnson & Johnson subsidiary, insisting that the company is not financially distressed. LTL filed for Chapter 11 to settle tens of thousands of claims that J&J’s baby powders cause cancer. New jersey asbestos talc verdict. The 3rd Circuit dismissed its first Chapter 11 case in January, saying the company was not eligible to receive bankruptcy relief because it did not show financial difficulties.
The claimants contend that the third Chapter 11 case is an overreach of the bankruptcy system, and that it is being pursued in bad good faith. J&J says the bankruptcy settlement has “significant support” from the firms that represent around 60,000 plaintiffs. It’s fair to say that 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 decided in favor of Johnson & Johnson must face new lawsuits alleging that the firm sold a baby powder that contained a chemical that causes cancer. Although trials for the lawsuits involving talc are delayed for at least 60 days and new lawsuits are able to be filed and lawyers will begin preparing their cases. New jersey asbestos talc verdict. Judges expressed skepticism about J&J’s absurd attempt to relaunch its strategy in the second bankruptcy case.
April 13th, 2023 Update: biggest news is the $8.9 billion over the next 25 years of settlement. Lawyers representing cancer patients in the MDL Class Action have pledged to fight the settlement with Talc claimants. Why? They feel it’s not enough for more than 70,000 cancer victims. New jersey asbestos talc verdict. These lawyers believe that J&J could negotiate a greater settlement or litigate individual claims if the most recent bankruptcy is dismissed.
There is a different lawyer group that isn’t part of the leadership of that class action. The lawyers collectively have accumulated hundreds of thousands of cases. This group wants to settle in what many believe to be less than these victims deserve. Their argument is two-fold. First, they argue that the settlement, which is about 100 million dollars on average per plaintiff – is fair.
This is an argument that is difficult to argue. However, their second argument has more force: the victims can not afford to wait any longer and need to get their money right now.
April 12 2023 Update: Some people are looking for ways J&J could file for bankruptcy again. The answer is complicated and confusing. However, let’s attempt to explain the issue in a simple way.
Johnson & Johnson asserts that bankruptcy is the only option to address both present and future talc-related lawsuits definitively. In other words, it thinks it will pay less when there is an element of bankruptcy that puts pressure to settle. New jersey asbestos talc verdict. Going back to hundreds of years of American time, the business asserts that bankruptcy benefits all parties as it distributes settlements more fairly and effectively than trial courts where litigants are awarded significant settlements while others get nothing.
The gist in the 3rd Circuit decision was this is not a matter of one that makes a profit, but subsidiaries to meet the legal risk and declare bankruptcy – Congress thought of when drafting its Bankruptcy Code. It also clarified it was not financially crisis due to the fact that J&J promised unlimited funding.
Thus, J&J did not hesitate to take advantage of the unlimited funding portion of the contract and didn’t make any promises to provide unlimited funding for the litigation. The company claims that revised financing arrangements with its subsidiary addresses the concerns of the appeals court while providing funds for claims. In the hope that offering victims less money will solve the overall issue.
Lawyers representing cancer patients who oppose the agreement counter this argument by saying that it is a defense against legal nonsense by pointing out legal nonsense: J&J fraudulently transferred $50 billion of assets from LTL Management to circumvent the appeals court’s previous ruling. The hyperbole wasn’t spared: victims’ lawyers call it the largest “fraudulent transaction of assets in United States history.”
In spite of the legal jargon, J&J does not really believe that this bankruptcy will last. But it’s a way of trying to push this $8.9 billion settlement through and maintain the pressure on plaintiffs.
April 10, 2023 Update Bloomberg provides an insightful article on a new law in New Jersey that is shedding new light on the funding of litigation in the suit for class actions. Funders of litigation Virage Capital Management and TRGP Capital invested in hundreds of lawsuits in the case of Johnson & Johnson (J&J) on behalf of talc products. They exchanged for a share of any wins. J&J has now offered the payment of $8.9 billion to settle lawsuits.
The involvement of funders is public information because of the New Jersey court rule requiring the release of certain details regarding outside funding backers. The rule aims to respond to the increasing calls for regulation of litigation funders. J&J is facing more than 60,000 claims when you take into account state and federal baby powder lawsuits. Third-party financing in mass tort cases has pros and cons. But there is no question that we are witnessing how third-party financing can help level the playing field for individuals as well as large corporations in court.
April 4, 2023 Update: It is pleasing to see the worm turning in this legal battle. J&J was hit again this week, when they were denied by the Third Circuit denied J&J’s request to keep the automatic stay in place as J&J appeals an appeal to the U.S. Supreme Court. The automatic stay has halted hundreds of cases involving talcum powder and prevented new lawsuits from getting filed ever since J&J launched the controversial attempt to spin the talc debts into a bankrupt company over a year ago. New jersey asbestos talc verdict. After the 3rd Circuit ruled that this bankruptcy was invalid a few months ago, the stay was lifted. J&J had hoped to have it remain in effect until the 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 odds that for the Supreme Court is willing even to accept the appeal? Low.
March 16th, 2023 Update: with the bankruptcy stay having been fully lifted, the first new cases have been filed and transferred into the class action involving talcum powder MDL within a year. Seven new talc lawsuits have been brought into the MDL over the last month which brings the total number of cases pending to 37,522.
February 25 2023 Update: A Congressmen from Tennessee is now requesting that authorities from the U.S. Government Accountability Office (GAO) start an investigation to determine how much J&J talc products have cost the government in the decades.
A recent email to the GAO, Rep. Steven Cohen (D-Ten.) accused J&J of not recognizing the risks of its talc products over years while tax dollars were spent on treating people who suffered injuries from exposure to the product. The lawsuit comes just a few weeks after J&J’s major loss in the 3rd Circuit Court of Appeals.
New jersey asbestos talc verdict. J&J needs to start making fair settlement offers to victims, in order to put all of this behind. It’s a mark on one of the world’s greatest businesses.
February 14 2023 Update: During a hearing today at the hearing in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention in light of the third U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.
You May be Entitled to Significant Compensation New jersey asbestos talc verdict. 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!