You May be Entitled to Significant Compensation New jersey mesothelioma lawsuits. Johnson & Johnson powders were proven to contain asbestos (a cancer causing agent) and the company failed to notify users of the cancer risk. $2 BILLION has already been awarded to claims. Free To File! No Fees Unless A Settlement Is Awarded!
J&J’s proposed talc settlement will be worth the sum of $400 million US state AGs. New Jersey Mesothelioma Lawsuits .
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 claims that its Baby Powder and other talc-based items cause cancer. New jersey mesothelioma lawsuits.
J&J subsidiaries LTL Management filed a bankruptcy plan in New Jersey late on Monday which outlines how the company will pay various types of cancer victims in the bankruptcy settlement. New jersey mesothelioma lawsuits. J&J has said that its Talc products are safe, and won’t cause cancer. It’s trying for the second time to end more than 38,000 cases in bankruptcy and stop new cases from being filed in the near future.
LTL’s bankruptcy plan would pay $400 million into a separate trust for claims brought in state courts by attorneys general claiming that J&J violated state unfair business practices as well as consumer protection laws by misleading consumers about the security of its talc-based products.
Many states had initiated consumer protection lawsuits against J&J prior to the first bankruptcy filing stopped these investigations from moving forward in 2021. New jersey mesothelioma lawsuits. New Mexico and Mississippi had already brought suit with Johnson & Johnson before then and the states of Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative demands or subpoenas in LTL’s court filings.
New Mexico and Mississippi have moved to dismiss LTL’s bankruptcy, joining cancer victims as well as those affected by cancer and the U.S. Justice Department’s watchdog on bankruptcy, who have claimed that a lucrative company such as J&J does not qualify for bankruptcy protections designed for struggling debtors.
The first attempt by LTL to resolve the lawsuits in bankruptcy was thrown out after similar arguments, when a U.S. appeals court decided in favor of LTL was not in “financial difficulty” and was not eligible for bankruptcy protection. New jersey mesothelioma lawsuits. LTL had filed for bankruptcy again within two hours of the dismissal, saying that the second bankruptcy was different in that it had less money and more backing for the possibility of settling.
New Mexico and Mississippi said in their motion for dismissal that LTL’s renewed bankruptcy violates the law enforcement powers of the state in attempting to unilaterally limit the liability of the company for state consumer protection measures.
New Jersey Mesothelioma Lawsuits
The filings of LTL’s latest bankruptcy proceedings also include additional details about how the company would assess and pay cancer claims if the bankruptcy plan is approved.
The maximum amount under the settlement would be $500,000 for people diagnosed with terminal mesothelioma before age 45 and $260,000 for those who have been diagnosed with terminal ovarian cancer prior to age 45.
The proposed settlement provides discounts based on the severity and type of cancer, an individual’s years of age, their history of the use of talc, and other aspects. New jersey mesothelioma lawsuits. For instance someone who regularly used talc products on a weekly basis, who had an ancestral history of ovarian cancer, and was diagnosed with an ovarian cancer stage II at the age of 55 may be eligible to receive a payment of $21,125 according to the plan.
Judge gives order to J&J and talc opponents to participate 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, federal bankruptcy Judge Michael Kaplan has ordered the company and those opposing the plan to enter into talks to reach a settlement, Bloomberg reports.
With its second bankruptcy bid for LTL Management–a subsidiary established by J&J to settle claims – the company offered a settlement of $8.9 billion. New jersey mesothelioma lawsuits. While one group of law firms representing plaintiffs agree with the offer, another group is opposed to the offer.
In the last week, an opposition group, dubbed”The Official Committee of Talc Claimants, urged the bankruptcy court to dismiss this case by arguing that LTL is not considered to be in financial hardship.
“The filing is a desperate and legally ineffective attempt by a handful of law firms to try to block claimants from voting on the resolution plan–a plan the vast and growing majority of claimants approve of,” J&J’s litigation chief Erik Haas, said in a statement. New jersey mesothelioma lawsuits. “The law firms involved in these filings have interests in finance that do not align with, differ from and oppose the interests they represent. We’ll submit an appeal an appeal to the appellate court.”
New jersey mesothelioma lawsuits. Clay Thompson, a lawyer for MRHFM which has more than 80 patients with mesothelioma who have filed lawsuits against J&J claimed that the second bankruptcy attempt of J&J will fail.
“J&J issue press releases that boast about how amazing the plan is but simultaneously requesting that details of the plan, such as what each sick person will be treated to,” Thompson said in the statement. “What do J&J have to hide?”
Kaplan has instructed the sides to create a reorganization plan, under supervision and supervision of mediators.
On February 20, 2022 Kaplan affirmed the ability of J&J’s recourse to Chapter 11 to hasten a settlement that will free J&J from the tens of thousands of claims concerning its talcum products.
In January of this year, an appeals court in the United States overturned the ruling, ruling that the firm could not be considered to be in “financial trouble.”
When J&J’s attempt to appeal to the U.S. Supreme Court was denied the same month, J&J was granted a second petition for bankruptcy two hours after. In response to that move, Kaplan froze the lawsuits for 60 days in order to determine whether or not to accept the second bankruptcy.
J&J’s unstoppable profit engine sputters after $6.9B the talc litigation cost.
With 2 Chapter 11 attempts, J&J has gotten 19 months of which cases were put on hold. New jersey mesothelioma lawsuits. The company wants claimants to take a vote to accept their settlement. J&J will require 75% support for the deal to pass.
In addition to the group of talc lawyers that criticized the company’s bankruptcy play and the U.S. Trustee which is a division that is part of the U.S. Department of Justice was also the one to file a motion to dismiss the second bankruptcy case of LTL.
In a letter filed this week, U.S. Trustee Andrew R. Vara wrote that the doors of the bankruptcy court are “open to honest but unfortunate debtors.” The doors “are not accessible to those who do not have a legitimate bankruptcy goal or who seek to use the bankruptcy process to hinder or delay their creditors.” Vara continued.
To its credit, J&J maintains there is no definitive evidence to suggest that its Talc products, which includes its iconic baby powder, 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 next year.
J&J wants to avoid the cost of going to trial. J&J has won most of the cases decided in court, however certain losses have been punishing.
A highly-publicized trial in Missouri resulted in a $4.7 billion judgment against the drug manufacturer 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 cases involving talc, which are on appeal or have been settled. Out of 41 trials 32 have resulted in the favor of J&J or a mistrial, or plaintiff verdict that was dismissed after appeal. New jersey mesothelioma lawsuits. Additionally, the company in 2020 negotiated to settle around 1,000 cases for the sum of $100 million. Bloomberg published at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – New Jersey Mesothelioma Lawsuits
Our lawyers are handling the baby powder litigation in all 50 states. The lawsuits involving talcum powder for Johnson & Johnson have been going on for a long time. New jersey mesothelioma lawsuits. The lawsuits contend that the prolonged use of talcum powder (or “talc”), the active ingredient in products such as Baby Powder or Shower to Shower as well as other products, may cause ovarian cancer in certain women.
This page provides an J&J Talc Power litigation update and explains how the forthcoming bankruptcy ruling will affect the final settlement amount of the ovarian cancer lawsuits.
Is the deadline for you to bring a talcum lawsuit? Many who believe that the time limit has expired to file a lawsuit against Johnson & Johnson are wrong. Call us at 800-553-882 or request a free and quick review of your case online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – New Jersey Mesothelioma Lawsuits
June 2 2023 Update: In the trial for asbestos-containing talc at the trial in California yesterday, some technical issues interrupted the opening speech of defense lawyers. New jersey mesothelioma lawsuits. Jurors who were watching from home on Zoom and hearing the Johnson & Johnson’s lawyer voice his doubts about the 70s research that claimed asbestos was present in their product prior to the trial was abruptly closed.
Meanwhile, the plaintiff had the opportunity to introduce their first witness, Arthur Langer. Langer explained that the existence of other minerals alongside talc is expected. He also testified that his team advised J&J in 1971 of the presence of asbestos chrysotile in the talc of the company, but in less than 0.1 percent. The asbestos was discovered by him in the year 1976.
June 1st, 2023 Update: New jersey mesothelioma lawsuits. First trial after J&J made the decision to split its Talc segment and file for bankruptcy marks an important point within the ongoing litigation saga. Trial started on Monday in the poignant case of a young, 24-year-old plaintiff, diagnosed with a rare and aggressive type of mesothelioma earlier this year. which lawyers on both sides believe is a tragedy of a different kind.
Opening statements revealed the huge differences between the sides’ story. The attorney representing the plaintiff aimed his ire towards Johnson & Johnson, alleging the use of deceitful tactics in research practices and throughout the litigation process. The attorney claims that, according to, Johnson & Johnson attempted to alter the definition of asbestos, despite internal documents from between 1978 and 1994 that showed asbestos fibers in the tissue of the plaintiffs are included.
Johnson & Johnson’s precarious $8.9 billion settlement offer hangs in the balance as we progression of this trial. Despite the unique nature of this mesothelioma lawsuit and the unique issues it faces compared to the majority of talcum powder lawsuits and a decision in favor of the plaintiff could cause an unintended setback to Johnson & J’s hopes for broad acceptance of their proposed settlement among plaintiffs.
May 31st 2023 Update: Johnson & Johnson’s bankrupt talc unit was able to defend their second Chapter 11 filing in the in the face of challenges from victims of talc injuries. In an objection submitted to the New Jersey bankruptcy court, it argued that the case was vastly different from the earlier filing. It highlighted the extraordinary commitment of $8.9 billion in settlement from J&J as the biggest settlement ever to be made in the history of a mass tort bankruptcy. New jersey mesothelioma lawsuits. The issue is not discussed: whether the size of the settlement implies that it is an equitable settlement. J&J also claimed that it received support from a variety of plaintiffs’ law firms representing more than the 60,000 plaintiffs. This is difficult to verify but is probably incorrect.
May 24 2023 Update: Following Johnson &J Johnson’s bankruptcy filing, the very first trial regarding its cosmetic talc products that are believed to comprised of asbestos is set to start jury selection Monday in California within the Alameda County Superior Court, a historically good jurisdiction for plaintiffs. The plaintiff claims that his mesothelioma was triggered by asbestos exposure in J&J’s product and the company is denying. 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 appointed to the position of future claims representative. This is which is vitally important to resolving the claim for talc. New jersey mesothelioma lawsuits. Randi Ellis, a lawyer who frequently appears in MDLs throughout the United States, was appointed as the claims representative during the first bankruptcy. J&J’s defense team wants Ellis to be named to the position again, but lawyers for the talc plaintiffs are protesting due to the fact that Ellis has conflicts of interest which should stop her from taking on that role for the second time. The dispute stems from fact that Ellis was involved in drafting the hotly disputable second bankruptcy, which raises doubts about her capacity to be neutral. It’s true that this bankruptcy could be dismissed in the end.
May 17th, 2023 Update: The pretend company J&J put together to settle the talc litigation bankruptcy disclosed to a New Jersey bankruptcy court that they have allocated $400 million to settle claims made by states accusing the company of deceitful advertising regarding its talc products. New jersey mesothelioma lawsuits. It’s a $8.5 billion settlement for cancer victims. It’s hard to imagine an eventuality where J&J will be able to push these settlements for babies given these numbers. While J&J’s $8.5 billion offer might seem like a large sum initially, it may not appear appealing when you do the math. The proposed settlement based on our rough calculations would not pay victims much more than $100,000 per case. It’s not enough.
May 15th 2023 Update J&J could be facing lawsuit from an advocacy group that represents cancer victims. New jersey mesothelioma lawsuits. The group contends that J&J intentionally withdrew an $61.5 billion financing agreement in conjunction with its affiliate, LTL Management LLC, to simulate financial stress and validate the unit’s Chapter 11 bankruptcy filing. The group claims this decision could be interpreted as a fraudulent transfer of the rights of victims’ compensation. They will investigate J&J’s actions after the announcement of the dismissal of LTL’s first bankruptcy case.
May 10 2023 Update: During the next week this week, it is expected that the U.S. Bankruptcy Court in New Jersey will hear oral arguments regarding a motion to dismiss the second bankruptcy filing that was filed by J&J subsidiary LTL Management. However, in the meantime LTL Management has filed an order requiring both sides to take part in a new settlement mediation in the hope that it will be possible to reach a global settlement agreement come to fruition.
May 5th 2023 Update: The talc manufacturer Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to many lawsuits claiming that its talc products cause cancer due to asbestos exposure. New jersey mesothelioma lawsuits. Over 2700 people have sued the firm, and it was spending $1 million a month for legal defense. The company’s recent $29 million settlement that was handed down in South Carolina forced it to apply for bankruptcy protection and argue for a fair distribution of assets between the claimants of talc instead of being taken in the hands of the receiver. Other talc suppliers have also been forced to file for bankruptcy as a result of lawsuits.
May 4 2023, Update U.S. Court of Bankruptcy Michael Kaplan has directed Johnson & Johnson to restart settlement discussions with lawyers who rebuffed the company’s $8.9 billion agreement. The court in Trenton, New Jersey yesterday the parties gathered in court to discuss next steps to take in another bankruptcy proceeding and Judge Kaplan encouraged further settlement talks.
This is the answer to settle these claims with J&J. A baby powder settlement could be made. New jersey mesothelioma lawsuits. However, it will require more money, more billions of dollars – from Johnson & Johnson.
Lawyers are divided over whether or not to accept the plan and not every client views the issue in the same manner their attorney does. This second case of bankruptcy is destined to be a failure and Judge Kaplan has set a date for a hearing in June to determine whether to close the case for the third time.
May 3 2023 Update: A group representing cancer victims suing Johnson & Johnson (J&J) requested that the Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it is an attempt to halt the litigation surrounding talc-based products. The group of talc claimants filed a motion on Tuesday, asking the Third Circuit to consider their case and then send it back the lower court, with instructions to discharge the bankruptcy. New jersey mesothelioma lawsuits. They also requested that the stopped tort litigation against J&J allow the litigation to proceed.
LTL filed for Chapter 11 protection once again after its bankruptcy filing was rejected in the Third Circuit earlier this year with an $8.9 billion agreement. The committee believes that the recent ruling, which allows LTL’s third Chapter 11 to continue, and also stopping trials against J&J is a reason for immediate Third Circuit review. The US Trustee requested the New Jersey bankruptcy court dismiss the LTL bankruptcy case. J&J’s worldwide vice president of litigation, Erik Haas, was quoted by Bloomberg saying that J&J intends to file a statement in the appeals court, calling the request an “desperate and legally flawed plan” by a small number of law firms with conflicting financial interests.
May 1st, 2023 Update: One question people keep asking is how plaintiffs and their lawyers be able to turn down $8.9 billion. Of course, that’s an immense amount of money. But there are plenty of victims. New jersey mesothelioma lawsuits. And these are really good case for plaintiffs. We were reminded recently with two talc trials have resulted in huge verdicts for the plaintiffs. In February the mesothelioma case involving talcum powder trial in Oregon was settled with the verdict in the amount of $18.1 million. The following month, a second mesothelioma talc case was brought to trial on the other side of South Carolina and resulted in a verdict of $29million to the plaintiff. Both cases were defended by Whittaker, Clark & Daniels Inc. which is one of the most prominent suppliers of talc in the U.S.
April 30, 2023 Update: When J&J initially attempted to pull the litigation over talcum powder into bankruptcy, it was met with an offer to set aside $2 billion for settlements. The amount was absurdly low. None of the talc plaintiffs supported it. This time, however, J&J has increased the offer to $8.9 in the event that the talc victims accept a bankruptcy settlement and also has the support of a substantial part of the talc-related plaintiffs as well as their lawyers. New jersey mesothelioma lawsuits. However, 75% of plaintiffs of talc are necessary for bankruptcy plan approval is not an easy task because of the number of lawyers who have huge stocks of baby powder-related lawsuits, opposed in favor of the deal.
What could solve the impasse? More billions.
April 25 2023, Update Talc cancer claimants have asked a judge to dismiss their Chapter 11 case filed by LTL Management LLC, a absurdly-made-up Johnson & Johnson subsidiary, saying the company is not financially troubled. LTL has filed for Chapter 11 to settle tens of thousands of claims that J&J’s baby-powders caused cancer. New jersey mesothelioma lawsuits. In the end, however, the 3rd Circuit dismissed its first Chapter 11 case in January The court ruled that LTL was not eligible for bankruptcy relief as it had not demonstrated financial difficulties.
The claimants argue that the 2nd Chapter 11 case is an overreach of the bankruptcy system, and that the case is being handled in bad good faith. J&J says the bankruptcy settlement is backed by “significant backing” from companies representing around 60,000 claimants. It’s fair to say that lawyers representing plaintiffs and victims ‘ lawyers are divided on their disagreement over the $8.9 billion deal.
April 21, 2023 Update: A bankruptcy judge ruled the company Johnson & Johnson must face new lawsuits alleging that it sold a baby powder that contained a chemical that causes cancer. Although trials for Talc lawsuits are suspended for at least 60 calendar days and new lawsuits are able to be filed and lawyers can begin preparing their cases. New jersey mesothelioma lawsuits. Judges expressed doubt about J&J’s ridiculous effort to relaunch its strategy in a second bankruptcy trial.
April 13th, 2023 Update: big news is the $8.9 billion over the next 25 years offer for settlement. Lawyers representing cancer patients who are part of MDL class action MDL collective action vowed to fight the settlement with those who claim talc. Why? They feel it’s not enough for 70,000 victims who have cancer. New jersey mesothelioma lawsuits. They argue that J&J should negotiate a larger settlement or even litigate individual claims in the event that the latest bankruptcy is dismissed.
There is a different group of lawyers outside of the leadership group in group action. They have amassed the equivalent of tens of thousands of lawsuits. This group wants to settle the case now for what many argue is far less than what these victims deserve. Their argument appears to be twofold. First, they argue that the settlement, which is about an average of $100,000 per plaintiff – is fair.
This argument isn’t easy to argue. The second argument is more substance: the victims will now not wait and they want the money immediately.
April 12 2023 Update: People are wondering if J&J could file for bankruptcy once more. The answer is complex and confusing. Let’s try to clarify it in simple terms.
Johnson & Johnson asserts that bankruptcy is the only way to settle both present and future talc-related lawsuits definitively. That is, it believes that it will be less expensive when there is a bankruptcy component that applies pressure to negotiate a settlement. New jersey mesothelioma lawsuits. Driving past 400 years of American past, the company argues that bankruptcy benefits all parties as it distributes settlements more fairly and effectively than trial courts in which some litigants receive substantial settlements while others get nothing.
The gist in this 3rd Circuit decision was this isn’t a case that involves one that makes a profit, but an affiliate to accept the legal responsibility and declare bankruptcy Congress thought of when drafting its Bankruptcy Code. However, it also stated the company was financially distress because J&J promises unlimited funding.
Thus, J&J took advantage of the funding unlimited part of the deal and didn’t make any promises that it would provide unlimited funds for lawsuits. The company claims that its modified 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 victims who do not agree with the agreement counter this argument by saying that it is countering legal nonsense with legal nonsense: J&J fraudulently transferred $50 billion of assets away from LTL Management to circumvent the appeals court’s earlier ruling. The hyperbole wasn’t spared attorneys representing the victims claim it the most significant “fraudulent move ever in United States history.”
Notwithstanding the legal mumbo jumbo, J&J does not really believe that this bankruptcy will last. But it is a way of pushing this $8.9 billion settlement and keep pressure on plaintiffs.
April 10 2023 Update: Bloomberg is running an intriguing report on a brand new law in New Jersey that is shedding new light on litigation funding in the baby powder suit for class actions. Funders of 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 portion of any wins. J&J is now willing to pay $8.9 billion to settle all lawsuits.
The involvement of funders is public knowledge because of the New Jersey court rule requiring the release of certain details regarding outside funding backers. This rule is intended to address the growing calls for the regulation of litigation funders. J&J has to deal with more than 60,000 lawsuits when you add up state and federal baby powder lawsuits. Third-party funding for mass tort lawsuits has both pros and pros and. There is no doubt that we are witnessing how third-party financing can help level the playing field between individual and big companies in court.
April 4 2023 Update: It’s fun to watch the worm turning in this case. J&J was hit again this week when the Third Circuit denied J&J’s request to keep the automatic stay in place during the time that J&J appeals a bankruptcy decision at the U.S. Supreme Court. It has stopped hundreds of cases involving talcum powder and stopped new lawsuits from arising ever since J&J began the controversial plan to spin the talc liability into a bankrupt company over a year ago. New jersey mesothelioma lawsuits. After it was decided that the 3rd Circuit ruled that this bankruptcy was not legal some months ago, the stay was revoked. J&J wanted to see it continue in the meantime of the SCOTUS appeal. 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 of the Supreme Court is willing even to consider the appeal? Low.
March 16th 2023 Update: with the bankruptcy stay now officially lifted, the very first new cases have been filed and transferred into the Talcum Powder class action MDL in the space of a year. Seven new talc lawsuits were joined to the MDL over the last month which brings the total number of cases that are pending to 37,522.
February 25 2023 Update: A Congressmen from Tennessee is now requesting that be the U.S. Government Accountability Office (GAO) launch an investigation into the cost J&J product containing talc has cost the government over the decades.
In a recent letter to the GAO, Rep. Steven Cohen (D-Ten.) has accused J&J of ignoring the risks of its talc products for decades while tax dollars were spent treating those injured by exposure to the products. The lawsuit comes just a few weeks after J&J’s loss to the 3rd Circuit Court of Appeals.
New jersey mesothelioma lawsuits. J&J must begin making reasonable settlements to victims to begin getting this behind. This is a disgrace to one of the most prestigious firms.
February 14 2023 Update: In a hearing today in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention following his 3rd U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.
You May be Entitled to Significant Compensation New jersey mesothelioma lawsuits. 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!