You May be Entitled to Significant Compensation Old spice 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 pay $440 million US state AGs. Old Spice Talc Asbestos .
Johnson & Johnson (JNJ.N) has put aside $400 million to address U.S. state consumer protection actions as part of a broader $8.9 billion deal to settle claims that its Baby Powder and other talc items cause cancer. Old spice talc asbestos.
J&J subsidiary LTL Management filed a bankruptcy plan in New Jersey late on Monday that describes how the company intends to pay for different types of cancer victims as part of a bankruptcy settlement. Old spice talc asbestos. J&J has stated that its Talc products are safe, and won’t cause cancer. It’s trying for a second time to resolve more than 38,000 cases in bankruptcy and prevent new cases from coming forward in the future.
LTL’s bankruptcy plan will pay $400 million to 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 quality of its talc products.
Several states had begun consumer protection cases against J&J prior to the time that LTL’s bankruptcy filing stopped these investigations from proceeding in 2021. Old spice talc asbestos. New Mexico and Mississippi had already initiated actions in the past against 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 papers.
New Mexico and Mississippi have filed a petition to end LTL’s bankruptcy along with cancer sufferers and their counterparts from the U.S. Justice Department’s bankruptcy watchdog, who have claimed that a lucrative business like J&J is not eligible for bankruptcy protections intended for struggling debtors.
The first time LTL attempted to settle the bankruptcy lawsuits was thrown out after similar arguments. The U.S. appeals court determined the LTL was not in “financial financial distress” and was not eligible of bankruptcy protection. Old spice talc asbestos. LTL made a new bankruptcy application in just two hours following the dismissal, saying that the second bankruptcy was different as it had less money available and more backing for a settlement.
New Mexico and Mississippi said in their motion to dismiss LTL’s latest bankruptcy violation of state law enforcement powers in attempting to unilaterally limit LTL’s liability to state consumer protection measures.
Old Spice Talc Asbestos
LTL’s filings for the new year also contained more information on how the company would evaluate and pay claims for cancer in the event that the bankruptcy plan is approved.
The highest payments under the settlement will be $500,000 to those diagnosed with mesothelioma that is terminal before age 45. Old spice talc asbestos. The second payment would be $260,000 for patients diagnosed with advanced ovarian cancer before age 45.
From there, the proposed settlement provides discounts based on the type and severity of cancer, the individual’s age, history of usage of talc and other variables. Old spice talc asbestos. For instance the case of a woman who used daily talc products, had an ancestral history of ovarian cancer and was diagnosed with Stage II cancer of the ovary at age 55 may qualify to receive a payout of $21,125 under the settlement plan.
Judge orders J&J, talc opponents to discuss settlement negotiations.
After 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 company and those opposing the strategy to engage in talks to reach a settlement, Bloomberg reports.
With its second bankruptcy attempt for LTL Management–a subsidiary established by J&J to handle the claims company offered a settlement of $8.9 billion. Old spice talc asbestos. While one firm representing plaintiffs agree with the deal, another group is opposed to the offer.
The previous week, the opposition group, known as”the Official Committee of Talc Claimants requested the bankruptcy court to dismiss this case asserting that LTL cannot be regarded as to be in financial trouble.
“The filing is a desperate and legally deficient attempt by a few of law firms to stop claimants from deciding on the resolution plan, a plan that the vast majority of claimants approve of,” J&J’s litigation chief Erik Haas, said in a statement. Old spice talc asbestos. “The law firms who filed the filing are pursuing financial interests which clash with, diverge from and are in opposition to the interests which their clientele. We’ll submit an answer before the court of appeals.”
Old spice talc asbestos. Clay Thompson, a lawyer for MRHFM, which boasts more than mesothelioma patients who have sued J&J and J&J, has said that J&J’s second bankruptcy attempt will fail.
“J&J issue press releases that boast about how amazing the plan is but simultaneously demanding that plan details–including what each sick person will receive–be kept secret,” Thompson said in an announcement. “What do J&J have to hide?”
Kaplan has instructed both sides to devise a second restructuring plan, with the oversight by two mediators.
The court in February of 2022 Kaplan stated that J&J’s recourse to Chapter 11 to hasten a settlement that would release the company from the thousands of lawsuits over its talcum products.
However, in the month of January, an appeals court of the federal government overturned the decision, deciding that the business could not be considered to be in “financial trouble.”
When J&J’s attempt to appeal to the U.S. Supreme Court was dismissed on April 1, J&J was granted a second petition for bankruptcy two hours after. In response to that move, Kaplan froze the lawsuits for 60 calendar days to decide whether to allow an additional bankruptcy.
J&J’s unstoppable profit engine sputters after $6.9B talc litigation charge.
Through two Chapter 11 attempts, J&J has bought 19 months during which cases were put held. Old spice talc asbestos. The company wants claimants to decide whether they want to accept the settlement. J&J will require 75% of the vote in order for the agreement to be accepted.
In addition to the gang of talc lawyers that criticized the company’s bankruptcy, the U.S. Trustee is an arm of the U.S. Department of Justice was also the one to file a motion to dismiss LTL’s second bankruptcy case.
In a statement this week, U.S. trustee Andrew R. Vara wrote that the the bankruptcy court remain “open to honest, but naive debtors.” Those doors “are not open to any parties that lack a legitimate bankruptcy goal or who seek to use the bankruptcy process to delay or hinder their creditors,” Vara continued.
In its own words, J&J maintains there is no proof conclusive that their talc products, including its famous baby powder, cause cancer. J&J has adopted the products from the market and will first launch them for North America in 2020–and the remainder of the globe later this year.
J&J intends to steer clear of the expense of going to court. It has prevailed in most of the cases that have been decided in court, however certain losses have been punishing.
A well-known 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 ended with the favor of J&J or a mistrial, or plaintiff verdict that was reversed after appeal. Old spice talc asbestos. Separately, the company in 2020 negotiated to settle more than 1,000 cases for $110 million. Bloomberg announced at that time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Old Spice Talc Asbestos
Our lawyers handle baby powder lawsuits in every state. The talcum powder lawsuits for Johnson & Johnson have been ongoing for many years. Old spice talc asbestos. The lawsuits assert that long-term use of talcum powder (or “talc”), the active ingredient found in products such as the Baby Powder as well as Shower to Shower, can cause ovarian cancer among some women.
This page gives the J&J talc power litigation update and examines how the coming bankruptcy ruling will affect the final settlement amount of the Ovarian Cancer lawsuits.
Has the deadline passed for you to make a claim for talcum powder? Many people who think the statute of limitations has passed to file a lawsuit against 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 – Old Spice Talc Asbestos
June 2 2023 Update: During an asbestos talc court trial held at the trial in California yesterday, a couple of technical issues halted the opening statements of the defense attorneys. Old spice talc asbestos. The jurors, attending from home on Zoom but did not hear Johnson & Johnson’s lawyer voice his doubt about the science of the 70s affirming the presence of asbestos in their product before the session abruptly ended.
Meanwhile, the plaintiff had the opportunity to introduce the first of their witnesses, Arthur Langer. Langer explained that the occurrence of other minerals in the talc’s mineral content is inevitable. He said that his team had notified J&J in 1971 about the presence of chrysotile asbestos within the talc manufactured by the company, though at lesser than 0.1 percent. He also discovered more asbestos in 1976.
June 1, 2023 Update: Old spice talc asbestos. First trial after J&J has decided to separate its talc section and declaring bankruptcy marks a pivotal moment for the ongoing lawsuit story. The trial started yesterday in the tragic trial of a young plaintiff, diagnosed with a rare and aggressive form of mesothelioma last year, an illness that lawyers on both sides acknowledge is a grave tragedy.
Opening statements revealed the huge differences between the sides’ story. The attorney for the plaintiff took aim towards Johnson & Johnson, alleging the use of deceitful techniques in its 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 found in tissues of the plaintiff are part of.
Johnson &J’s highly uncertain $8.9 billion settlement is hanging in the balance as we progression of this trial. Despite the unique nature of this mesothelioma-related case and its distinctive issues in comparison to other talcum powder lawsuits ruling in favor of the plaintiff could inflict an unintended setback to Johnson & J’s hopes for broad acceptance of their proposed settlement with plaintiffs.
May 31st, 2023 Update: Johnson & Johnson’s bankrupt talc division was able to defend it’s second Chapter 11 filing in the facing challenges from victims of talc injuries. In an objection submitted to the New Jersey bankruptcy court, the subsidiary argued that the case was distinct from the previous filing. It emphasized the unprecedented commitment to $8.9 billion to J&J as the largest settlement ever in any bankruptcy case that involves mass tort. Old spice talc asbestos. The issue is not discussed: whether the size of the settlement indicates that it is an equitable settlement. J&J also claimed that it received support from numerous plaintiffs’ law firms that represent over sixty thousand claimants. It is difficult to confirm however it is likely to be incorrect.
May 24 2023 Update: As of Johnson & Johnson’s bankruptcy in 2021 filing, the first trial involving the cosmetic talc products it claims to with asbestos content is scheduled to start jury selection on Monday, May 24, California at Alameda County Superior Court, which is a well-known court for plaintiffs. The plaintiff claims that his mesothelioma is the result of asbestos exposure resulting from J&J’s products, an allegation J&J does not deny. 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 future claims representative. This is the role is crucially essential to the resolution of the claims involving talc. Old spice talc asbestos. Randi Ellis, a lawyer who is frequently involved in MDLs throughout the country was appointed the claims representative in the first bankruptcy. J&J’s defense team would like Ellis to be named to the position and again, but attorneys for the plaintiffs in talc are arguing because Ellis has an interest conflict that would prevent her from holding that position again. This conflict is rooted in the fact that Ellis was involved in drafting the hotly contested second bankruptcy, which raises concerns about her ability to be neutral. It’s true that this bankruptcy is likely to get dismissed anyway.
May 17th, 2023 Update: The pretend company that J&J put together for the talc bankruptcy disclosed to an New Jersey bankruptcy court that they have set aside $400 million as a settlement for allegations made by states who accuse the company of deceptive advertising for its talc-based products. Old spice talc asbestos. So that makes it an $8.5 billion settlement for cancer sufferers. It’s difficult to envision a scenario where J&J can get the settlements of baby powder through with these numbers. Although J&J’s $8.5 billion offer sounds like a huge sum initially, it may not look very appealing when you look at the numbers. The settlement plan based on our rough calculations, would not be able to pay victims more than a median settlement of $100,000 per instance. It’s not enough.
May 15th, 2023, Update J&J may be in the middle of a suit from an advocacy group that represents cancer victims. Old spice talc asbestos. The group argues that J&J deliberately retracted a $61.5 billion funding agreement with its subsidiary, LTL Management LLC, to simulate financial stress and validate the unit’s Chapter 11 bankruptcy filing. The group asserts this action is a fraud transfer of the rights of victims’ compensation. They plan to explore J&J’s actions as a result of the decision to dismiss LTL’s first bankruptcy case.
May 10 2023 Update: The following week this week, the U.S. Bankruptcy Court in New Jersey will hear oral arguments in a motion dismiss the second bankruptcy filing of J&J subsidiaries LTL Management. In the meantime, this bankruptcy court has issued an Order that requires both parties to take part in a new settlement negotiation to see if a global settlement deal can come to fruition.
May 5, 2023 Update: Talc provider Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to many lawsuits claiming that its talc products caused cancer through asbestos exposure. Old spice talc asbestos. Over 2,700 individuals have sued the firm and it is paying $1 million per month to defend itself. The company’s recent $29million verdict that was handed down in South Carolina forced it to pursue bankruptcy protection, and arguing for a fair distribution of assets between the claimants of talc instead of being confiscated by the receiver. Other talc suppliers have also filed for bankruptcy due to litigation.
May 4 2023 Update U.S. The bankruptcy Judge Michael Kaplan has directed Johnson & Johnson to relaunch talks on settlement with lawyers who rebuffed the company’s $8.9 billion deal. At Trenton, New Jersey yesterday, the parties appeared in court to discuss next steps to take in this second case of bankruptcy and Judge Kaplan has pushed for further settlement talks.
This is the best way to settle these claims with J&J. A settlement for baby powder can get done. Old spice talc asbestos. However, it will require additional money – perhaps billions of dollars of Johnson & Johnson.
Lawyers have a split opinion on whether or not to accept the plan and not all clients see the issue in the same manner their lawyer does. Second bankruptcy cases are bound to go nowhere with Judge Kaplan has scheduled a hearing for June to determine whether to close the case for the third time.
May 3 2023 Update: A group of cancer patients who have sued Johnson & Johnson (J&J) asked to have they request that the Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it attempts to block litigation over talc products. The group representing the claimants filed a motion on Tuesday asking to the Third Circuit to consider their case and then send it back to a lower court with instructions for dismissing the bankruptcy. Old spice talc asbestos. They also asked that the stoppage of tort litigation against J&J be allowed to proceed.
LTL filed for Chapter 11 protection once again following its bankruptcy filing that was rejected in the Third Circuit earlier this year with an $8.9 billion settlement. The committee argues that the recent ruling which allowed LTL’s 2nd Chapter 11 to continue, while also halting trials against J&J and J&J, requires immediate Third Circuit review. The US Trustee requested the 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 formal response in the appeals court characterizing the filing as a “desperate and legally flawed effort” by a select group of law firms that have conflicts of financial interests.
May 1 2023 Update: One question people keep asking is how could plaintiffs and their attorneys turn off $8.9 billion. Of course, it’s an enormous amount of money. But there are a lot of victims. Old spice talc asbestos. And these are really good arguments for plaintiffs. We have been reminded of this recently when two talc cases resulted in big verdicts for plaintiffs. In February mesothelioma, a talcum-based powder trial in Oregon ended in an award worth $18.1 million. A month later, another mesothelioma talc case was brought to trials at South Carolina and resulted in a verdict of $29million in favor of plaintiff. The defendant in both cases was Whittaker, Clark & Daniels Inc., one of the largest suppliers of talc in the U.S.
April 30 2023 Update: J&J initially attempted to pull the litigation over talcum powder into bankruptcy, it did so with an offer to set aside $2 billion to settle the case. The amount was absurdly low. There was no one among the talc victims who supported the proposal. 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 portion of the talc plaintiffs as well as their lawyers. Old spice talc asbestos. 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 vast stocks of baby powder-related lawsuits, opposed in favor of the deal.
What is the solution to this impasse? More billions.
April 25, 2023, Update Talc patients have asked a judge to disqualify their Chapter 11 case filed by LTL Management LLC, a ridiculously made-up Johnson & Johnson subsidiary, insisting that the company is not financially troubled. LTL requested Chapter 11 to settle tens of thousands of claims that J&J’s baby powders caused cancer. Old spice talc asbestos. LTL was denied Chapter 11 in January. 3rd Circuit dismissed its first Chapter 11 case in January, saying LTL was not a candidate to receive bankruptcy relief because it failed to show financial difficulties.
The plaintiffs argue that LTL’s 2nd Chapter 11 case is an misuse of the bankruptcy system and that it is being pursued in bad good faith. J&J asserts that the bankruptcy settlement receives “significant backing” from the firms that represent about 60,000 potential plaintiffs. It’s fair to say that lawyers representing plaintiffs and victims ‘ lawyers are not united over their disagreement over the $8.9 billion settlement offer.
April 21st, 2023 Update A bankruptcy judge ruled the company Johnson & Johnson must face new lawsuits alleging that it sold tainted baby powder causing cancer. Even though trials for Talc lawsuits are suspended for a minimum period of 60 days, new lawsuits can be filed, and lawyers can begin preparing their cases. Old spice talc asbestos. The judge expressed his doubts about J&J’s ridiculous effort to revive its plan with a second bankruptcy case.
April 13, 2023 Update: big announcement is an $8.9 billion over 25 years offer for settlement. Lawyers representing cancer victims in the MDL collective action pledged to challenge the settlement those who claim talc. Why? They think it is not enough for more than 70,000 cancer victims. Old spice talc asbestos. The lawyers say that J&J should negotiate a larger settlement or settle individual claims if the latest bankruptcy is dismissed.
But there is another group of lawyers that is not part of the leadership of this class action. These lawyers have collectively amassed tens of thousands of cases. The group is seeking to settle for what is believed to be far less than what these victims deserve. Their argument is twofold. First, they argue the settlement – which amounts to an average of $100,000 per plaintiff is fair.
This argument isn’t easy to prove. The second argument is more force: the victims can now not wait and they want to get their money right now.
April 12 2023 Update: Many are wondering if J&J can file for bankruptcy once more. The answer is complex and complicated. Let’s try to clarify it simply.
Johnson & Johnson asserts that bankruptcy is the only way to deal with both present and future talc lawsuits conclusively. In other words, it thinks it will pay less if there is a bankruptcy component that applies pressure to negotiate a settlement. Old spice talc asbestos. Driving past 400 years of American time, the business claims that bankruptcy benefits all parties by distributing settlements more fairly and efficiently than trial courts, in which some litigants receive substantial awards while others receive nothing.
The essence of the 3rd Circuit decision was this isn’t a case that involves a profitable company making an affiliate to accept the legal responsibility and declare bankruptcy – something Congress considered when it was drafting the Bankruptcy Code. But it also said the company was in financial difficulty because J&J promises unlimited funding.
This is why J&J decided to go with the unlimited funding portion of the contract and did not promise to fund unlimited cases. The company claims that its revised financing arrangements with its subsidiary will address appeals court’s concerns while still offering claim payment funds. It’s as if giving victims lesser money could solve the overarching problem.
Lawyers representing cancer victims who do not agree with the agreement counter the agreement with what is the legal argument. Old spice talc asbestos. They counter with legal absurdity: J&J fraudulently transferred $50 billion of assets from LTL Management to circumvent the appeals court’s previous ruling. Hyperbole was not spared: victims’ lawyers call it the largest “fraudulent move that has occurred in United States history.”
In spite of the legal jargon, J&J does not really believe that this bankruptcy will last. However, it’s a means of trying to push this $8.9 billion settlement, and to keep pressure on plaintiffs.
April 10 2023 update: Bloomberg offers an informative article on a new law of New Jersey that is shedding new light on the funding of litigation in the baby powder plaintiffs in the class action. Funders of litigation Virage Capital Management and TRGP Capital invested in hundreds of lawsuits from Johnson & Johnson (J&J) on behalf of talc products. They exchanged for a share of any wins. J&J has now offered to pay $8.9 billion to settle any lawsuits.
The funders’ involvement is public information because of the New Jersey court rule requiring the release of certain details about funders outside the state. The law is designed to respond to the increasing calls for the regulation of lawsuit funders. J&J faces over 60,000 claims when you include state and federal child powder-related lawsuits. Third-party financing in mass tort cases is not without its pros and pros and. However, there is no doubt that we are witnessing how third-party financing can help level the playing field between people and big corporations in court.
April 4, 2023 Update: It is fun to watch the worm turn in this case. J&J took another hit this week when it was found that the Third Circuit denied J&J’s request to keep the automatic stay in place while J&J appeals a bankruptcy ruling at the U.S. Supreme Court. This automatic stay halted the cases of talcum powder in a number of years and stopped new lawsuits from getting filed ever since J&J began the controversial plan to spin the talc liability off into a bankrupt subsidiary over a year earlier. Old spice talc asbestos. After it was decided that the 3rd Circuit ruled that this bankruptcy was not legal just a few months ago the stay was removed. J&J had hoped to have 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 of the Supreme Court is willing even to consider the appeal? Low.
March 16th 2023 Update: With the bankruptcy stay in effect, the first new cases were filed and incorporated into the Talcum Powder class action MDL within a year. Seven new talc-related lawsuits were added to the MDL during the month of March, bringing the total number of pending cases up to 37,522.
February 25, 2023 Update 2023 Update: A Congressmen from Tennessee is now calling for authorities from the U.S. Government Accountability Office (GAO) start an investigation to determine how much J&J products containing talc have cost the government over the many years.
A recent email addressed to the GAO, Rep. Steven Cohen (D-Ten.) claimed that J&J of ignoring the dangers of its talc-based products for long while tax dollars used to treat those who were injured through exposure to the products. This lawsuit comes a few weeks after J&J’s loss to the 3rd Circuit Court of Appeals.
Old spice talc asbestos. J&J must begin making reasonable settlements for victims in order getting this behind. This is a disgrace to one of the greatest companies.
February 14 , 2023 Update: At a hearing 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 Old spice 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!