You May be Entitled to Significant Compensation Rio tinto talc lawsuit. 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 provide $440 million US state AGs. Rio Tinto Talc Lawsuit .
Johnson & Johnson (JNJ.N) has set aside $400 million to settle U.S. state consumer protection actions as part of its wider $8.9 billion settlement of claims that its Baby Powder as well as other talc ingredients cause cancer. Rio tinto talc lawsuit.
J&J company 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. Rio tinto talc lawsuit. J&J has said that its products containing talc are safe and do not cause cancer. The company is trying for a second time to resolve more than 38,000 cases in bankruptcy and prevent new cases from arising in the near future.
LTL’s bankruptcy plan will pay $400 million to an additional trust to settle claims filed from state attorney generals alleging that J&J violated state unfair business practices as well as consumer protection laws through misleading consumers about the dangers of its talc products.
Many states had initiated consumer protection measures against J&J before LTL’s first bankruptcy filing stopped those investigations from proceeding in 2021. Rio tinto talc lawsuit. New Mexico and Mississippi had already launched actions against Johnson & Johnson before then, and the states of Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative requests or subpoenas in LTL’s court papers.
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 argued that a profitable business like J&J can’t benefit from bankruptcy protections designed for the struggling debtors.
The company’s initial attempt to resolve the bankruptcy-related lawsuits was dismissed following similar arguments. The U.S. appellate court decided the LTL was not in “financial trouble” and thus not eligible for bankruptcy protection. Rio tinto talc lawsuit. LTL declared bankruptcy a second time just over two hours after the decision to dismiss, arguing that its second attempt was different due to the fact that it had less money and had more support for the possibility of settling.
New Mexico and Mississippi said in their motion to dismiss LTL’s latest bankruptcy violation of the state’s law enforcement authority in attempting to unilaterally limit the liability of the company in state consumer protection actions.
Rio Tinto Talc Lawsuit
LTL’s new filings also included additional details about how the company would assess and pay claims for cancer in the event that the bankruptcy plan is approved.
The most significant payments under the settlement will be $500,000 to those diagnosed with cancer of the mesothelioma ovary before age 45, and $260,000 for patients diagnosed with ovarian cancer that is terminal prior to age 45.
From there, the proposed settlement provides discounts based on the kind and severity of cancer, the patient’s age, history of talc use and other factors. Rio tinto talc lawsuit. For example someone who regularly used talc products weekly, had a family history of ovarian cancer and was diagnosed with an ovarian cancer stage II at the age of 55 could be in line to receive a payout of $21,125 according to the plan.
Judge decides J&J, talc opponents to participate in settlement talks.
Following another round of hearings in Johnson & Johnson’s effort to use a Texas Two-Step bankruptcy strategy for talc litigation and federal bankruptcy judge Michael Kaplan has ordered the company as well as those who oppose the strategy to engage in talks to reach a settlement, Bloomberg reports.
The second time it attempted to file for bankruptcy for LTL Management–a subsidiary established by J&J to handle the claims company proposed a settlement of $8.9 billion. Rio tinto talc lawsuit. While a firm representing plaintiffs agree with the deal, another group opposes the move.
Earlier this week, the opposition group, which is known as”The Official Committee of Talc Claimants, urged the bankruptcy court to dismiss the case by asserting that LTL is not a factor in financial distress.
“The filing is an incredibly legal and ineffective attempt by a few of law firms to try to stop claimants from voting on the resolution plan – a plan that the vast majority of claimants favor,” J&J’s litigation chief Erik Haas, said in an announcement. Rio tinto talc lawsuit. “The law firms that are behind the filing are pursuing financial interests which clash with, diverge from and contravene those they represent. We’ll be submitting an answer to the appellate court.”
Rio tinto talc lawsuit. Clay Thompson, a lawyer for MRHFM that has more than 80 mesothelioma patients who have sued J&J for bankruptcy, told J&J’s second bankruptcy attempt will fail.
“J&J issues press releases describing how fantastic its plan is while simultaneously insisting that the plan’s details, including what the individual sick individuals would be treated to,” Thompson said in an email. “What do they have to cover up?”
Kaplan has directed the parties to devise a second strategy for reorganization, under the oversight and supervision of mediators.
On February 20, 2022 Kaplan acknowledged J&J’s use of Chapter 11 to hasten a settlement that would release J&J from the hundreds of thousands of claims over its talcum products.
In January of this year, an appeals court in the United States overturned the decision, ruling that the firm could not be considered to be in “financial distress.”
In the event that J&J’s request to challenge the U.S. Supreme Court was turned down on April 1, J&J declared bankruptcy two hours later. In response, Kaplan froze the lawsuits for 60 days in order to determine whether to grant the second bankruptcy.
J&J’s unstoppable profit engine goes out of control after $6.9B the talc litigation cost.
With 2 Chapter 11 attempts, J&J has gotten 19 months of which cases have been in limbo. Rio tinto talc lawsuit. The company would like claimants to take a vote to accept their settlement. J&J requires 75% approval in order for the agreement to be accepted.
In addition to the team of talc lawyers that criticized LTL’s bankruptcy plan in the U.S. Trustee, the U.S. Trustee which is a division of the U.S. Department of Justice has also filed motions to dismiss LTL’s bankruptcy second case.
In a recent filing, U.S. Trustee Andrew R. Vara wrote that the doors of the bankruptcy court remain “open to honest, but naive debtors.” These doors “are not open to parties who do not have a legitimate bankruptcy purpose or that seek to use the bankruptcy process to hinder or delay their creditors,” Vara continued.
For its part, J&J maintains there is no conclusive evidence that its Talc products, which includes its iconic baby powder, cause cancer. J&J has taken its products off from the market and will first launch them on North America in 2020–and the rest of the world next year.
J&J intends to steer clear of the cost of going to trial. J&J has won the majority of the cases that have been resolved in court, however some losses have been very punitive.
A highly-publicized trial in Missouri resulted in a $4.7 billion judgment against the drug manufacturer but was later reduced to $2.1 billion after appeals.
Johnson & Johnson faces high-stakes hearing over ‘Texas Two Step’ talc strategy: report
Overall, J&J has lost nine trial involving talc that are in appeal or settled. Of the 41 trials, 32 ended with a win by J&J as well as mistrials or plaintiff verdict that was annulled in appeal. Rio tinto talc lawsuit. Separately, the company in 2020 negotiated to settle around 1000 cases at a cost of the sum of $100 million. Bloomberg reported at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Rio Tinto Talc Lawsuit
Our lawyers handle baby powder cases in all 50 states. The talcum powder lawsuits against Johnson & Johnson have been in the process for several years. Rio tinto talc lawsuit. The lawsuits assert that long-term use of the powder (or “talc”), the active ingredient in products such as Baby Powder and Shower to Shower and Shower to Shower, could cause cancer of the ovary in certain women.
This page gives a J&J talc power litigation update and discusses how the upcoming bankruptcy ruling impacts the ultimate settlement amounts in the cases of ovarian cancer.
Has the deadline passed for you to make a claim for talcum powder? Many who assume the statute of limitations has run out to sue Johnson & Johnson are wrong. Call us today at 800-553-8082 or get a free and quick review of your case online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Rio Tinto Talc Lawsuit
June 2, 2023 Update: During the trial for asbestos-containing talc in California yesterday, a few technical glitches interrupted the opening statements of the defense lawyers. Rio tinto talc lawsuit. Jurors from their homes via Zoom and hearing the Johnson &Johnson’s lawyer express doubts about the 70s research asserting the presence of asbestos in their product before the opening was abruptly ended.
The plaintiff had the opportunity to introduce an initial witness Arthur Langer. Langer said that the presence of additional minerals along with the talc mineral is a given. He also testified that his team was notified by J&J in 1971 about the presence of chrysotile asbestos in the company’s talc, albeit at lower than 0.1 percent. He also uncovered more asbestos in 1976.
June 1, 2023 Update: Rio tinto talc lawsuit. This is the first court trial that has taken place since J&J decided to spin off its talc division, and then declare bankrupt marks an important turning point for the ongoing litigation drama. Trial began yesterday in the heartbreaking trial of a young plaintiff who was diagnosed with an aggressive and rare form of mesothelioma last year, an illness that lawyers on both sides of the argument agree is a tragic loss.
Opening statements revealed the stark differences in each side’s story. The attorney representing the plaintiff aimed his ire against Johnson & Johnson, alleging the use of deceptive techniques in its research practices and throughout the litigation process. According to the attorney the company tried to manipulate the definition of asbestos, despite internal documents from between 1978 and 1994 that showed asbestos fibers that were found in the tissue of the plaintiffs are included.
Johnson & Johnson’s uncertain $8.9 billion settlement deal hangs in the balance as we course of this trial. Despite the unique nature of the mesothelioma trial and its distinctive issues in comparison to the majority of talcum powder lawsuits, a verdict favoring the plaintiff could be an unintended setback to Johnson & J’s hope of gaining broad acceptance for their proposed settlement with plaintiffs.
May 31st 2023: Update from Johnson & Johnson’s bankrupt talc division is defending it’s two-time Chapter 11 filing in the opposition of injured talc claimants. In an opposition filed with the New Jersey bankruptcy court, the subsidiary argued that the situation was fundamentally different from the earlier filing. It also emphasized the unprecedented commitment of $8.9 billion from J&J as the largest settlement ever in any bankruptcy case that involves mass tort. Rio tinto talc lawsuit. The issue is not discussed: whether the size of the settlement signifies that it’s an equitable settlement. J&J also claimed support from a variety of plaintiffs’ law companies representing over 600,00 claimants. This is hard to verify but is probably incorrect.
May 24 2023 Update: In the wake of Johnson and Johnson’s bankruptcy filing in 2021 filing, the first trial on its cosmetic talc products that are believed to comprised of asbestos is set to begin jury selection on Monday, California at Alameda County Superior Court, a historically good place for plaintiffs. The plaintiff claims his mesothelioma is the result of asbestos exposure resulting from J&J’s products which J&J is denying. The trial also includes six retailers who are accused of selling talc-based products.
May 22, 2023 Update: Lawyers involved in the second J&J talc bankruptcy are disputing who should be chosen to fill the post of the future claims representative, an important role important to resolving the talc claims. Rio tinto talc lawsuit. Randi Ellis, a lawyer who frequently appears in MDLs throughout the country, was appointed as the claims representative in the first bankruptcy. J&J’s defense team wants Ellis to be named to the position yet again, but the lawyers for the plaintiffs in talc are arguing due to the fact that Ellis has an interest conflict that should prevent her from taking on that role once more. This conflict is rooted in the reality that Ellis was involved in the drafting of the highly contesting second bankruptcy, which raises doubts about her ability to be neutral. In reality, this bankruptcy will likely to be tossed out anyway.
May 17th, 2023 Update: The pretend company J&J put together for the talc bankruptcy informed the New Jersey bankruptcy court that they have allocated $400 million as a settlement for claims brought by states accusing the company of deceitful advertising regarding its talc products. Rio tinto talc lawsuit. That’s an $8.5 billion settlement for cancer sufferers. It is hard to imagine an eventuality where J&J can push these baby powder settlements through in these figures. Although J&J’s $8.5 billion offer seems like a lot of money initially, it may not look good after you calculate the figures. This settlement offer based on our rough calculations – would not offer victims anything more than an average settlement $100,000 per case. It’s not enough.
May 15 2023 update: J&J could be facing lawsuit from an advocacy group that represents cancer patients. Rio tinto talc lawsuit. The group claims that J&J intentionally canceled a $61.5 billion contract for funding together with its parent company, LTL Management LLC, to simulate financial stress and confirm the unit’s Chapter 11 bankruptcy filing. The group argues that this act could be interpreted as a fraudulent transfer of rights of victims’ compensation. They are planning to study J&J’s actions following of the dismissal of the LTL’s bankruptcy case in its first instance.
May 10 2023 Update: The following week in it is expected that 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 LTL Management, J&J’s subsidiary. LTL Management. In the meantime the bankruptcy has issued an Order calling for both parties to take part in a settlement mediation in the hope that the global settlement can be been reached.
May 5, 2023 Update: The talc supplier Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to numerous lawsuits alleging its talc products caused cancer from asbestos exposure. Rio tinto talc lawsuit. Over 2700 people have sued the firm, and it was spending $1 million a month to defend itself. The company’s latest $29 million verdict on the state of South Carolina forced it to pursue bankruptcy protection, and arguing that assets should be distributed in an equitable manner to talc claimants, rather than being seized by 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 turned down the company’s proposed $8.9 billion settlement offer. At Trenton, New Jersey yesterday the parties appeared before a judge to discuss next steps in their second bankruptcy matter and Judge Kaplan has pushed for further settlement talks.
This is the solution to settle these claims with J&J. A baby powder settlement could be achieved. Rio tinto talc lawsuit. But it will require more money – billions of dollars – coming from Johnson & Johnson.
Lawyers are divided on whether to take the proposal or not and not every client views the issue the same way their attorney does. The second bankruptcy case is likely to fail, and Judge Kaplan has scheduled a hearing in June to determine if she will discharge the bankruptcy for the 2nd time.
May 3, 2023 Update: A group representing cancer victims suing Johnson & Johnson (J&J) asked to have J&J’s Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it is a bid to stop litigation regarding talc-related products. The group representing claimants for talc submitted a motion on Tuesday asking for the Third Circuit to consider their case and then send it back before a court of lower jurisdiction with instructions to dismiss the bankruptcy. Rio tinto talc lawsuit. They also requested that the halted tort litigation against J&J continue to proceed.
LTL requested Chapter 11 protection once again after its first bankruptcy filing was denied in the Third Circuit earlier this year which offered an $8.9 billion deal. The committee says that the recent decision allowing the second Chapter 11 to continue, in addition to halting trials against J&J, warrants the immediate 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 global vice-president of litigation Erik Haas, was quoted by Bloomberg saying that J&J plans to file a formal response to the appeals court declaring the filing an “desperate and legally inadequate plan” by a select group of law firms with conflicts of financial interests.
May 1, 2023 Update: One common question that people ask is how could plaintiffs and their attorneys turn down $8.9 billion. That’s of course an enormous amount of money. There are a lot of victims. Rio tinto talc lawsuit. 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 plaintiffs. In February, a talcum powder mesothelioma trial in Oregon resulted in an award in the amount of $18.1 million. In the same month, a different talc mesothelioma case went to hearing in South Carolina and resulted in the verdict of $29 million to the plaintiff. In both instances, the defendant was Whittaker, Clark & Daniels Inc. One of the leading manufacturers of talc in U.S.
April 30th 2023 Update: J&J first attempted to drag the litigation over talcum powder into bankruptcy, it came with an offer to put aside $2 billion to settle the case. The amount was absurdly low. None of the talc plaintiffs agreed with the offer. 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 also has the support of a large portion of the talc plaintiffs and their lawyers. Rio tinto talc lawsuit. But 75% of the plaintiffs of talc are required for bankruptcy plan approval is a difficult road due to the sheer number of lawyers with huge collections of baby powder-related lawsuits, opposed to the settlement.
What can be done to end the impasse? More billions.
April 25, 2023 update: Talc Cancer victims have requested a judge to reject their Chapter 11 case filed by LTL Management LLC, a ridiculously made-up Johnson & Johnson subsidiary, saying 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. Rio tinto talc lawsuit. The 3rd Circuit dismissed its first Chapter 11 case in January in a ruling that said LTL was not a candidate for bankruptcy relief because it did not show financial distress.
The claimants contend that the 2nd Chapter 11 case is an fraud on the bankruptcy system and that it’s being pursued in bad good faith. J&J states that the bankruptcy settlement has “significant backing” from companies representing an estimated 60,000 people who are claiming. It’s safe to say that the plaintiffs’ attorneys and the victims are split over this $8.9 billion deal.
April 21st, 2023 Update: A bankruptcy judge ruled the company Johnson & Johnson must face new lawsuits alleging that the company sold tainted baby powder causing cancer. Even though trials for talc lawsuits are paused for at least 60 calendar days and new lawsuits are able to be filed and lawyers are able to begin preparing their cases. Rio tinto talc lawsuit. The judge expressed skepticism over J&J’s attempt to revive its plan with the second bankruptcy case.
April 13 2023 Update: big news is the $8.9 billion over 25 years offer for settlement. Lawyers representing cancer victims who are part of MDL class action MDL class action have vowed to fight the settlement along with the talc claimants. Why? They think it is not enough for 70 000 cancer patients. Rio tinto talc lawsuit. These lawyers argue that J&J should negotiate a bigger settlement or pursue individual claims if the latest bankruptcy is dismissed.
There is a different group of lawyers that is not part of the leadership in the class action. They have amassed tens of thousands of cases. They want to settle today for what many argue is less than the victims deserve. The argument they make is two-fold. First, they argue the settlement of around an average of $100,000 per plaintiff is fair.
This is an argument that is difficult to make. But their second argument has more force: the victims can now not wait and they want the money immediately.
April 12 2023 Update: Some people are seeking out how J&J is able to file for bankruptcy again. The answer is complicated and complicated. Let’s try to simplify it simply.
Johnson & Johnson asserts that bankruptcy is the only way to deal with both present and future lawsuits involving talc conclusively. Also, it thinks it will pay less if there is a bankruptcy component that applies pressure for a settlement. Rio tinto talc lawsuit. Going back to 400 years of American time, the business believes that bankruptcy is beneficial to all parties by distributing settlement payments more equitably and more efficiently than trial courts where some litigants receive significant payouts, while others are left with nothing.
The essence in this 3rd Circuit decision was this is not a case of a profitable company making subsidiaries to meet the legal liability and declare bankruptcy – Congress contemplated when drafting the Bankruptcy Code. However, the court also ruled that the entity was in financial trouble due to the fact that J&J assured it of unlimited funding.
This is why J&J took advantage of the unlimited funding aspect of the deal and did not promise to fund unlimited litigation. The company claims that its modified financing arrangements with its subsidiary will address appeals court’s concerns while still offering claim payment funds. As if providing victims with lesser money could solve the overarching problem.
Lawyers representing cancer patients who oppose the deal counter this argument by saying that it is the legal argument. Rio tinto talc lawsuit. They counter with legal absurdity: J&J fraudulently transferred $50 billion of assets away from LTL Management to circumvent the appeals court’s ruling. Hyperbole is not exempt the lawyers representing victims call this the biggest “fraudulent transfer in United States history.”
In spite of the legal jargon, J&J does not really think this bankruptcy will survive. It is however a method of pushing this $8.9 billion settlement and keep the pressure on plaintiffs.
April 10 2023 Update: Bloomberg is running an intriguing article about a new law within 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 in the case of Johnson & Johnson (J&J) over talc products in exchange for a percentage of any winnings. J&J is now offering the payment of $8.9 billion in settlements for all lawsuits.
The involvement of funders is made public due to a New Jersey court rule requiring the release of certain details regarding outside funding backers. The rule aims to address the growing calls for regulation of litigation funders. J&J has more than 60,000 claims when you include state and federal baby powder lawsuits. Third-party funding in mass tort claims has its pros and pros and. However, there is no doubt that we are witnessing how third-party funding could level the playing field between individuals and big corporations in the courtroom.
April 4, 2023 Update: It is fun to watch the worm turning in this litigation. J&J was hit again this week when the Third Circuit denied J&J’s request to extend the automatic stay as J&J appeals a bankruptcy ruling to the U.S. Supreme Court. It has froze thousands of talcum powder cases and stopped new lawsuits from arising ever since J&J initiated the controversial effort to spin talc-related liabilities into a bankrupt company over one year ago. Rio tinto talc lawsuit. When it was decided that the 3rd Circuit ruled that this bankruptcy was invalid only a few months back, the stay was lifted. J&J wanted to see it continue in the meantime of its SCOTUS appeal. But 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 likelihood that the Supreme Court is willing even to accept the appeal? Low.
March 16 2023 Update: with the bankruptcy stay officially lifted, the very first new cases were filed and incorporated into the talcum powder class action MDL in over one year. Seven new talc lawsuits have been added to the MDL during the month of March increasing the number of pending cases up to 37,522.
February 25, 2023 Update 2023 Update: A Congressmen from Tennessee has now demanded that authorities from the U.S. Government Accountability Office (GAO) initiate an investigation into the amount J&J product containing talc has cost the government over the years.
in a letter to the GAO, Rep. Steven Cohen (D-Ten.) has accused J&J of failing to recognize the dangers of its talc-based products for decades while tax dollars were utilized to treat people injured by exposure to the chemicals. The lawsuit comes just a few weeks after J&J’s major loss in the 3rd Circuit Court of Appeals.
Rio tinto talc lawsuit. J&J should begin to make reasonable settlement offers to victims, in order to put all of this behind. It’s a mark on one of the top businesses.
February 14 , 2023 Update: At an earlier hearing at the hearing in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention to follow the ruling of 3rd U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.
You May be Entitled to Significant Compensation Rio tinto talc lawsuit. 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!