You May be Entitled to Significant Compensation Talc and asbestos geology. 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 with talc would make payments of the sum of $400 million US state AGs. Talc And Asbestos Geology .
Johnson & Johnson (JNJ.N) has put aside $400 million to address U.S. state consumer protection actions as part of a wider $8.9 billion settlement of allegations that it’s Baby Powder as well as other talc products cause cancer. Talc and asbestos geology.
J&J subsidiaries LTL Management filed a bankruptcy plan in New Jersey late on Monday that details how the company will pay various types of cancer victims in an arrangement for bankruptcy. Talc and asbestos geology. J&J has stated that its talc products are safe and will not cause cancer. J&J is seeking another time to settle more than 38,000 lawsuits in bankruptcy, and to prevent any new cases from being filed in the near future.
LTL’s bankruptcy plan will pay $400 million to a separate trust for claims brought from state attorney generals alleging that J&J was in violation of laws against unfair business practices in the State of New York as well as consumer protection laws by misinforming consumers about the safety of its talc products.
Some states had started consumer protection cases against J&J prior to the time that LTL’s bankruptcy filing stopped these investigations from proceeding in 2021. Talc and asbestos geology. New Mexico and Mississippi had already brought lawsuits against Johnson & Johnson before then as well as the states of Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative requests or subpoenas according to court papers.
New Mexico and Mississippi have moved to dismiss LTL’s bankruptcy as well as cancer patients and The U.S. Justice Department’s bankruptcy watchdog, who have claimed that a lucrative firm like J&J is not eligible for bankruptcy protections designed for those struggling with debt.
The first time LTL attempted to settle the bankruptcy lawsuits was thrown out after similar arguments. In the end, a U.S. appeals court decided in favor of LTL wasn’t in “financial trouble” and thus not eligible of bankruptcy protection. Talc and asbestos geology. LTL had filed for bankruptcy again in just two hours following the dismissal, arguing its second attempt was different as it had less money available and had a greater chance of securing a settlement.
New Mexico and Mississippi said in their motion for dismissal that LTL’s bankruptcy renewal violates state law enforcement powers by seeking to unilaterally limit LTL’s liability to state consumer protection actions.
Talc And Asbestos Geology
LTL’s filings for the new year also contained more information on how the company plans to evaluate and settle cancer claims should the bankruptcy plan be approved.
The highest payments under the settlement will be $500,000 for people diagnosed with mesothelioma terminal prior to age 45. Talc and asbestos geology. The second payment would be $260,000 for those diagnosed with ovarian cancer that is terminal prior to age 45.
From there, the proposed settlement offers discounts based on the severity and type of cancer, an individual’s age, previous the use of talc, and other aspects. Talc and asbestos geology. For example, a woman who used daily talc products, had the family history of ovarian cancer and was diagnosed with stage II ovarian cancer at age 55 may be eligible for a $21,125 payout under the program.
Judge decides J&J and talc oppositionists to participate in settlement talks.
Following another round of hearings in Johnson & Johnson’s attempt to use a Texas Two-Step bankruptcy strategy for talc litigation, federal bankruptcy Judge Michael Kaplan has ordered the firm and the people who opposed the move to conduct negotiations to settle the matter, Bloomberg reports.
With its second bankruptcy bid for LTL Management, a subsidiary set up by J&J to settle claims – the company proposed a settlement of $8.9 billion. Talc and asbestos geology. While one firm representing plaintiffs is in favor of the proposal, another group opposes the move.
In the last week, an opposition group, called the Official Committee of Talc Claimants requested the bankruptcy court for dismissal of the matter by saying that LTL is not considered to be in financial distress.
“The filing is an unjust and legally flawed attempt by a tiny number of law firms to try to prevent claimants from voting on the resolution plan–a plan the vast majority of claimants support,” J&J’s litigation chief Erik Haas, said in a statement. Talc and asbestos geology. “The law firms behind this filing have financial interests that clash with, contradict and are in opposition to the interests that their customers. We’ll be submitting a response an appeal to the appellate court.”
Talc and asbestos geology. Clay Thompson, a lawyer for MRHFM which has more than 80 mesothelioma patients who have filed lawsuits against J&J, said that J&J’s second bankruptcy effort will fail.
“J&J issues press releases about how wonderful the plan is but simultaneously insisting that the details of its plan–including the treatment each sick person will receive — be kept private,” Thompson said in the statement. “What does the company have to hide?”
Kaplan has instructed both sides to devise a second restructuring plan, with supervision of two mediators.
The court in February of 2022 Kaplan affirmed the ability of J&J’s recourse to Chapter 11 to hasten a settlement that would free J&J from the tens of thousands of claims related to its talcum-based products.
But in the month of January, an appeals court in the United States overturned the decision, ruling that the company was not able to be considered to be in “financial financial distress.”
After J&J’s appeal to the U.S. Supreme Court was turned down in April, J&J filed for its second bankruptcy two hours after. In response, Kaplan froze the lawsuits for 60 days in order to determine whether to grant an additional bankruptcy.
J&J’s unstoppable profit engine goes out of control after $6.9B the talc litigation cost.
In the two Chapter 11 attempts, J&J has been able to buy 19 months in which cases have been suspended. Talc and asbestos geology. The company is requesting that claimants take a vote to accept their settlement. J&J will require 75% approval for the deal to go through.
In addition to the gang of talc lawyers that criticized the company’s bankruptcy, the U.S. Trustee, a branch from the U.S. Department of Justice, also filed motions to dismiss LTL’s second bankruptcy.
In a statement this week, U.S. Trustee Andrew R. Vara wrote that the bankruptcy courts are “open to honest but unfortunate debtors.” These doors “are not open to any parties who do not have a legitimate bankruptcy goal or who seek to use bankruptcy to hinder or delay their creditors,” Vara continued.
In its own words, J&J maintains there is no conclusive evidence that its Talc products, which includes its popular baby powder cause cancer. J&J has adopted the products of the market, first in North America in 2020–and the rest of the world this year.
J&J wants to avoid the costly business of going to trial. The company has won the majority of cases that have been resolved through trial, though some losses have been very punishing.
A highly-publicized trial in Missouri resulted in an $4.7 billion judgment against the drug manufacturer, which 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 cases involving talc, which are in appeal or decided. Out of 41 trials, 32 have ended in an outcome for J&J, a mistrial or verdict of a plaintiff dismissed after appeal. Talc and asbestos geology. The company also in 2020 moved to settle over 1,000 cases for the sum of $100 million. Bloomberg published at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Talc And Asbestos Geology
Our lawyers handle the baby powder litigation in all 50 states. The lawsuits involving talcum powder for Johnson & Johnson have been going on for a long time. Talc and asbestos geology. The lawsuits claim that the long-term use of the powder (or “talc”), the active ingredient in many products, including the Baby Powder and Shower to Shower as well as other products, may cause ovarian cancer in certain women.
This article provides the J&J talc power litigation update and discusses how the upcoming bankruptcy ruling affects the final settlement amount in these cases of ovarian cancer.
Is the deadline for you to start a lawsuit against talcum powder? Many who assume the deadline has passed to sue Johnson & Johnson are wrong. Call us today at 800-553-8082 or get a no-cost, quick case review online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Talc And Asbestos Geology
June 2 2023 Update: At the asbestos talc trial at the trial in California yesterday, technical issues disrupted the opening speech of defense lawyers. Talc and asbestos geology. Jurors from their homes via Zoom however, heard Johnson & Johnson’s lawyer voice his doubt about the 70s research affirming the presence of asbestos in their product prior to the proceedings abruptly ended.
Meanwhile, the plaintiff could present the first of their witnesses, Arthur Langer. Langer said that the presence of additional minerals along with talc is inevitable. He testified that his team was notified by J&J in 1971 about the presence of chrysotile asbestos within the talc manufactured by the company, though at lower than 0.1 percent. He also found more asbestos in 1976.
June 1st, 2023 Update: Talc and asbestos geology. First trial after J&J has decided to separate its talc division and declare bankruptcy is a pivotal moment for the ongoing litigation story. Trial began yesterday in the heartbreaking trial of a young plaintiff who was diagnosed with an extremely rare and aggressive form of mesothelioma in the past year, which both sides believe is a harrowing tragedy.
Opening statements laid bare sharp differences in the two sides’ story. The attorney representing the plaintiff took aim against Johnson & Johnson, alleging the use of deceptive strategies in its research practices as well as throughout the litigation procedure. As per the lawyer the company tried to manipulate the definition of asbestos, in spite of internal documents from between 1978 and 1994 that showed asbestos fibers in the tissue of the plaintiffs are included.
Johnson &J’s highly uncertain $8.9 billion settlement offer hangs in the balance with the course of this trial. Despite the distinct nature of this mesothelioma-related case and the unique issues it faces compared to other talcum powder lawsuits and a decision in favor of the plaintiff could be an unintended setback to Johnson & J’s expectations of widespread acceptance of their proposed settlement among plaintiffs.
May 31, 2023 Update: Johnson & Johnson’s bankrupt talc division was able to defend its Second Chapter 11 filing in the facing challenges from injured talc claimants. In an objection submitted to the New Jersey bankruptcy court, it argued that the case was fundamentally different from the earlier filing. It highlighted the extraordinary commitment of $8.9 billion in settlement from J&J which is the biggest settlement ever to be made in the history of a mass tort bankruptcy. Talc and asbestos geology. Not mentioned: how the amount of the settlement means it is a fair settlement. J&J also claimed support from numerous plaintiffs’ law companies representing over 60,000 claimants. This is hard to verify but it’s likely to be false.
May 24 2023 Update: As of Johnson and Johnson’s bankruptcy filing in 2021 filing, the very first trial involving its cosmetic talc items allegedly with asbestos content is scheduled to begin jury selection on Monday in California in Alameda County Superior Court, a historically good place for plaintiffs. Plaintiff claims that mesothelioma was triggered by asbestos exposure through J&J’s products which the company denies. The trial also involves six retailers who are accused of selling talc-containing products.
May 22nd, 2023 Update Lawyers in the 2nd J&J Talc bankruptcy are battling over who should be chosen to fill the position of the claims representative in the future, the role is crucially essential to the resolution of the talc claims. Talc and asbestos geology. Randi Ellis, a lawyer who frequently appears in MDLs throughout the country, was appointed as the claims representative in the previous bankruptcy. J&J’s defense team would like Ellis to be appointed to this position again, but lawyers for the talc plaintiffs are protesting on the grounds that Ellis has a conflict of interest that should prevent her from holding that position for the second time. This conflict is rooted in the issue that Ellis was believed to have been involved in the creation of the hotly litigated second bankruptcy, raising doubts about her capability to remain neutral. However, the reality is that this bankruptcy will likely to be dismissed regardless.
May 17, 2023 Update: The pretend company that J&J put together for the talc bankruptcy told an New Jersey bankruptcy court that they have set aside $400 million to pay the claims brought by states accusing the company of deceitful advertising for its talc products. Talc and asbestos geology. This amounts to an $8.5 billion settlement for cancer patients. It’s difficult to envision any scenario in which J&J can get these settlements for babies in these figures. Although J&J’s $8.5 billion offer may seem like a large sum initially, it does not look great when you consider the math. This settlement proposal – by our rough calculations – would not be able to pay victims more than $100,000 per case. This isn’t enough.
May 15 2023 Update J&J might be facing lawsuit by an advocacy group that represents cancer victims. Talc and asbestos geology. The group argues that J&J intentionally canceled the $61.5 billion financing agreement in conjunction with its affiliate, LTL Management LLC, to simulate financial distress and confirm the unit’s Chapter 11 bankruptcy filing. The group claims that this move is equivalent to a fraudulent transfer of the victims’ compensation rights. They are planning to study J&J’s actions as a result of the denial of the LTL’s bankruptcy case in its first instance.
May 10 2023 Update: The following week in next week, the U.S. Bankruptcy Court in New Jersey will hear oral arguments on a petition to dismiss the second bankruptcy filing that was filed by J&J subsidiary LTL Management. In the meantime, however the bankruptcy has issued an order which requires both sides to participate in a new settlement negotiation hoping that it will be possible to reach a global settlement agreement been reached.
May 5th 2023: Update on 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. Talc and asbestos geology. Over 2,700 individuals have sued the firm and the company was spending $1 million a month to defend itself. The company’s latest $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 among talc claimants instead of being confiscated by the receiver. Other suppliers of talc have been forced to file for bankruptcy as a result of the litigation.
May 4, 2023 Update: U.S. Bankruptcy Judge Michael Kaplan has directed Johnson & Johnson to reopen talks with lawyers who rebuffed Johnson & Johnson’s $8.9 billion offer for settlement. At Trenton, New Jersey yesterday, the parties appeared in court to discuss next steps for their second bankruptcy matter and Judge Kaplan has pushed for further settlement talks.
This is the best way to resolve these claims for J&J. A settlement for baby powder can be made. Talc and asbestos geology. But it’ll need more money – billions of dollars – by Johnson & Johnson.
Lawyers have a split opinion on whether or not to agree with the proposal and not all clients see this issue the same way their lawyer does. Second bankruptcy cases are bound to fail, and Judge Kaplan has scheduled a hearing for June to decide whether to discharge the bankruptcy for the 2nd time.
May 3, 2023 Update: A group representing cancer victims suing Johnson & Johnson (J&J) demanded for they request that the Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it is an attempt to halt litigation over talc products. The committee representing talc claimants has filed a motion this week, asking to the Third Circuit to consider their case and to send it back an earlier court, with instructions to discharge the bankruptcy. Talc and asbestos geology. They also requested that the stopped tort litigation against J&J be allowed to proceed.
LTL requested Chapter 11 protection once again following the bankruptcy filing it made earlier was rejected by the Third Circuit earlier this year and offered an $8.9 billion payment. The committee says that the recent decision allowing LTL’s 2nd Chapter 11 to continue, as well as halting the trials against J&J is a reason for an immediate Third Circuit review. The US Trustee also asked that be the New Jersey bankruptcy court dismiss the LTL bankruptcy case. J&J’s global vice president of litigation, Erik Haas, was quoted by Bloomberg declaring that J&J plans to file a formal response to the appeals court characterizing the filing as a “desperate and legally inadequate attempt” by a select group of law firms with conflicts of financial interests.
May 1, 2023 Update: One question people keep asking is how could plaintiffs and their lawyers turn off $8.9 billion. Of course, that is a lot of money. But there are plenty of victims. Talc and asbestos geology. And these are really good arguments for plaintiffs. We have been reminded of this recently with two talc trials have resulted in huge verdicts for plaintiffs. In February mesothelioma, a talcum-based powder trial in Oregon resulted in a verdict that was $18.1 million. The following month, a second mesothelioma talc case was brought to hearing in South Carolina and resulted in an award of $29 million on behalf of the plaintiff. Both cases were defended by Whittaker, Clark & Daniels Inc. one of the largest manufacturers of talc in U.S.
April 30th, 2023 Update: When J&J first attempted to drag the litigation over talcum powder into bankruptcy, it came with an offer to put aside $2 billion for settlements. This was an absurdly low amount. All of the talc plaintiffs were in favor of the offer. However, this time, 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 large part of the talc-related plaintiffs and their attorneys. Talc and asbestos geology. But 75% of the plaintiffs who are a talc, which is needed for approval of the bankruptcy plan is not an easy task due to the sheer number of lawyers with huge collections of baby powder-related lawsuits, opposed to the settlement.
What is the solution to this impasse? More billions.
April 25 2023 update: Talc plaintiffs have requested a judge to dismiss their Chapter 11 case filed by LTL Management LLC, a absurdly-made-up Johnson & Johnson subsidiary, insisting that the company is not financially distressed. LTL requested Chapter 11 to settle tens of thousands of claims that J&J’s baby powders cause cancer. Talc and asbestos geology. The 3rd Circuit dismissed its first Chapter 11 case in January in a ruling that said LTL was not eligible for bankruptcy relief since it had not demonstrated financial trouble.
The claimants contend that the second Chapter 11 case is an overreach of the bankruptcy system and it’s being pursued in bad faith. J&J claims the bankruptcy settlement receives “significant backing” from firms representing approximately 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 settlement offer.
April 21, 2023 Update: A bankruptcy judge has decided that Johnson & Johnson must face new lawsuits alleging that the firm sold tainted baby powder causing cancer. Although the trials for the lawsuits involving talc are delayed for a minimum of 60 days, new lawsuits can be filed, and lawyers are able to begin preparing their cases. Talc and asbestos geology. Judges expressed skepticism about J&J’s absurd attempt to relaunch its strategy in the second bankruptcy case.
April 13th 2023: Update on the biggest announcement is an $8.9 billion over 25 years of settlement. Lawyers representing cancer patients within MDL class action MDL Class Action have pledged to fight the settlement along with those who claim talc. Why? They argue that it’s too little money for the those suffering from cancer who are 70,000. Talc and asbestos geology. The lawyers say that J&J could negotiate a greater settlement or even litigate individual claims if the latest bankruptcy is declared unconstitutional.
But there is another group of lawyers that is not part of the top leadership in this class action. These lawyers have collectively amassed hundreds of thousands of cases. This group wants to settle now for what many argue is lower than what the victims should be paid. Their argument seems to be two-fold. They argue that the settlement, which is about 100,000 dollars per plaintiff is fair.
This argument isn’t easy to present. But their second argument has more force: victims should be no longer patient and demand the money immediately.
April 12 2023 Update: Some people are wondering if J&J could file for bankruptcy once more. The answer is complicated and convoluted. But let’s try to explain it in simple terms.
Johnson & Johnson asserts that bankruptcy is the only option to settle both present and future lawsuits involving talc conclusively. That is, it believes that it will be less expensive in the event of the bankruptcy element which applies pressure to negotiate a settlement. Talc and asbestos geology. Moving past 400 years of American time, the business argues that bankruptcy benefits all parties as it distributes settlements more fairly and efficiently than trial courts, which are where litigants get significant awards while others receive nothing.
The gist in the 3rd Circuit decision was this isn’t a case that involves a profitable company making a subsidiary to take the legal liability and declare bankruptcy – Congress contemplated when drafting the Bankruptcy Code. It also clarified that the entity was in financial difficulty because J&J promised unlimited funding.
So J&J took advantage of the unlimited funding part of the contract and did not promise to offer unlimited funding for litigation. The company claims that its revised financing arrangements with its subsidiary address concerns of the appeals court while supplying funds for claim payments. In the hope that offering victims lesser money could solve the underlying issue.
Lawyers representing cancer patients who are against the agreement argue the agreement with what is countering legal nonsense legal absurdity: J&J fraudulently transferred $50 billion of assets away from LTL Management to circumvent the appeals court’s earlier ruling. Hyperbole did not go unnoticed the lawyers representing victims call it the largest “fraudulent deal that has occurred in United States history.”
Notwithstanding the legal mumbo jumbo, J&J does not really believe this bankruptcy will be able to last. But it is a way of trying to push this $8.9 billion settlement through and maintain pressure on plaintiffs.
April 10, 2023 update: Bloomberg is running an intriguing piece on a law that has been passed in New Jersey that is shedding new light on the funding of litigation in the Class action suit. Funders for litigation Virage Capital Management and TRGP Capital invested in hundreds of lawsuits from Johnson & Johnson (J&J) concerning talc products in exchange in exchange for a portion of profits. J&J has now offered that it will pay $8.9 billion to settle all lawsuits.
The involvement of funders is public information because of the New Jersey court rule requiring the disclosure of certain information about funders outside the state. This rule is intended to tackle the growing demands for regulation of litigation funders. J&J faces over 60,000 claims when you combine federal and state Baby Powder lawsuits. Third-party funding for mass tort lawsuits has pros and cons. There is no doubt that we are seeing how third-party funding could level the playing field between individual and large corporations in court.
April 4 2023 Update: It’s interesting to watch the worm turning in this case. J&J took another hit this week when it was found that the Third Circuit denied J&J’s request to maintain the automatic stay in the meantime that J&J appeals a bankruptcy decision to the U.S. Supreme Court. This automatic stay frozen thousands of talcum cases and stopped the filing of new lawsuits ever since J&J began the controversial plan to spin talc-related liabilities off into a bankrupt subsidiary over a year ago. Talc and asbestos geology. When the 3rd Circuit ruled that this bankruptcy was insufficient some months ago, the stay was lifted. J&J wanted to see it continue in the meantime of 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 likelihood that for the Supreme Court is willing even to accept the appeal? Low.
March 16th 2023 Update: with the bankruptcy stay being officially lifted, the first new cases were filed and incorporated into the Talcum Powder class action MDL within a year. Seven new talc cases were joined to the MDL in the last month which brings the total number of cases in the pending process up to 37,522.
February 25 2023 Update: A Congressmen from Tennessee is now calling for authorities from the U.S. Government Accountability Office (GAO) launch an investigation into how much J&J talc products have cost the government over the many years.
in a letter addressed to the GAO, Rep. Steven Cohen (D-Ten.) accused J&J of failing to recognize the dangers of its talc-based products for many years, while tax dollars were spent treating those injured by exposure to the chemicals. The suit comes just a few days following J&J’s dramatic loss in the 3rd Circuit Court of Appeals.
Talc and asbestos geology. J&J has to begin making reasonable settlement proposals to victims, in order getting this behind it. It is a stain on one of the top businesses.
February 14 , 2023 Update: At an earlier hearing in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention following the third U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.
You May be Entitled to Significant Compensation Talc and asbestos geology. 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!