You May be Entitled to Significant Compensation Talc and talcum powder difference. 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 400 million dollars to US state AGs. Talc And Talcum Powder Difference .

Johnson & Johnson (JNJ.N) has set aside $400 million to address U.S. state consumer protection actions as part of its broad $8.9 billion plan to settle claims that its Baby Powder and other talc-based items cause cancer. Talc and talcum powder difference.

J&J subsidiary LTL Management filed a bankruptcy plan in New Jersey late on Monday that outlines how the firm will pay various types of cancer victims in a bankruptcy settlement. Talc and talcum powder difference. J&J has claimed that its Talc products are safe, and will not cause cancer. It is attempting for an additional time to conclude more than 38,000 lawsuits brought in bankruptcy, and to prevent any new cases from coming forward in the near future.
LTL’s bankruptcy plans would deposit $400 million into an additional trust to settle lawsuits filed with state attorneys general alleging that J&J violated the state’s unfair commercial practices and consumer protection laws by misleading consumers regarding the dangers of its talc products.

A number of states had already initiated consumer protection measures against J&J prior to the first bankruptcy filing stopped these investigations from moving forward in 2021. Talc and talcum powder difference. New Mexico and Mississippi had already initiated lawsuits in the past 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 in LTL’s court papers.

New Mexico and Mississippi have taken steps to halt the bankruptcy of LTL in a joint move with cancer victims and the U.S. Justice Department’s bankruptcy watchdog. have argued that a successful company such as J&J is not eligible for bankruptcy protections designed for the struggling debtors.
The first attempt by LTL to resolve the bankruptcy-related lawsuits was rejected after the same arguments. The U.S. appeals court decided it was not LTL wasn’t in “financial trouble” and ineligible of bankruptcy protection. Talc and talcum powder difference. LTL had filed for bankruptcy again in just two hours following that dismissal, arguing that its second attempt was different in that it had less money available and had a greater chance of securing an agreement.

New Mexico and Mississippi said in their motion to dismiss that LTL’s bankruptcy renewal violates state law enforcement authorities by trying to unilaterally cap the liability of the company in state consumer protection actions.

Talc And Talcum Powder Difference

LTL’s recent filings also provided more information about how the company would assess and pay cancer claims in the event that the bankruptcy plan is approved.

The most significant payments under the settlement will be $500,000 to those diagnosed with terminal mesothelioma before the age of 45, and $260,000 for people diagnosed with cancer of the ovary prior to age 45.

The proposed settlement provides discounts based on the kind and severity of cancer, the individual’s years of age, their history of using talc and other factors. Talc and talcum powder difference. For example someone who regularly used daily talc products, had an ovarian cancer family history, cancer and was diagnosed with an ovarian cancer stage II when she was 55 might qualify for a $21,125 payout under the program.

Judge decides J&J, talc opponents to discuss settlement negotiations.

Following another hearing in Johnson & Johnson’s effort to utilize 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 negotiations to settle the matter, Bloomberg reports.

With its second bankruptcy bid for LTL Management–a subsidiary established by J&J to handle the claims company offered a settlement amounting to $8.9 billion. Talc and talcum powder difference. While a group of law firms representing plaintiffs agree with the offer, another group is against the settlement.

This week, the opposition group, known as the Official Committee of Talc Claimants, urged the bankruptcy court to disqualify the petition by saying that LTL is not a factor in financial hardship.

“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, which the vast and growing majority of claimants favor,” J&J’s litigation chief Erik Haas, said in an announcement. Talc and talcum powder difference. “The law firms who filed the filing are pursuing financial interests which are in conflict with, differ from and are in opposition to the interests which their clientele. We’ll submit an answer an appeal to the appellate court.”

Talc and talcum powder difference. Clay Thompson, a lawyer for MRHFM which is home to more than patients with mesothelioma who have sued J&J, said that J&J’s second bankruptcy attempt is likely to fail.

“J&J issue press releases about how wonderful its plan is while simultaneously insisting that the details of its plan–including the treatment individual sick people would actually receive — be kept private,” Thompson said in an email. “What do J&J have to conceal?”

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Kaplan has commanded the parties to create a strategy for reorganization, under the oversight by two mediators.

In February 2022, Kaplan affirmed the ability of J&J’s recourse to Chapter 11 to hasten a settlement that would relieve the company from the hundreds of thousands of claims regarding its talcum products.

However, in January of this year an appeals court in the United States overturned the decision, deciding that the firm could not be considered in “financial financial distress.”

After J&J’s appeal to the U.S. Supreme Court was dismissed on April 1, J&J applied for its first bankruptcy just two hours after. In response to that move, Kaplan froze the lawsuits for 60 calendar days to decide whether or not to approve the second bankruptcy.

J&J’s omnipotent profit engine fails after $6.9B settlement charge for talc.

Through Two Chapter 11 attempts, J&J has purchased 19 months of which cases have been suspended. Talc and talcum powder difference. The company would like claimants to vote on accepting their settlement. J&J requires 75% approval for the deal to go through.

Alongside the group of talc lawyers who panned the company’s bankruptcy play, the U.S. Trustee which is a division from the U.S. Department of Justice is also submitting a motion to dismiss LTL’s second bankruptcy.

In a filing this week, U.S. Trustee Andrew R. Vara wrote that the the bankruptcy court are “open to honest, but naive debtors.” The doors “are not available to anyone that lack a legitimate bankruptcy purpose or that seek to take advantage of the bankruptcy process to delay or hinder their creditors,” Vara continued.

For its part, J&J maintains there is no conclusive evidence that its talc products, including its iconic baby powder, cause cancer. J&J has taken its products off of the market–first on North America in 2020–and the rest of the world next year.

J&J wants to avoid the expense of going to trial. The company has won the majority of cases that have been resolved in court, however certain losses have been severe.
A well-known trial in Missouri resulted in an $4.7 billion judgment against the drug manufacturer that was later reduced to $2.1 billion after appeals.

Johnson & Johnson faces high-stakes hearing over ‘Texas Two Step’ talc strategy: report
In all, J&J has lost nine talc trials that are either being appealed or settled. Of the 41 trials, 32 have ended in an outcome for J&J or a mistrial, or verdict for a plaintiff that was dismissed in appeal. Talc and talcum powder difference. Additionally, the company in 2020 negotiated to settle around 1000 cases at a cost of 100 million dollars, Bloomberg reported at the time.

Talcum Baby Powder Ovarian Cancer Lawsuit – Talc And Talcum Powder Difference

Our lawyers are handling baby powder lawsuits across all 50 states. The talcum powder lawsuits against Johnson & Johnson have been ongoing for years. Talc and talcum powder difference. The lawsuits assert that long-term use of the powder (or “talc”), the active ingredient in products such as Shower to Shower Powder or Shower to Shower and Shower to Shower, could cause ovarian cancer among some women.

This page provides the J&J Talc Power litigation update and provides an overview of how the upcoming bankruptcy ruling will affect the final settlement amounts of these Ovarian Cancer lawsuits.

Did the deadline expire for you to bring a talcum lawsuit? Many who believe 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 Talcum Powder Difference

June 2 2023 Update: At the asbestos talc trial at the trial in California yesterday, a few technical issues interrupted the opening statements made by defense lawyers. Talc and talcum powder difference. Jurors who were watching from home on Zoom however, heard Johnson and Johnson’s lawyer express skepticism about the 70s science affirming the presence of asbestos in their product prior to the session abruptly ended.

The plaintiff had the opportunity to present its first expert witness Arthur Langer. Langer stated that the presence of other minerals alongside the talc’s mineral content is inevitable. He testified that his team was notified by J&J in the year 1971 of the presence of chrysotile asbestos the talc of the company, but in just 0.1 percent. He also found more asbestos in 1976.

June 1st, 2023 Update: Talc and talcum powder difference. This is the first court trial that has taken place since J&J made the decision to split its talc division and declare bankruptcy marks an important turning point in the ongoing talc litigation drama. The trial started yesterday in the poignant case of a young, 24-year-old plaintiff, diagnosed with a rare and aggressive type of mesothelioma last year, a diagnosis lawyers on both sides agree is a tragic loss.

Opening statements laid bare huge differences between the sides’ story. The attorney representing the plaintiff took aim on Johnson & Johnson, alleging that the company employed deceitful methods in their research practices as well as throughout the litigation process. As per the lawyer, the company tried to manipulate asbestos’ definition, despite internal documents from the year 1978 and 1994 indicating that asbestos fibers found in tissues of the plaintiff are part of.

Johnson & Johnson’s uncertain $8.9 billion settlement offer hangs in the balance with the course of this trial. Despite the distinctive nature of this mesothelioma case and the unique issues it faces compared to other lawsuits involving talcum powder ruling in favor of the plaintiff could inflict an enormous setback for J&J’s expectations of widespread acceptance of their settlement proposal among plaintiffs.

May 31 2023: Update from Johnson & Johnson’s bankrupted talc unit has vigorously defended it’s Second Chapter 11 filing in the in the face of challenges from the talc injury plaintiffs. In a written objection to the New Jersey bankruptcy court, the company argued that the case was fundamentally different from the earlier filing. It also emphasized the unprecedented commitment to $8.9 billion by J&J, the largest settlement ever in an bankruptcy case involving mass torts. Talc and talcum powder difference. There was no mention of how this amount signifies that it’s an equitable settlement. J&J also claimed support from numerous plaintiffs’ law firms representing more than the 60,000 plaintiffs. This is difficult to verify but likely incorrect.

May 24, 2023 Update: Since Johnson and Johnson’s bankruptcy filing in 2021 filing, the very first trial regarding the cosmetic talc products it claims to with asbestos content is scheduled to start jury selection Monday, California with Alameda County Superior Court, a historically good place for plaintiffs. Plaintiff claims that mesothelioma is the result of asbestos exposure from J&J’s products, an allegation J&J has denied. The trial also involves six retailers who are accused of selling talc-containing products.

May 22, 2023 Update: Lawyers involved in the 2nd J&J Talc bankruptcy are fighting over who should be appointed to the position of future claims representative. This is the role is crucially essential to the resolution of the talc claims. Talc and talcum powder difference. Randi Ellis, a lawyer who regularly appears in MDLs across the country was appointed the claims representative in the previous bankruptcy. J&J’s defense team would like Ellis to be appointed to that role again, but lawyers for the talc plaintiffs have raised objections to the claim that Ellis has a conflict of interest which should stop her from taking on that role for the second time. The issue stems from the issue that Ellis was believed to have been involved in the drafting of the highly litigated second bankruptcy, raising doubts about her capacity to be neutral. It’s true that this bankruptcy could be dismissed regardless.

May 17th, 2023 Update: The pretend company that J&J put together for the talc bankruptcy has informed an New Jersey bankruptcy court that they have set aside $400 million to pay the allegations made by states who accuse the company of deceptive advertising for its talc-based products. Talc and talcum powder difference. That’s an $8.5 billion settlement to cancer victims. It’s difficult to envision the scenario in which J&J can push these settlements for babies in these figures. Although J&J’s $8.5 billion offer may seem like a lot of money at first, it does not look good when you consider the math. This settlement offer based on our rough calculations would not provide victims with much more than an average settlement $100,000 per instance. This isn’t enough.

May 15 2023 update: J&J might be facing lawsuit from an advocacy group that represents cancer victims. Talc and talcum powder difference. The group claims that J&J deliberately withdrew the $61.5 billion contract for funding in conjunction with its affiliate, LTL Management LLC, in order to create a false sense of financial distress and verify the unit’s Chapter 11 bankruptcy filing. The group claims this decision could be interpreted as a fraudulent transfer of the right to compensation for victims. They will investigate J&J’s actions as a result of the decision to dismiss the LTL’s bankruptcy case in its first instance.

May 10 2023 Update: Next week next week, next week, the U.S. Bankruptcy Court in New Jersey will hear oral arguments regarding a motion to dismiss the second bankruptcy petition filed of J&J LTL Management, J&J’s subsidiary. LTL Management. However, in the meantime the bankruptcy has issued an order which requires both sides to participate in a new settlement mediation in the hope that the global settlement can be been reached.

May 5, 2023 Update: Talc producer Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to numerous lawsuits alleging its talc products caused cancer through asbestos exposure. Talc and talcum powder difference. More than 2700 people have filed lawsuits against the firm and it is spending $1 million a month on legal defense. The company’s recent $29 million settlement at the Supreme Court of South Carolina forced it to pursue bankruptcy protection, and arguing for a fair distribution of assets between talc claimants rather than being taken over from the receiver. Other talc suppliers have also been forced to file for bankruptcy as a result of legal proceedings.

May 4 2023 Update: U.S. Bankruptcy Judge Michael Kaplan has directed Johnson & Johnson to reopen settlement discussions with lawyers who have rejected the company’s proposed $8.9 billion offer for settlement. It was in Trenton, New Jersey yesterday the parties appeared before a judge to discuss next steps to take in the second bankruptcy case and Judge Kaplan pushed more settlement talks.

This is the way to settle these claims with J&J. The baby powder settlement is likely to be made. Talc and talcum powder difference. However, it will require additional money – perhaps billions of dollars coming from Johnson & Johnson.

Lawyers have a split opinion on whether or not to agree with the proposal and not all clients see the issue the same way their lawyer does. This second case of bankruptcy is bound to fail, as 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 of cancer patients who have sued Johnson & Johnson (J&J) requested an order from the Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it attempts to block the litigation involving talc products. The committee representing talc claimants filed a motion on Tuesday, asking the Third Circuit to consider their case and send it back an earlier court, with instructions to discharge the bankruptcy. Talc and talcum powder difference. They also requested that the halted tort litigation against J&J continue to continue.
LTL filed for Chapter 11 protection once again following its bankruptcy filing that was denied in the Third Circuit earlier this year and offered a $8.9 billion deal. The committee believes that the recent ruling allowing LTL’s 2nd Chapter 11 to continue, as well as halting the trials against J&J should be subject to the immediate Third Circuit review. The US Trustee requested an 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 plans to file a response in the appeals court calling the request a “desperate and legally inadequate plan” by a handful of law firms that have competing financial interests.
May 1 2023 Update: One common question that people ask is how could plaintiffs and their lawyers be able to turn off $8.9 billion. That’s of course an enormous amount of money. But there are plenty of victims. Talc and talcum powder difference. They are a great cases for plaintiffs. We were reminded of this last week in two talc trials which ended in large verdicts for the plaintiffs. In February mesothelioma cases, a talcum powder trial in Oregon ended in an award worth $18.1 million. The following month, a second mesothelioma trial involving talc was held for trials on the other side of South Carolina and resulted in a verdict of $29 million for the plaintiff. Both cases were defended by Whittaker, Clark & Daniels Inc. which is one of the most prominent suppliers of talc within the U.S.
April 30 2023 Update: J&J first tried to bring the litigation over talcum powder into bankruptcy, they came with an offer to reserve $2 billion for settlements. This was an absurdly low amount. The talc plaintiffs had not supported the offer. This time, however, J&J has increased the offer to $8.9 if the talc plaintiffs will allow a bankruptcy settlement and also has the backing of a significant segment of the talc plaintiffs and their attorneys. Talc and talcum powder difference. But with 75% of talc plaintiffs, which is required to approve bankruptcy plans, it a tough road due to the sheer number of lawyers with vast collections of baby powder lawsuits opposed towards the agreement.

What could solve the impasse? More billions.
April 25 2023, Update Talc cancer claimants have requested a judge to dismiss their Chapter 11 case filed by LTL Management LLC, a absurdly-made-up Johnson & Johnson subsidiary, declaring that the company isn’t financially troubled. LTL requested Chapter 11 to settle tens of thousands of claims that J&J’s baby products caused cancer. Talc and talcum powder difference. The 3rd Circuit dismissed its first Chapter 11 case in January in a ruling that said the company wasn’t eligible for bankruptcy relief because it did not show financial trouble.

The claimants argue that LTL’s Second Chapter 11 case is an misuse of the bankruptcy system and the case is being handled in bad good faith. J&J claims the bankruptcy settlement is backed by “significant backing” from firms representing about 60,000 potential plaintiffs. It is fair to say plaintiffs’ lawyers and victims ‘ lawyers are divided on what they believe is an $8.9 billion amount of settlement offered.

April 21, 2023 Update: A bankruptcy judge has decided that Johnson & Johnson must face new lawsuits alleging that it sold baby powder that was contaminated and causing cancer. Although the trials for Talc lawsuits are suspended for a minimum period of 60 days and new lawsuits are able to be filed, and lawyers will begin preparing their cases. Talc and talcum powder difference. Judges expressed skepticism about J&J’s ridiculous effort to relaunch its strategy in the second bankruptcy case.

April 13 2023 update: the big news is the $8.9 billion over the next 25 years of settlement. Lawyers representing cancer victims within MDL class action MDL collective action pledged to fight the settlement with the talc claimants. Why? They think it is too little money for the 70 000 cancer patients. Talc and talcum powder difference. They argue that J&J should negotiate a bigger settlement or pursue individual claims in the event that the latest bankruptcy is thrown out.

There is a different group of lawyers outside of the leadership of the class action. These lawyers have amassed many thousands of cases. They want to settle today with what they believe is far less than what these victims deserve. Their argument seems to be two-fold. They argue that the settlement – which amounts to 100 million dollars on average per plaintiff is fair.

That is a hard argument to prove. However, their second argument has more teeth: victims can no longer wait and want to get their money right now.

April 12 2023 Update: Some people are asking how J&J can file for bankruptcy again. The answer is complex and complicated. Let’s try to clarify it clearly.
Johnson & Johnson asserts that bankruptcy is the only method to settle both present and future talc-related lawsuits definitively. Also, it thinks it will pay less if there is a bankruptcy element that creates pressure for a settlement. Talc and talcum powder difference. Moving past hundreds of years of American history, the company asserts that bankruptcy benefits all parties because it distributes settlements more equally and efficiently than trial courts, where some litigants receive significant awards while others receive nothing.

The basic tenet in this 3rd Circuit decision was this is not a case – a profitable company making an affiliate to accept the legal responsibility and declare bankruptcy Congress had in mind when it came to drafting the Bankruptcy Code. However, the court also ruled that the entity was financially distress due to the fact that J&J promised unlimited funding.
Then J&J decided to go with the funding unlimited part of the contract and didn’t promise to provide unlimited funding for the litigation. J&J claims that its revised financing arrangements with its subsidiary address the concerns of the appellate court, while supplying funds for claim payments. In the hope that offering victims lower amounts of money would resolve the underlying issue.

Lawyers representing cancer victims who do not agree with the agreement counter the agreement with what 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 previous decision. Hyperbole was not spared the lawyers representing victims call it the largest “fraudulent transfer ever in United States history.”

Despite the legal jargon, J&J does not really think this bankruptcy will survive. But it is a way of pushing this $8.9 billion settlement and keep the 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 suit for class actions. Litigation funders Virage Capital Management and TRGP Capital invested in hundreds of claims from Johnson & Johnson (J&J) concerning talc products in exchange for a share of any winnings. J&J is now willing that it will pay $8.9 billion to settle lawsuits.

The involvement of funders is made public due to the New Jersey court rule requiring the release of certain details regarding outside funding backers. This rule is intended to respond to the increasing calls for the regulation of litigation funders. J&J has more than 60,000 claims when you include federal and state infant powder litigation. Third-party funding for mass tort lawsuits has both pros and pros and. But there is no question that we are seeing how third-party funding can level the playing field between individuals as well as large corporations in the courtroom.

April 4 2023 Update: It is interesting 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 keep the automatic stay in place in the meantime that J&J appeals an appeal before the U.S. Supreme Court. The automatic stay has frozen thousands of talcum cases and stopped new lawsuits from arising ever since J&J launched the controversial attempt to spin the talc debts off into a bankrupt subsidiary over one year in the past. Talc and talcum powder difference. After it was decided that the 3rd Circuit ruled that this bankruptcy was insufficient just a few months ago the stay was removed. J&J had hoped to have it stayed in place until hearing 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 chance is that the Supreme Court is willing even to accept the appeal? Low.
March 16, 2023 Update: with the bankruptcy stay having been officially lifted, the very first new cases have been filed and transferred into the class action for talcum powder MDL in over one year. Seven new talc lawsuits have been joined to the MDL in the past month which brings the total number of cases that are pending to 37,522.

February 25 2023 Update 2023 Update: A Congressmen from Tennessee is now requesting that The U.S. Government Accountability Office (GAO) initiate an investigation to determine how much J&J products containing talc have cost the government over the decades.
A recent email to the GAO, Rep. Steven Cohen (D-Ten.) accused J&J of ignoring the dangers of its talc products over decades while tax dollars were spent on treating people who suffered injuries from exposure to the products. The suit comes just a few days following J&J’s dramatic loss in the 3rd Circuit Court of Appeals.

Talc and talcum powder difference. J&J must begin making fair settlement offers for victims in order to put all of this behind it. This is a blemish on one of the greatest businesses.

February 14 2023 Update: During an appearance today at the 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.