Talc Asbestos Reuters – Are You Eligible To File A Talc Lawsuit?

You May be Entitled to Significant Compensation Talc asbestos reuters. 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 would be worth the sum of $400 million US state AGs. Talc Asbestos Reuters .

Johnson & Johnson (JNJ.N) has put the amount of $400 million for resolving U.S. state consumer protection actions as part of its wider $8.9 billion settlement of allegations that its Baby Powder and other talc-based ingredients cause cancer. Talc asbestos reuters.

J&J subsidiaries LTL Management filed a bankruptcy plan in New Jersey late on Monday that describes how the company will pay various types of cancer patients in bankruptcy settlement. Talc asbestos reuters. J&J has declared that its talc products are safe and do not cause cancer. It is attempting for the second time to end more than 38,000 lawsuits filed in bankruptcy and prevent new cases from being filed in the near future.
LTL’s bankruptcy plan would pay $400 million to a separate trust for claims filed from state attorney generals alleging that J&J did not comply with the state’s unfair commercial practices as well as consumer protection laws through misleading consumers about the dangers of its talc products.

Many states had initiated consumer protection lawsuits against J&J prior to the first bankruptcy filing stopped these investigations from moving forward in 2021. Talc asbestos reuters. New Mexico and Mississippi had already filed suit with 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 LTL’s court filings.

 

 

New Mexico and Mississippi have filed a petition to end LTL’s bankruptcy as well as cancer patients and those affected by cancer and the U.S. Justice Department’s bankruptcy watchdog. They have claimed that a lucrative company like J&J is not eligible for bankruptcy protections aimed at the struggling debtors.
The company’s initial attempt to resolve the bankruptcy-related lawsuits was thrown out after similar arguments. A U.S. appellate court ruled in favor of LTL was not in “financial trouble” and ineligible to receive bankruptcy relief. Talc asbestos reuters. LTL declared bankruptcy a second time less than two hours after the dismissal, arguing the second bankruptcy was different in that it was able to borrow less and had a greater chance of securing the possibility of settling.

New Mexico and Mississippi said in their motion to dismiss that LTL’s renewed bankruptcy violates state law enforcement authorities in attempting to unilaterally limit the company’s liability for state consumer protection laws.

 

Talc Asbestos Reuters

LTL’s recent filings also provided additional details about how the company would evaluate and pay for cancer claims when the bankruptcy plan is approved.

The maximum amount under the settlement will be $500,000 to those diagnosed with mesothelioma that is terminal before the age of 45, and $260,000 for patients diagnosed with cancer of the ovary before age 45.

From there, the proposed settlement applies discounts depending on the type and severity of cancer, the patient’s age, previous the use of talc, and other aspects. Talc asbestos reuters. For example the case of a woman who used talc products weekly, had a family history of ovarian cancer and was diagnosed an ovarian cancer stage II at age 55 might qualify to receive a payment of $21,125 under the program.

Judge gives order to J&J, talc opponents to discuss settlement negotiations.

After another round of hearings in Johnson &Johnson’s attempt to use a Texas Two-Step bankruptcy strategy to resolve talc litigation, federal bankruptcy Judge Michael Kaplan has ordered the company and those opposing the move to conduct settlement talks, Bloomberg reports.

With its second bankruptcy attempt for LTL Management, a subsidiary created by J&J to manage the claims company made a settlement offer of $8.9 billion. Talc asbestos reuters. While one firm representing plaintiffs agree with the offer, another group opposes the move.

The previous week, the opposition group, which is known as”The Official Committee of Talc Claimants, urged the bankruptcy court to disqualify the petition arguing that LTL is not considered to be to be in financial trouble.

“The filing is an unjust and legally flawed attempt by a handful of law firms to try to block claimants from voting on the resolution plan – a plan the vast majority of claimants favor,” J&J’s litigation chief Erik Haas, said in a statement. Talc asbestos reuters. “The law firms who filed these filings have interests in finance that clash with, contradict and are in opposition to the interests that their customers. We will be submitting an appeal in the appeals court.”

Talc asbestos reuters. Clay Thompson, a lawyer for MRHFM, which has more than 80 mesothelioma clients who have filed lawsuits against J&J for bankruptcy, told the company’s second bankruptcy try is likely to fail.

“J&J sends out press releases about how wonderful its plan is while simultaneously insisting that the plan’s details, including what each sick person will receive–be kept secret,” Thompson said in an email. “What do they have to cover up?”

 

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Kaplan has directed the parties to develop a new strategy for reorganization, under the oversight by two mediators.

As of February 2022 Kaplan stated that J&J’s recourse to Chapter 11 to hasten a settlement that would relieve J&J from the thousands of lawsuits regarding its talcum products.

But in January of this year, a federal appeals court overturned the decision, ruling that the company could not be considered in “financial difficulty.”

After J&J’s challenge the U.S. Supreme Court was denied in April, J&J was granted a second petition for bankruptcy about two hours later. In response to that move, Kaplan froze the lawsuits for 60 days in order to determine whether to grant another bankruptcy.

J&J’s unstoppable profit machine sputters after $6.9B the talc litigation cost.

With two Chapter 11 attempts, J&J has gotten 19 months of which cases have been on hold. Talc asbestos reuters. J&J wants the claimants to take a vote to accept their settlement. J&J will require 75% acceptance in order for the agreement to be accepted.

In addition to the gang of talc lawyers who panned the bankruptcy of the company as well, the U.S. Trustee, an arm of the U.S. Department of Justice, also filed a motion to dismiss LTL’s second bankruptcy.

In a recent filing, U.S. trustee Andrew R. Vara wrote that the doors of the bankruptcy court remain “open to honest but unfortunate debtors.” These doors “are not open to parties who do not have a legitimate bankruptcy purpose or that seek to abuse the bankruptcy process to delay or hinder their creditors,” Vara continued.

To its credit, J&J maintains there is no definitive evidence to suggest that its Talc-based products, such as the famous baby powder, cause cancer. J&J has taken the products from the market and will first launch them in North America in 2020–and the rest of the world later this year.

J&J seeks to avoid the expense of going to court. J&J has won the majority of cases that have been decided at trial, but certain losses have been extremely punitive.
A highly publicized trial in Missouri resulted in a $4.7 billion verdict against the drug maker, 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 talc trials that are either being appealed or decided. Out of 41 trials, 32 ended with winning for J&J as well as mistrials or plaintiff verdicts that were reversed on appeal. Talc asbestos reuters. In addition, J&J in 2020 moved to settle more than 1,000 cases worth the sum of $100 million. Bloomberg published at the time.

 

Talcum Baby Powder Ovarian Cancer Lawsuit – Talc Asbestos Reuters

Our lawyers handle baby powder lawsuits in every state. The talcum powder lawsuits in the case of Johnson & Johnson have been going on for a long time. Talc asbestos reuters. The lawsuits claim that the long-term use of talcum powder (or “talc”), the active ingredient found in products such as baby Powder or Shower to Shower and Shower to Shower, could cause ovarian cancer in certain women.

This page offers an J&J Talc Power Update and provides an overview of how the upcoming bankruptcy ruling will impact the final settlement amounts of the ovarian cancer lawsuits.

Did the deadline expire for you to bring a talcum lawsuit? Many who assume the deadline has passed to file a lawsuit against Johnson & Johnson are wrong. Contact us now at 800-553-8082 or get a free and quick review of your case online.

 

Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Talc Asbestos Reuters

June 2 2023 Update: In the trial for asbestos-containing talc that took place in California yesterday, a couple of technical issues interrupted the opening statement by the defense lawyers. Talc asbestos reuters. Jurors watching from home on Zoom but did not hear Johnson &Johnson’s lawyer express doubt about the 70s research affirming the presence of asbestos in their product before the opening was abruptly ended.

Meanwhile, the plaintiff could present its first expert witness Arthur Langer. Langer said that the presence of other minerals alongside talc is expected. He testified that his team advised J&J in the year 1971 of the presence of chrysotile asbestos in the company’s talc, albeit in less than 0.1 percent. He also found more asbestos in 1976.

June 1, 2023 Update: Talc asbestos reuters. This is the first court trial that has taken place since J&J took the decision to disband its talc division, and then declare bankrupt is an important point in the ongoing talc litigation drama. The trial began on Tuesday in the harrowing case of a young 24-year-old plaintiff who was diagnosed with an extremely rare and aggressive form of mesothelioma earlier this year. an illness that lawyers on both sides acknowledge is a harrowing tragedy.

The opening statements exposed the sharp differences in the two sides’ narrative. The attorney representing the plaintiff took aim towards Johnson & Johnson, alleging the use of deceptive strategies in its research practices as well as throughout the litigation procedure. In the words of attorney, the company tried to manipulate the definition of asbestos in spite of internal documents dating from 1998 and 1994 that show fibers discovered in the tissue of the plaintiff are included.

Johnson & Johnson’s precarious $8.9 billion settlement proposal hangs in the balance as we development of the trial. Despite the distinctive nature of this mesothelioma lawsuit and its distinct issues compared to other talcum powder lawsuits and a decision in favor of the plaintiff could inflict an unintended setback to Johnson & J’s hope of gaining broad acceptance for their settlement proposal among plaintiffs.

May 31, 2023 Update: Johnson and Johnson’s bankrupt talc division was able to defend the second Chapter 11 filing in the facing challenges from injured talc claimants. In an appeal to the New Jersey bankruptcy court, J&J’s subsidiary claimed that the situation differed fundamentally from the previous filing. The subsidiary emphasized the record-breaking commitment to $8.9 billion to J&J which is the largest ever settlement in a mass tort bankruptcy case. Talc asbestos reuters. It was not mentioned how the amount of the settlement indicates that it is a fair settlement. J&J also claimed that it received support from several plaintiffs’ legal companies representing over 60,000 claimants. This is difficult to verify however it is likely to be incorrect.

May 24, 2023 Update: Since Johnson & Johnson’s bankruptcy in 2021 filing, the first trial on its cosmetic talc products allegedly that contain asbestos is scheduled to start jury selection Monday in California with Alameda County Superior Court, a historically good jurisdiction for plaintiffs. Plaintiff claims that mesothelioma was triggered by asbestos exposure resulting from J&J’s products, an allegation that the company is denying. The trial also includes six retailers who are accused of selling talc-based products.

May 22, 2023 Update: Lawyers in the 2nd J&J Talc bankruptcy are currently battling over who should be chosen to fill the role of a the future claims representative, the role is crucially essential in resolving the talc claims. Talc asbestos reuters. Randi Ellis, a lawyer who regularly appears in MDLs all over the nation was appointed the claims representative during the first bankruptcy. J&J’s defense team would like Ellis to be appointed to this position in the future, however lawyers representing the talc plaintiffs are objecting to the claim that Ellis has an unrelated conflict of interest which should stop her from assuming that position for the second time. The issue stems from the reality that Ellis was believed to have been involved in drafting the hotly contested second bankruptcy, raising doubts about her capacity to be neutral. It’s true that this bankruptcy will likely to be dismissed regardless.

May 17, 2023 Update: The pretend company that J&J formed for the talc bankruptcy informed an New Jersey bankruptcy court that they have designated $400 million to settle claims brought by states accusing the company of deceptive advertising for its talc-based products. Talc asbestos reuters. This amounts to an $8.5 billion settlement for cancer victims. It’s difficult to imagine any scenario in which J&J can push the baby powder settlements in these figures. While J&J’s $8.5 billion offer may seem like a lot of money initially, it may not look great when you do the math. This settlement proposal – by our rough calculations would not pay victims much more than $100,000 per instance. That’s not enough.

May 15th, 2023, Update J&J could be facing suit from an advocacy group that represents cancer patients. Talc asbestos reuters. The group argues that J&J intentionally withdrew a $61.5 billion contract for funding together with its parent company, 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 is a fraud transfer of the right to compensation for victims. They intend to investigate J&J’s actions after the announcement of the dismissal of the first bankruptcy case of LTL.

May 10 2023 Update: Next week in this week the U.S. Bankruptcy Court in New Jersey will hear oral arguments on a motion to dismiss the second bankruptcy application that was filed by J&J subsidiary LTL Management. However, in the meantime, LTL Management has filed an Order that requires both parties to take part in a new settlement negotiation hoping that the global settlement can be come to fruition.

May 5 2023: Update on Talc provider Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to numerous lawsuits alleging that its Talc products cause cancer due to asbestos exposure. Talc asbestos reuters. More than 2700 people have filed lawsuits against the firm and it has been spending $1 million a month for legal defense. The company’s recent $29 million verdict at the Supreme Court of South Carolina forced it to seek bankruptcy protection, arguing for an equitable distribution of assets between talc claimants rather than being confiscated by the receiver. Other suppliers of talc have declared bankruptcy because of litigation.

May 4 2023 Update U.S. Bankruptcy Judge Michael Kaplan has directed Johnson & Johnson to resume talks on settlement with lawyers who rejected the company’s $8.9 billion deal. It was in Trenton, New Jersey yesterday the parties appeared before a judge to discuss next steps for this second case of bankruptcy and Judge Kaplan encouraged further settlement talks.

This is the best way to settle these claims with J&J. A settlement for baby powder can be made. Talc asbestos reuters. But it’ll need additional money – perhaps billions of dollars – coming from Johnson & Johnson.

Lawyers are divided on whether or not to accept the plan and not every client sees the issue the same way their lawyer does. Second bankruptcy cases are bound to go nowhere as Judge Kaplan has set a date for a hearing in June to determine whether to discharge the bankruptcy for the 2nd time.

May 3, 2023 Update: A group of cancer victims suing Johnson & Johnson (J&J) requested for J&J’s Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it is an attempt to halt the litigation surrounding talc-based products. The group of talc claimants made a motion Tuesday requesting for the Third Circuit to consider their case and to send it back an earlier court, with instructions for dismissing the bankruptcy. Talc asbestos reuters. They also asked that the halted tort litigation against J&J be allowed to continue.
LTL requested Chapter 11 protection once again after its first bankruptcy filing was denied by the Third Circuit earlier this year and offered an $8.9 billion agreement. The committee believes that the recent ruling allowing LTL’s 2nd Chapter 11 to continue, in addition to halting trials against J&J, warrants the immediate Third Circuit review. The US Trustee has also 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 intends to file a response to the appeals court characterizing the filing as an “desperate and legally flawed attempt” by a few of law firms who have different financial interests.
May 1st, 2023 Update: One frequently asked question is how plaintiffs and their lawyers be able to turn down $8.9 billion. Of course, that is quite a sum. But there are plenty of victims. Talc asbestos reuters. And these are really good claims for plaintiffs. We were reminded recently by two talc-related trials that resulted in big verdicts for plaintiffs. In February mesothelioma, a talcum-based powder trial in Oregon led to the verdict that was $18.1 million. In the same month, a different mesothelioma talc case was brought to hearing on the other side of South Carolina and resulted in the verdict of $29 million for the plaintiff. In both instances, the defendant was Whittaker, Clark & Daniels Inc. one of the top manufacturers of talc in U.S.
April 30 2023 Update: In the year 2023, when J&J initially tried to take the lawsuit over talcum powder into bankruptcy, they came with the option of putting aside $2 billion to settle the case. This was an absurdly low amount. The talc plaintiffs had not were in favor of the proposal. This time, J&J has increased the offer to $8.9 If the talc plaintiffs accept a bankruptcy settlement and they have the backing of a significant segment of the talc plaintiffs and their attorneys. Talc asbestos reuters. However, 75% of talc plaintiffs, which is required for bankruptcy plan approval, it a tough road because of the number of lawyers who have massive collections of baby powder lawsuits that are opposed towards the agreement.

What is the solution to this impasse? More billions.
April 25, 2023 Update Talc Cancer victims have asked a judge to dismiss their Chapter 11 case filed by LTL Management LLC, a absurdly fabricated Johnson & Johnson subsidiary, which claims that the business is not financially strained. LTL requested Chapter 11 to settle tens of thousands of claims that J&J’s baby powders cause cancer. Talc asbestos reuters. In the end, however, the 3rd Circuit dismissed its first Chapter 11 case in January in a ruling that said LTL was not a candidate for bankruptcy relief as it had not demonstrated financial stress.

The claimants contend that LTL’s 2nd Chapter 11 case is an abuse of the bankruptcy system and that it’s being pursued in bad faith. J&J asserts that the bankruptcy settlement is backed by “significant backing” from companies representing around 60,000 claimants. It is fair to say that lawyers representing plaintiffs and victims ‘ lawyers are divided on this $8.9 billion settlement offer.

April 21, 2023 Update: A bankruptcy judge decided in favor of Johnson & Johnson must face new lawsuits claiming that the company sold baby powder that was contaminated and causing cancer. Although trials for Talc lawsuits are suspended for at least 60 calendar days, new lawsuits can be filed, and lawyers can begin preparing their cases. Talc asbestos reuters. Judges expressed skepticism about J&J’s ridiculous effort to revive its strategy with a second bankruptcy case.

April 13th, 2023 update: the most important update is about the $8.9 billion over the course of 25 years settlement offer. Lawyers representing cancer patients in MDL class action MDL group action pledged to fight the settlement along with the talc claimants. Why? They think it is not enough for 70,000 victims who have cancer. Talc asbestos reuters. The lawyers say that J&J should negotiate a larger settlement or even litigate individual claims if the latest bankruptcy is thrown out.

But there is another lawyer group that isn’t part of the leadership of this class action. These lawyers have amassed many thousands of cases. This group wants to settle the case now in what many believe to be less than the victims deserve. Their argument is two-fold. They argue that the settlement – about 100,000 dollars per plaintiff – is fair.

This argument isn’t easy to present. The second argument is more substance: the victims will be no longer patient and demand their money now.

April 12 2023 Update: Many are wondering if J&J can go through bankruptcy once more. The answer is complicated and convoluted. Let’s try to clarify it simply.
Johnson & Johnson asserts that bankruptcy is the only option to settle both present and future talc-related lawsuits definitively. Also, it thinks it will pay less in the event of an element of bankruptcy that puts pressure to settle. Talc asbestos reuters. Driving past the 400-year span of American past, the company believes that bankruptcy is beneficial to all parties because it distributes settlements more fairly and more efficiently than trial courts in which some litigants receive substantial awards while others receive nothing.

The gist of the 3rd Circuit decision was this is not a case of the profit-making company that has an affiliate to accept the legal burden and declare bankruptcy, which is what Congress considered when it was drafting the Bankruptcy Code. It also clarified that the entity was in financial crisis due to the fact that J&J promises unlimited funding.
Then J&J took advantage of the funding unlimited part of the agreement and didn’t make any promises that it would provide unlimited funds for lawsuits. J&J claims that its modified financing arrangements with its subsidiary address the concerns of the appeals court while providing funds for claims. As if offering victims less money would solve the underlying issue.

Lawyers representing cancer victims who do not agree with the agreement counter the agreement with what is the legal argument. Talc asbestos reuters. They counter with legal nonsense: 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 transaction that has occurred in United States history.”

In spite of the legal jargon, J&J does not really believe that this bankruptcy will last. It is however a method to try and push the $8.9 billion settlement to keep pressure on plaintiffs.

April 10, 2023, Update Bloomberg offers an informative piece on a law that has been passed that has been passed in New Jersey that is shedding new light on litigation funding in the Class action suit. Funders for litigation Virage Capital Management and TRGP Capital invested in hundreds of claims in the case of Johnson & Johnson (J&J) regarding talc products, in exchange in exchange for a portion of wins. J&J is now willing an offer of $8.9 billion to settle any lawsuits.

The involvement of funders is public information due to the New Jersey court rule requiring the disclosure of certain information regarding outside funding backers. The rules aim to tackle the growing demands for regulation of litigation funders. J&J faces over 60,000 claims when you combine state and federal baby powder lawsuits. Third-party funding for mass tort lawsuits has both pros and cons. However, there is no doubt that we are witnessing how third-party financing can help level the playing field between people as well as large corporations in the courtroom.

April 4 2023 Update: It’s enjoyable to see the worm turn in this lawsuit. J&J was hit again this week when it was found that the Third Circuit denied J&J’s request to extend the automatic stay in the meantime that J&J appeals an order granting bankruptcy at the U.S. Supreme Court. Automatic stays have stopped the cases of talcum powder in a number of years and prevented new lawsuits from arising ever since J&J started the controversial process to spin the talc liability into a bankrupt subsidiary over one year ago. Talc asbestos reuters. When the 3rd Circuit ruled that this bankruptcy was insufficient just a few months ago the stay was lifted. J&J had hoped to have it stayed in place until hearing the SCOTUS appeal. But 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 odds that is that the Supreme Court is willing even to take up the appeal? Low.
March 16, 2023 Update: with the bankruptcy stay now officially lifted, the very first new cases were filed and incorporated into the class action involving talcum powder MDL in over one year. Seven new talc-related lawsuits were added to the MDL in the past month and brought the total number of cases pending to 37,522.

February 25 2023 Update 2023 Update: A Congressmen from Tennessee is now demanding that The U.S. Government Accountability Office (GAO) start an investigation into the cost J&J products containing talc have cost the government over the many years.
Recently, in an open letter addressed to the GAO, Rep. Steven Cohen (D-Ten.) in a recent letter to the GAO, Rep. Steven Cohen (D-Ten. J&J of ignoring the risks of its talc product for decades while tax dollars were used to treat those who were injured through exposure to the products. The suit comes just a few days after J&J’s significant loss in the 3rd Circuit Court of Appeals.

Talc asbestos reuters. J&J needs to start making reasonable settlements to victims, in order to put all of this behind. This is a disgrace to one of the most prestigious firms.

February 14 2023 Update: During the hearing held today in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention in light of the third U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.

 

You May be Entitled to Significant Compensation Talc asbestos reuters. 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!

 

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