You May be Entitled to Significant Compensation Talc is bad. 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. Talc Is Bad .

Johnson & Johnson (JNJ.N) has set aside $400 million to address U.S. state consumer protection actions as part of a wider $8.9 billion effort to settle allegations that it’s Baby Powder and other talc ingredients cause cancer. Talc is bad.

J&J affiliate LTL Management filed a bankruptcy plan in New Jersey late on Monday that details how the company plans to pay different kinds of cancer victims as part of the bankruptcy settlement. Talc is bad. J&J has declared that its Talc products are safe and do not cause cancer. It is attempting for a second time to resolve more than 38,000 lawsuits filed in bankruptcy, and to prevent any new cases from being filed in the near future.
The bankruptcy plan of LTL would pay $400 million into a separate trust for claims made from state attorney generals claiming 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 misleading consumers about the quality of its talc products.

Many states had initiated consumer protection cases against J&J before LTL’s first bankruptcy filing stopped those investigations from progressing in 2021. Talc is bad. New Mexico and Mississippi had already initiated suit against Johnson & Johnson before then, and the states of Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative subpoenas or demands according to court documents.

New Mexico and Mississippi have filed a petition to end LTL’s bankruptcy in a joint move with cancer victims as well as The U.S. Justice Department’s bankruptcy watchdog, who argue that a profit-making business like J&J is not eligible for bankruptcy protections aimed at the struggling debtors.
The first time LTL attempted to settle the lawsuits in bankruptcy was dismissed following similar arguments. The U.S. appellate court decided that LTL wasn’t in “financial financial distress” and ineligible under bankruptcy law. Talc is bad. LTL filed a second bankruptcy just over two hours after the decision to dismiss, arguing that its second attempt was different as it had less money available and had more support for a settlement.

New Mexico and Mississippi said in their motion for dismissal that LTL’s latest bankruptcy violation of state law enforcement powers by seeking to unilaterally limit the liability of the company for state consumer protection measures.

Talc Is Bad

The filings of LTL’s latest bankruptcy proceedings also include more details on how the company would evaluate and pay claims for cancer when the bankruptcy plan is approved.

The highest payments under the settlement would be $500,000 for those diagnosed with mesothelioma terminal prior to age 45 and $260,000 for people diagnosed with terminal ovarian cancer prior to age 45.

The proposed settlement will offer discounts based on the severity and type of cancer, the individual’s years of age, their history of using talc and other factors. Talc is bad. For example the case of a woman who used the talc product on a regular basis, had a family history of ovarian cancer, and was diagnosed with Stage II cancer of the ovary by age 55 may qualify for a $21,125 payment under the plan.

Judge gives order to J&J and talc opponents engage in settlement talks.

Following another round of hearings in Johnson & Johnson’s effort to use a Texas Two-Step bankruptcy strategy to resolve talc litigation and federal bankruptcy judge Michael Kaplan has ordered the firm and the people who opposed the plan to enter into talks to reach a settlement, Bloomberg reports.

With its second bankruptcy attempt for LTL Management, a subsidiary set up by J&J to settle claims – the company made a settlement offer of $8.9 billion. Talc is bad. While a firm representing plaintiffs is in favor of the proposal, another group is against the settlement.

Earlier this week, the opposition group, which is known as”the Official Committee of Talc Claimants requested the bankruptcy court for dismissal of the matter saying that LTL cannot be regarded as in financial hardship.

“The filing is an incredibly legal and ineffective attempt by a tiny number of law firms to try to block claimants from voting on the resolution plan–a plan that the overwhelming majority of claimants are in favor of,” J&J’s litigation chief Erik Haas, said in an announcement. Talc is bad. “The law firms that are behind their filing are financially oriented and have conflicts that are in conflict with, diverge from and oppose the interests they represent. We will be submitting an appeal an appeal to the appellate court.”

Talc is bad. Clay Thompson, a lawyer for MRHFM which includes more than mesothelioma clients who have sued J&J claimed that J&J’s second bankruptcy effort will fail.

“J&J issue press releases that boast about how amazing its plan is while simultaneously demanding that plan details–including what the individual sick individuals would receive,” Thompson said in an email. “What do they have to cover up?”

Talcum Powder Bottle

Kaplan has instructed the sides to develop a new reorganization plan, under the supervision by two mediators.

On February 20, 2022 Kaplan confirmed J&J’s recourse to Chapter 11 to hasten a settlement that will free the company from the hundreds of thousands of claims related to its talcum-based products.

In January of this year an appeals court of the federal government overturned the ruling, ruling that the business could not be considered in “financial financial distress.”

After J&J’s appeal to the U.S. Supreme Court was turned down on April 1, J&J applied for its first bankruptcy 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 engine sputters after $6.9B the talc litigation cost.

In the 2 Chapter 11 attempts, J&J has been able to buy 19 months in which cases were placed suspended. Talc is bad. The company wants claimants to decide whether they want to accept the settlement. J&J needs 75% acceptance for the settlement to be approved.

Alongside the group of talc lawyers that criticized the company’s bankruptcy play in the U.S. Trustee, the U.S. Trustee, a branch belonging to the U.S. Department of Justice is also submitting an appeal to dismiss LTL’s second bankruptcy case.

In a recent filing, U.S. trustee Andrew R. Vara wrote that the the bankruptcy court remain “open to honest, but naive debtors.” Those doors “are not open to parties that do not have a legitimate objective or 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 popular baby powder cause cancer. J&J has adopted the products of the market first for North America in 2020–and the rest of the world this year.

J&J wants to avoid the expense of going to trial. J&J has won most of the cases that have been resolved through trial, though certain losses have been extremely severe.
A high-profile trial in Missouri ended in an $4.7 billion verdict against the drug maker, 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 trial involving talc that are on appeal or have been concluded. Out of 41 trials, 32 have resulted in winning for J&J as well as mistrials or plaintiff verdict that was reversed upon appeal. Talc is bad. The company also in 2020 moved to settle around 1,000 cases worth the sum of $100 million. Bloomberg reported at the time.

Talcum Baby Powder Ovarian Cancer Lawsuit – Talc Is Bad

Our lawyers handle baby powder cases in every state. The lawsuits involving talcum powder against Johnson & Johnson have been going on for a long time. Talc is bad. The lawsuits assert that long-term use of talcum powder (or “talc”), the active ingredient in products such as Baby Powder or Shower to Shower which can cause ovarian cancer in certain women.

This article provides an J&J Talc Power Update and explains how the forthcoming bankruptcy ruling impacts the ultimate settlement amount in these ovarian cancer lawsuits.

Have you reached the deadline by which you to start a lawsuit against talcum powder? Many who assume the statute of limitations has run out to sue Johnson & Johnson are wrong. Contact us now at 800-553-8082 or get a no-cost, quick case review online.

Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Talc Is Bad

June 2 2023 Update: In the asbestos talc trial which took place in California yesterday, a few technical issues disrupted the opening speech of defense attorneys. Talc is bad. Jurors at home via Zoom, did hear Johnson & Johnson’s lawyer expressing doubts about the 70s research asserting the presence of asbestos in their product before the trial was abruptly closed.

The plaintiff was able to introduce the first of their witnesses, Arthur Langer. Langer explained that the occurrence of other minerals alongside talc is expected. He said that his team advised J&J in the year 1971 about the presence of asbestos chrysotile in the company’s talc, albeit with lower than 0.1 percent. The asbestos was discovered by him in 1976.

June 1, 2023 Update: Talc is bad. The first trial since J&J decided to spin off its talc section and declaring bankruptcy is an important moment for the ongoing lawsuit saga. Trial began yesterday in the harrowing trial of a young plaintiff who was diagnosed with a rare and aggressive type of mesothelioma earlier this year. which both sides acknowledge is a tragedy of a different kind.

Opening statements revealed the sharp differences in the two sides’ narrative. The plaintiff’s attorney took aim on Johnson & Johnson, alleging the use of deceitful techniques in its research practices and throughout the litigation process. In the words of attorney Johnson & Johnson attempted to alter asbestos’ definition, in spite of internal documents from 1998 and 1994 that show fibers discovered 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 particularity of this mesothelioma case and its distinct issues compared to the majority of talcum powder lawsuits and a decision in favor of the plaintiff could inflict an enormous setback for J&J’s expectations of widespread acceptance of their proposed settlement among plaintiffs.

May 31st 2023 Update: Johnson and Johnson’s bankrupt talc division vigorously defended their two-time Chapter 11 filing in the face of challenges from the talc injury plaintiffs. In a written objection to the New Jersey bankruptcy court, the subsidiary argued that the situation was vastly different from the prior filing. It highlighted the extraordinary commitment to $8.9 billion in settlement from J&J the largest ever settlement in a mass tort bankruptcy case. Talc is bad. The issue is not discussed: whether this amount implies that it is a fair settlement. J&J also claimed support from numerous plaintiffs’ law firms that represent over 600,00 claimants. This is not easy to confirm however it is likely to be incorrect.

May 24 2023 Update: As of Johnson and Johnson’s bankruptcy filing in 2021 filing, the very first trial regarding the cosmetic talc products it claims to that contain asbestos is scheduled to commence jury selection on Monday, May 24, California with Alameda County Superior Court, a historically good jurisdiction for plaintiffs. Plaintiff claims that mesothelioma is the result of asbestos exposure resulting from J&J’s products, an allegation J&J denies. The trial also includes six retailers accused of selling talc-containing products.

May 22nd, 2023 Update: Lawyers involved in the second J&J talc bankruptcy are now fighting over who should be appointed to the post of future claims representative. This is an important role important to resolving the talc claims. Talc is bad. Randi Ellis, a lawyer who regularly appears in MDLs throughout the United States was appointed the claims representative in the previous bankruptcy. J&J’s defense team would like Ellis to be named to the position in the future, however lawyers representing the talc plaintiffs have raised objections on the grounds that Ellis has conflicts of interest that should prevent her from holding that position in the future. The issue stems from the fact that Ellis was apparently involved in drafting the controversially contested second bankruptcy, which raises questions about her capacity to be neutral. In reality, this bankruptcy is likely to be tossed out anyway.

May 17, 2023 Update: The pretend company J&J created to settle the talc litigation bankruptcy told an New Jersey bankruptcy court that they have allocated $400 million to settle the claims brought by states accusing the company of deceitful advertising for its talc products. Talc is bad. That’s an $8.5 billion settlement to cancer victims. It’s difficult to envision an eventuality where J&J can get the settlements of baby powder through with these numbers. Although J&J’s $8.5 billion offer may seem like a lot at first, it does not appear appealing when you do the math. This settlement offer based on our rough calculations, would not be able to pay victims more than an average settlement $100,000 per case. That’s not enough.

May 15th 2023 Update J&J may be in the middle of a suit from an advocacy group that represents cancer victims. Talc is bad. The group argues that J&J deliberately withdrew the $61.5 billion funding agreement with its subsidiary, LTL Management LLC, to simulate financial stress and to validate the company’s Chapter 11 bankruptcy filing. The group claims that this move could be interpreted as a fraudulent transfer of rights of victims’ compensation. They will investigate J&J’s actions after the announcement of the dismissal of LTL’s first bankruptcy suit.

May 10, 2023 Update: Next week, this week the U.S. Bankruptcy Court in New Jersey will hear oral arguments in a motion dismiss the second bankruptcy filing of J&J company LTL Management. However, in the meantime, this bankruptcy court has issued an Order which requires both sides to participate in a settlement mediation hoping that a global settlement deal can brokered.

May 5, 2023 Update: Talc producer Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to numerous lawsuits alleging that its Talc products cause cancer due to asbestos exposure. Talc is bad. Over 2700 people have sued the company and the company was paying $1 million per month for legal defense. The company’s most recent $29 million verdict in South Carolina forced it to pursue bankruptcy protection, and arguing for a fair distribution of assets between the claimants of talc instead of being taken through the receiver. Other talc suppliers have also filed for bankruptcy due to the litigation.

May 4, 2023 Update U.S. Bankruptcy Judge Michael Kaplan has directed Johnson & Johnson to restart settlement discussions with lawyers who rebuffed Johnson & Johnson’s $8.9 billion agreement. It was in Trenton, New Jersey yesterday, the parties appeared before a judge to discuss next steps in another bankruptcy proceeding. Judge Kaplan has pushed for further settlement talks.

This is the way to resolve the claims of J&J. The baby powder settlement is likely to be made. Talc is bad. However, it will require additional money – perhaps billions of dollars from Johnson & Johnson.

Lawyers are divided on whether to accept the proposal and not all clients view the issue in the same manner their lawyer does. This second case of bankruptcy is likely to go nowhere the judge Kaplan has scheduled a hearing for June to decide if he will dismiss the bankruptcy for the second time.

May 3, 2023 Update A group of cancer patients who have sued Johnson & Johnson (J&J) asked that they request that the Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it is a bid to stop the litigation involving talc products. The group representing the claimants filed a motion on Tuesday, asking that the Third Circuit to consider their appeal and return the case the lower court with instructions to dismiss the bankruptcy. Talc is bad. They also requested that the stopped tort litigation against J&J continue to continue.
LTL filed for Chapter 11 protection once again following the bankruptcy filing it made earlier was denied in the Third Circuit earlier this year with a $8.9 billion payment. The committee argues that the recent ruling allowing LTL’s second Chapter 11 to continue, in addition to halting trials against J&J should be subject to immediate Third Circuit review. The US Trustee also asked that an New Jersey bankruptcy court dismiss the LTL bankruptcy case. J&J’s global vice-president of litigation Erik Haas, was quoted by Bloomberg as saying that J&J plans to file a statement in the appeals court characterizing the filing as an “desperate and legally deficient plan” by a select group of law firms that have conflicts of financial interests.
May 1 2023 Update: One question people keep asking is how plaintiffs and their lawyers be able to turn on $8.9 billion. Of course, that’s an enormous amount of money. But there are plenty of victims. Talc is bad. And these are really good cases for plaintiffs. We have been reminded of this recently in two talc trials which ended in large verdicts for plaintiffs. In February the mesothelioma case involving talcum powder trial in Oregon led to the verdict in the amount of $18.1 million. A month later, another mesothelioma talc case was brought to hearing at South Carolina and resulted in a verdict of $29million for the plaintiff. The defendant in both cases was Whittaker, Clark & Daniels Inc., one of the most prominent suppliers of talc in the U.S.
April 30, 2023 Update: When J&J first tried to bring the talcum powder lawsuit into bankruptcy, it came with an offer to reserve $2 billion to settle the case. The sum was ridiculously low. The talc plaintiffs had not agreed with the offer. This time, however, J&J has increased the offer to $8.9 If the talc plaintiffs agree to a bankruptcy settlement and they also have the support of a large section of the talc victims and their attorneys. Talc is bad. But with 75% of talc plaintiffs, which is required to approve bankruptcy plans is not an easy task due to the sheer number of lawyers with massive collections of baby powder-related lawsuits, opposed towards the agreement.

What can be done to end the impasse? More billions.
April 25, 2023 update: Talc patients have requested a judge to reject the Chapter 11 case filed by LTL Management LLC, a absurdly made-up Johnson & Johnson subsidiary, insisting that the company is not financially distressed. LTL has filed for Chapter 11 to settle tens of thousands of claims that J&J’s baby-powders caused cancer. Talc is bad. LTL was denied Chapter 11 in January. 3rd Circuit dismissed its first Chapter 11 case in January, saying the company wasn’t eligible for bankruptcy relief because it had not demonstrated financial trouble.

The claimants assert that LTL’s Second Chapter 11 case is an overreach of the bankruptcy system and that it’s being conducted in bad faith. J&J claims the bankruptcy settlement has “significant backing” from firms representing about 60,000 potential people who are claiming. It’s safe to say that plaintiffs’ lawyers and the victims are split over the $8.9 billion settlement offer.

April 21st, 2023 Update: A bankruptcy judge has ruled the company Johnson & Johnson must face new lawsuits alleging that it offered a baby powder with a contaminant that caused cancer. While trials in the lawsuits involving talc are delayed for a minimum period of 60 days and new lawsuits are able to be filed, and lawyers may begin to prepare their cases. Talc is bad. The judge expressed skepticism over J&J’s attempt to revive its strategy with the second bankruptcy case.

April 13, 2023 Update: most important update is about the $8.9 billion over the next 25 years settlement offer. Lawyers representing cancer patients in the MDL Class Action have pledged to fight the settlement with those who claim talc. Why? They feel it’s not enough money for 70 000 cancer patients. Talc is bad. These lawyers believe that J&J should negotiate a bigger settlement or litigate individual claims in the event that the latest bankruptcy is declared unconstitutional.

However, there is a second set of lawyers who are not part of the leadership in this class action. They have amassed the equivalent of tens of thousands of lawsuits. The group is seeking to settle now with what they believe is lower than what the victims should be paid. Their argument is two-fold. First, they argue the settlement of around 100,000 dollars per plaintiff – is fair.

It’s a difficult argument to prove. But their second argument has more substance: the victims will be no longer patient and demand their money today.

April 12 2023 Update: Some people are seeking out how J&J can go through bankruptcy once more. The answer is complicated and complex. But let’s try to explain the issue in a simple way.
Johnson & Johnson asserts that bankruptcy is the only option to resolve both current and future talc litigations in a definitive manner. It believes it can pay less should there be a bankruptcy element that creates pressure to settle. Talc is bad. Moving past hundreds of years of American history, the company asserts that bankruptcy benefits everyone by dispersing settlements more fairly and more efficiently than trial courts where litigants are awarded significant award while others do not.

The essence of the 3rd Circuit decision was this isn’t a case that involves the profit-making company that has subsidiaries to meet the legal liability and declare bankruptcy – Congress contemplated when drafting the Bankruptcy Code. But it also said the company was financially crisis because J&J promised unlimited funding.
So J&J decided to go with the funding unlimited part of the agreement and didn’t promise to offer unlimited funding for cases. The company claims that its modified financing arrangements with its subsidiary will address appeals court’s concerns, while supplying funds for claim payments. As if offering victims lower amounts of money would resolve the underlying issue.

Attorneys representing cancer patients who are against the agreement argue the agreement with what is countering legal nonsense legal nonsense: J&J fraudulently transferred $50 billion in assets away from LTL Management to circumvent the appeals court’s earlier decision. The hyperbole wasn’t spared attorneys representing the victims claim this the biggest “fraudulent transaction in United States history.”

Despite the legal jargon, J&J does not really think this bankruptcy will survive. However, it’s a means to push for this $8.9 billion settlement to keep the pressure on plaintiffs.

April 10 2023 Update: Bloomberg has an interesting article on a new law of New Jersey that is shedding new light on litigation funding in the plaintiffs in the class action. Funders of litigation Virage Capital Management and TRGP Capital invested in hundreds of claims against Johnson & Johnson (J&J) over talc products in exchange for a share of any wins. J&J has now offered an offer of $8.9 billion to settle lawsuits.

The involvement of funders is made public because of an New Jersey court rule requiring the release of certain details regarding outside funding backers. This rule is intended to address the growing calls for regulation of the litigation funders. J&J has to deal with more than 60,000 lawsuits when you include state and federal baby powder lawsuits. Third-party funding in mass tort claims has both pros and cons. But there is no question that we are seeing how third-party funding could level the playing field between individual and big companies in court.

April 4, 2023 Update: It’s interesting to watch the worm turn in this legal battle. J&J has taken another blow this week, when they were denied by the Third Circuit denied J&J’s request to extend the automatic stay in the meantime that J&J appeals an appeal before the U.S. Supreme Court. It has froze hundreds of cases involving talcum powder and stopped any the filing of new lawsuits ever since J&J began the controversial plan to spin the talc liabilities off into a bankrupt subsidiary over a year back. Talc is bad. When the 3rd Circuit ruled that this bankruptcy was not valid some 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 1st, 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 16th 2023 Update: with the bankruptcy stay now fully lifted, the first new cases have been filed and transferred into the talcum powder class action MDL in the space of a year. Seven new talc-related lawsuits were joined to the MDL in the last month, bringing the total number of cases in the pending process up to 37,522.

February 25, 2023 Update The following information is available: A Congressmen from Tennessee is now demanding that the U.S. Government Accountability Office (GAO) launch an investigation to determine how much J&J Talc products have cost the government in the decades.
Recently, in an open letter to the GAO, Rep. Steven Cohen (D-Ten.) claimed that J&J of ignoring the dangers of its talc products over years while tax dollars were used to treat those who were injured through exposure to the products. The lawsuit comes just a few weeks after J&J’s significant loss in the 3rd Circuit Court of Appeals.

Talc is bad. J&J should begin to make reasonable settlements to victims, in order getting this behind it. This is a blemish on one of the top companies.

February 14 2023 Update: In an earlier hearing at the hearing in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention following the 3rd U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.