Talc Lawsuit Update – Are You Eligible To File A Talc Lawsuit?

You May be Entitled to Significant Compensation Talc lawsuit update. 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 400 million dollars to US state AGs. Talc Lawsuit Update .

Johnson & Johnson (JNJ.N) has put aside $400 million to resolve U.S. state consumer protection actions as part of a broader $8.9 billion plan to settle allegations that its Baby Powder and other talc-based product causes cancer. Talc lawsuit update.

J&J company subsidiary LTL Management filed a bankruptcy plan in New Jersey late on Monday which outlines how the company intends to pay different types of cancer patients in an arrangement for bankruptcy. Talc lawsuit update. J&J has stated that its products containing talc are safe and do not cause cancer. The company is trying for a second time to resolve more than 38,000 lawsuits filed in bankruptcy and prevent new cases from coming forward in the future.
The bankruptcy plan of LTL would pay $400 million into a separate trust for lawsuits filed by state attorneys general claiming that J&J had violated the state’s unfair commercial practices and consumer protection laws by misinforming consumers about the safety of its talc products.

A number of states had already initiated consumer protection actions against J&J prior to the time that LTL’s bankruptcy filing stopped those investigations from proceeding in 2021. Talc lawsuit update. New Mexico and Mississippi had already launched suit against Johnson & Johnson before then, and the states of Arizona, Maryland, North Carolina, Texas and Washington had issued subpoenas or civil investigative demands according to court papers.

 

 

New Mexico and Mississippi have filed a petition to end LTL’s bankruptcy, joining cancer victims and the U.S. Justice Department’s watchdog on bankruptcy, who argue that a profit-making firm like J&J can’t benefit from bankruptcy protections intended for people with debt problems.
The first attempt by LTL to resolve the bankruptcy lawsuits was thrown out after similar arguments. A U.S. appellate court ruled that LTL did not have “financial distress” and thus not eligible for bankruptcy protection. Talc lawsuit update. LTL filed a second bankruptcy within two hours of that dismissal, arguing that the second bankruptcy was different due to the fact that there was less money available and more backing for an agreement.

New Mexico and Mississippi said in their motion to dismiss LTL’s latest bankruptcy violation of state law enforcement powers by trying to unilaterally cap the liability of the company for state consumer protection laws.

 

Talc Lawsuit Update

LTL’s new filings also included more details on the way in which the company will evaluate and pay cancer claims should the bankruptcy plan be approved.

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

The proposed settlement will offer discounts based on the nature and severity of cancer, the patient’s age, the history of usage of talc and other variables. Talc lawsuit update. For instance someone who regularly used daily talc products, had an ovarian cancer family history, cancer and was diagnosed with Stage II cancer of the ovary at the age of 55 may be eligible for a $21,125 payout under the plan.

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

Following another round of hearings in Johnson & Johnson’s effort to implement 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 strategy to engage in talks to reach a settlement, Bloomberg reports.

The second time it attempted to file for bankruptcy for LTL Management, a subsidiary created by J&J to manage the claims company made a settlement offer of $8.9 billion. Talc lawsuit update. While one group of law firms representing plaintiffs support the deal, another group opposes the deal.

Earlier this week, the opposition group, called”the Official Committee of Talc Claimants requested the bankruptcy court to disqualify the petition arguing that LTL can not be considered in financial hardship.

“The filing is an incredibly legal and ineffective attempt by a few of law firms to try to stop claimants from deciding on the resolution plan–a plan the vast majority of claimants approve of,” J&J’s litigation chief Erik Haas, said in a statement. Talc lawsuit update. “The law firms that are behind their filing are financially oriented and have conflicts that clash with, diverge from, and infringe on the rights of their clients. We’ll be submitting an appeal before the court of appeals.”

Talc lawsuit update. Clay Thompson, a lawyer for MRHFM that includes more than mesothelioma patients who have sued J&J for bankruptcy, told the company’s second bankruptcy try will fail.

“J&J publishes press release describing how fantastic its plan is, while insisting that the details of its plan–including the treatment the individual sick individuals would receive — be kept private,” Thompson said in a statement. “What is J&J’s plan to cover up?”

 

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Kaplan has commanded the parties to come up with another reorganization plan, under supervision of two mediators.

The court in February of 2022 Kaplan affirmed the ability of J&J’s use of Chapter 11 to hasten a settlement that will free the company from the hundreds of thousands of claims regarding its talcum products.

In the month of January, a federal appeals court ruled against the ruling, ruling that the business could not be considered to be in “financial difficulty.”

After J&J’s challenge the U.S. Supreme Court was denied in April, J&J declared bankruptcy just two hours after. In response, Kaplan froze the lawsuits for 60 calendar days to decide whether to allow the second bankruptcy.

J&J’s unstoppable profit engine goes out of control after $6.9B settlement charge for talc.

With the Two Chapter 11 attempts, J&J has been able to buy 19 months in which cases were put on hold. Talc lawsuit update. The company would like claimants to take a vote to accept their settlement. J&J will require 75% acceptance for the deal to pass.

In addition to the group of talc lawyers that criticized the company’s bankruptcy play in the U.S. Trustee, the U.S. Trustee, a branch that is part 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 bankruptcy courts are “open to honest, but naive debtors.” The doors “are not open to any parties that do not have a legitimate purpose or that seek to use the bankruptcy process to delay or hinder their creditors.” Vara continued.

On the other hand, J&J maintains there is no conclusive evidence that its products containing talc, such as its famous baby powder, can cause cancer. J&J has taken its products off of the market first for North America in 2020–and the rest of the world next year.

J&J seeks to avoid the costly business of going to trial. J&J has won the majority of the cases that have been decided in court, however certain losses have been harsh.
A highly-publicized trial in Missouri produced a $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
In all, J&J has lost nine trial cases in talc which are on appeal or have been decided. Of the 41 trials, 32 ended with winning for J&J as well as mistrials or plaintiff verdict that was overturned in appeal. Talc lawsuit update. Separately, the company in 2020 negotiated to settle nearly 1000 cases at a cost of $100 million, Bloomberg announced at that time.

 

Talcum Baby Powder Ovarian Cancer Lawsuit – Talc Lawsuit Update

Our lawyers are handling baby powder lawsuits in every state. The lawsuits involving talcum powder for Johnson & Johnson have been ongoing for many years. Talc lawsuit update. The lawsuits assert that long-term use of talcum powder (or “talc”), the active ingredient in products like Shower to Shower Powder as well as Shower to Shower which can cause cancer of the ovary in certain women.

This article provides a J&J Talc Power litigation update and discusses how the upcoming bankruptcy ruling will affect the final settlement amounts of these cases of ovarian cancer.

Have you reached the deadline by which you to make a claim for talcum powder? Many who believe the deadline has passed to file a lawsuit against Johnson & Johnson are wrong. Contact us now at 800-553-8082 or request a free and quick review of your case online.

 

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

June 2 2023 Update: In an asbestos talc court trial held that took place in California yesterday, a few technical glitches interrupted the opening statements made by defense lawyers. Talc lawsuit update. Jurors who were watching at home via Zoom but did not hear Johnson & Johnson’s lawyer expressing doubt about the 70s research that claimed asbestos was present in their product before the proceedings abruptly ended.

In the meantime, the plaintiff could introduce the first of their witnesses, Arthur Langer. Langer explained that the occurrence of other minerals in the talc mineral is a given. He said that his team was notified by J&J in the year 1971 about the presence of chrysotile asbestos in the company’s talc, albeit at lesser than 0.1 percent. The asbestos was discovered by him in the year 1976.

June 1st, 2023 Update Talc lawsuit update. A trial for the first time since J&J has decided to separate its Talc division and declare bankruptcy is a pivotal moment within the ongoing lawsuit controversy. The trial began on Tuesday in the tragic case of a young, 24-year-old plaintiff who was diagnosed with an extremely rare and aggressive form of mesothelioma earlier this year. a diagnosis lawyers on both sides believe is a tragedy of a different kind.

Opening statements revealed sharp differences in the two sides’ story. The attorney for the plaintiff took aim at Johnson & Johnson, alleging the use of misleading methods in their research practices as well as throughout the litigation procedure. According to the attorney the company tried to manipulate asbestos’ definition, despite internal documents dating back to 1998 and 1994 that show fibers discovered in the tissue of the plaintiffs are included.

Johnson &J’s highly uncertain $8.9 billion settlement offer hangs in the balance with the progress of this trial. Despite the distinct nature of this mesothelioma lawsuit and its distinctive issues in comparison to most 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 the settlement they have proposed among plaintiffs.

May 31 2023 Update: Johnson & Johnson’s bankrupt talc unit is defending their second Chapter 11 filing in the facing challenges from the talc injury plaintiffs. In an opposition filed with the New Jersey bankruptcy court, the subsidiary argued that the situation differed fundamentally from the first filing. It also emphasized the unprecedented commitment to $8.9 billion to J&J, the largest settlement ever made in any bankruptcy case that involves mass tort. Talc lawsuit update. There was no mention of how the magnitude of the settlement implies that it is a fair settlement. J&J also claimed support from a variety of plaintiffs’ law firms that represent over 600,00 claimants. This is not easy to confirm but likely incorrect.

May 24 2023 Update: As of Johnson & Johnson’s bankruptcy in 2021 filing, the first trial involving its cosmetic talc products that are believed to that contain asbestos is scheduled to commence jury selection on Monday in California within the Alameda County Superior Court, the most favored location for plaintiffs. Plaintiff claims that mesothelioma resulted from asbestos exposure from J&J’s products and that the company is denying. The trial also includes six retailers accused of selling talc-containing products.

May 22nd, 2023 Update Lawyers in the 2nd J&J Talc bankruptcy are currently disputing who should be appointed to the role of a future claims representative. This is which is vitally important to resolving the talc claims. Talc lawsuit update. Randi Ellis, a lawyer who frequently appears in MDLs throughout the United States, was appointed as the claims representative in the first bankruptcy. J&J’s defense attorneys want Ellis to be appointed in that position yet again, but the lawyers for the talc plaintiffs are protesting on the grounds that Ellis has an interest conflict which should stop her from being appointed to that post for the second time. The dispute stems from reality that Ellis was apparently involved in drafting the hotly litigated second bankruptcy, which raises concerns about her ability to be neutral. The reality is this bankruptcy could be dismissed regardless.

May 17, 2023 Update The pretend company J&J formed to settle the talc litigation bankruptcy disclosed to a New Jersey bankruptcy court that they have designated $400 million to settle allegations made by states who accuse the company of deceptive advertising for its talc-based products. Talc lawsuit update. That’s an $8.5 billion settlement for cancer patients. It’s hard to imagine an eventuality where J&J will be able to push these settlements for babies at these numbers. While J&J’s proposed $8.5 billion offer sounds like a large sum initially, it may not look very appealing when you consider the math. The proposed settlement based on our rough calculations, would not provide victims with much more than an average settlement $100,000 per instance. That is not enough.

May 15 2023 Update J&J is potentially facing a suit from an advocacy group representing cancer patients. Talc lawsuit update. The group claims J&J deliberately retracted the $61.5 billion financing agreement 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 asserts this action could be interpreted as a fraudulent transfer of the victims’ compensation rights. They will investigate J&J’s actions as a result of the denial of LTL’s first bankruptcy case.

May 10 2023 Update: The following week, this week the U.S. Bankruptcy Court in New Jersey will hear oral arguments in a motion dismiss the second bankruptcy filing from J&J subsidiaries LTL Management. In the meantime the bankruptcy has issued an Order which requires both sides to take part in a new settlement mediation hoping that a global settlement deal can reached.

May 5 2023 Update: The talc producer Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to several lawsuits alleging that its talc products cause cancer due to asbestos exposure. Talc lawsuit update. Over 2,700 individuals have sued the company, and it was spending $1 million a month to defend its legal position. The company’s recent $29 million verdict in South Carolina forced it to pursue bankruptcy protection, and arguing for equitable distribution of assets to talc claimants, rather than being taken through the receiver. Other talc suppliers have also declared bankruptcy because of the litigation.

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

This is the way to settle these claims for J&J. A baby powder settlement could be achieved. Talc lawsuit update. But it will require more money – billions of dollars coming from Johnson & Johnson.

Lawyers are split on whether to take the proposal or not and not all clients view the issue the same way their lawyer views it. A second bankruptcy proceeding is likely to fail, as Judge Kaplan has scheduled a hearing in June to determine if she will remove the bankruptcy after the second.

May 3 2023 Update The group of cancer victims suing Johnson & Johnson (J&J) demanded for the Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it is an attempt to halt litigation regarding talc-related products. The group representing the claimants made a motion Tuesday asking for the Third Circuit to consider their appeal and return the case to a lower court with instructions to dismiss the bankruptcy. Talc lawsuit update. They also requested that the lawsuit against the halted torts of J&J continue to continue.
LTL requested 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 settlement. The committee believes that the recent ruling, which allows LTL’s third Chapter 11 to continue, and also stopping trials against J&J is a reason for an immediate Third Circuit review. The US Trustee has also requested the New Jersey bankruptcy court dismiss the LTL bankruptcy case. J&J’s worldwide vice president of litigation, Erik Haas, was quoted by Bloomberg declaring that J&J plans to file a response in the appeals court, calling the request a “desperate and legally insufficient plan” by a select group of law firms that have different financial interests.
May 1st 2023 Update: A most frequently asked question is how could the plaintiffs’ lawyers and their clients turn around $8.9 billion. Of course, that is a lot of money. But there are a lot of victims. Talc lawsuit update. And these are really good case for plaintiffs. We were reminded of this recently with two talc trials resulted in big verdicts for the plaintiffs. In February, a talcum powder mesothelioma trial in Oregon resulted in an award in the amount of $18.1 million. The following month, a second mesothelioma-related talc case went to trials at 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 leading suppliers of talc within the U.S.
April 30th, 2023 Update: When J&J first tried to bring the litigation over talcum powder into bankruptcy, it came with an offer to reserve $2 billion to settle the case. The sum was ridiculously low. There was no one among the talc victims who agreed with the offer. This time, J&J has increased the offer to $8.9 If the talc plaintiffs are willing to accept bankruptcy settlements and also has the support of a substantial segment of the talc plaintiffs as well as their lawyers. Talc lawsuit update. But with 75% of plaintiffs who are a talc, which is necessary for bankruptcy plan approval It’s a long and difficult process with so many lawyers with huge inventories of baby powder lawsuits that are opposed in favor of the deal.

What can be done to end the impasse? More billions.
April 25 2023 update: Talc cancer claimants have requested a judge to reject their Chapter 11 case filed by LTL Management LLC, a ridiculously made-up Johnson & Johnson subsidiary, saying the company is not financially strained. LTL requested Chapter 11 to settle tens of thousands of claims that J&J’s baby products caused cancer. Talc lawsuit update. It was the 3rd Circuit dismissed its first Chapter 11 case in January The court ruled that LTL was not a candidate to receive bankruptcy relief because it failed to show financial stress.

The plaintiffs argue that LTL’s third Chapter 11 case is an abuse of the bankruptcy system and that it’s being conducted in bad faith. J&J claims the bankruptcy settlement receives “significant support” from firms representing approximately 60,000 plaintiffs. It’s safe to say plaintiffs’ lawyers and victims ‘ lawyers are divided on their disagreement over the $8.9 billion settlement offer.

April 21, 2023 Update: A bankruptcy judge has decided that Johnson & Johnson must face new lawsuits claiming that the company offered a baby powder with a contaminant that caused cancer. While trials in the lawsuits involving talc are delayed for at least 60 calendar days but new lawsuits can be filed, and lawyers are able to begin preparing their cases. Talc lawsuit update. Judges expressed skepticism about J&J’s attempt to revive its plan with the second bankruptcy case.

April 13th, 2023 Update: biggest update is about the $8.9 billion over the course of 25 years offer for settlement. Lawyers representing cancer patients involved in the MDL collective action promised to challenge the settlement talc claimants. Why? They think it is not enough money for more than 70,000 cancer victims. Talc lawsuit update. The lawyers say that J&J should seek a bigger settlement or litigate individual claims if the latest bankruptcy is dismissed.

There is a different group of lawyers that is not part of the leadership of the class action. The lawyers collectively have accumulated many thousands of cases. The group is seeking to settle the case now for what is believed to be lower than what the victims should be paid. Their argument seems to be twofold. The first is that they claim the settlement – which amounts to the equivalent of $100,000 per plaintiff is fair.

This argument isn’t easy to prove. However, their second argument has more force: victims should now not wait and they want the money immediately.

April 12 2023 Update: Some people are wondering if J&J can go through bankruptcy once more. The answer is complicated and confusing. Let’s try to clarify it clearly.
Johnson & Johnson asserts that bankruptcy is the only option to settle both present and future talc litigations in a definitive manner. That is, it believes that it will be less expensive when there is a bankruptcy element that creates pressure to settle. Talc lawsuit update. Driving past more than 400 years in American past, the company argues that bankruptcy benefits all parties by distributing settlements more equally and more efficiently than trial courts which are where litigants get significant payouts, while others are left with nothing.

The essence in this 3rd Circuit decision was this is not a case of an enterprise that is profitable, forming a subsidiary to take the legal risk and declare bankruptcy – something Congress had in mind when it came to drafting the Bankruptcy Code. However, the court also ruled the company was financially distress due to the fact that J&J offered unlimited financing.
This is why J&J did not hesitate to take advantage of the unlimited funding aspect of the agreement but did not pledge that it would provide unlimited funds for cases. The company claims that new financing agreements with its subsidiary address appeals court’s concerns while still providing funds for claims. In the hope that offering victims lesser money could solve the underlying issue.

Lawyers representing cancer patients who are against the agreement argue this by arguing that the plaintiff is the legal argument. Talc lawsuit update. They counter with legal absurdity: J&J fraudulently transferred $50 billion in assets to LTL Management to circumvent the appeals court’s earlier decision. Hyperbole did not go unnoticed the lawyers representing victims call this the biggest “fraudulent transaction 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 through and maintain the pressure on plaintiffs.

April 10, 2023 update: Bloomberg offers an informative article on a new law of New Jersey that is shedding new light on the funding of litigation in the baby powder suit for class actions. Litigation funders Virage Capital Management and TRGP Capital invested in hundreds of lawsuits that were brought against Johnson & Johnson (J&J) regarding talc products, in exchange in exchange for a portion of profits. J&J is now offering to pay $8.9 billion to settle all lawsuits.

The involvement of funders is public information because of a New Jersey court rule requiring the release of certain details about outside funding backers. The rules aim to address the rising calls for regulation of 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 of mass tort cases has both pros and pros and. But there is no question that we are seeing how third-party funding could level the playing field between people as well as large corporations in court.

April 4 2023 Update: It is pleasing to see the worm turning in this lawsuit. J&J was hit again this week when they were denied by the Third Circuit denied J&J’s request to extend the automatic stay while J&J appeals a bankruptcy ruling in the U.S. Supreme Court. It has frozen thousands of talcum powder cases and stopped new lawsuits from being filed ever since J&J began the controversial plan to spin talc-related liabilities into a bankrupt entity over a year earlier. Talc lawsuit update. When it was decided that the 3rd Circuit ruled that this bankruptcy was invalid just a few months ago the stay was removed. J&J wanted to see it remain in effect 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 chance for the Supreme Court is willing even to consider the appeal? Low.
March 16th, 2023 Update: with the bankruptcy stay being officially lifted, the first new cases have been filed and transferred into the class action for talcum powder MDL within a year. Seven new talc-related lawsuits were brought into 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 be the U.S. Government Accountability Office (GAO) launch an investigation into how much J&J Talc products have cost the government in the years.
Recently, in an open letter to the GAO, Rep. Steven Cohen (D-Ten.) accused J&J of ignoring the dangers of its talc products over long while tax dollars spent treating those injured by exposure to the chemicals. This lawsuit comes a few weeks after J&J’s loss to the 3rd Circuit Court of Appeals.

Talc lawsuit update. J&J has to begin making reasonable settlements to victims, in order to put all of this behind. It’s a mark on one of the most prestigious companies.

February 14 , 2023 Update: At an earlier 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.

 

You May be Entitled to Significant Compensation Talc lawsuit update. 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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