You May be Entitled to Significant Compensation Talc safe cosmetics. Johnson & Johnson powders were proven to contain asbestos (a cancer causing agent) and the company failed to notify users of the cancer risk. $2 BILLION has already been awarded to claims. Free To File! No Fees Unless A Settlement Is Awarded!
J&J’s proposed settlement with talc would pay $400 million to US state AGs. Talc Safe Cosmetics .
Johnson & Johnson (JNJ.N) has set aside $400 million to resolve U.S. state consumer protection actions as part of its wider $8.9 billion plan to settle allegations that its Baby Powder as well as other talc products cause cancer. Talc safe cosmetics.
J&J subsidiary LTL Management filed a bankruptcy plan in New Jersey late on Monday that describes how the company intends to pay for different types of cancer victims as part of an arrangement for bankruptcy. Talc safe cosmetics. J&J has declared that its products containing talc are safe and don’t cause cancer. It is attempting for another time to settle more than 38,000 cases in bankruptcy and stop new cases from coming forward in the near future.
LTL’s bankruptcy plan would pay $400 million into an additional trust to settle claims brought in state courts by attorneys general claiming that J&J was in violation of states’ unfair practices and consumer protection laws, by deceiving consumers regarding the quality of its talc products.
Many states had initiated consumer protection measures against J&J prior to LTL’s bankruptcy filing prevented these investigations from progressing in 2021. Talc safe cosmetics. New Mexico and Mississippi had already launched lawsuits for damages against Johnson & Johnson before then as well as the states of Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative requests or subpoenas according to court documents.
New Mexico and Mississippi have moved to dismiss LTL’s bankruptcy as well as cancer patients and their counterparts from the U.S. Justice Department’s bankruptcy watchdog. argue that a profit-making company like J&J does not qualify for bankruptcy protections aimed at the struggling debtors.
LTL’s first attempt at resolving the bankruptcy-related lawsuits was thrown out after similar arguments, when a U.S. appeals court decided that LTL was not in “financial trouble” and ineligible to receive bankruptcy relief. Talc safe cosmetics. LTL had filed for bankruptcy again less than two hours after the dismissal, saying that its second attempt was different in that it had less money available and more backing for a settlement.
New Mexico and Mississippi said in their motion for dismissal that LTL’s renewed bankruptcy violates the law enforcement powers of the state in attempting to unilaterally limit the liability of the company in state consumer protection measures.
Talc Safe Cosmetics
LTL’s recent filings also provided more details on how the company would assess and pay for cancer claims in the event that the bankruptcy plan is approved.
The highest payments under the settlement would be $500,000 for patients diagnosed with terminal mesothelioma before the age of 45, and $260,000 for those diagnosed with terminal ovarian cancer before age 45.
The proposed settlement provides discounts based on the severity and type of cancer, the patient’s years of age, their history of using talc and other factors. Talc safe cosmetics. For example an individual who was using talc products on a weekly basis, who had the family history of ovarian cancer and was diagnosed with stage II ovarian cancer when she was 55 could be in line to receive a payout of $21,125 under the settlement plan.
Judge decides J&J, talc opponents to participate in settlement talks.
After another round of hearings in Johnson & Johnson’s effort to utilize a Texas Two-Step bankruptcy strategy to settle talc lawsuits, federal bankruptcy Judge Michael Kaplan has ordered the company as well as those who oppose the plan to hold negotiations to settle the matter, Bloomberg reports.
In its second bankruptcy effort for LTL Management–a subsidiary established by J&J to settle claims – the company proposed a settlement of $8.9 billion. Talc safe cosmetics. While a group of law firms representing plaintiffs is in favor of the deal, another group opposes the move.
This week, the opposition group, which is known as”the Official Committee of Talc Claimants and urging the bankruptcy court to dismiss the case arguing that LTL cannot be regarded as in financial hardship.
“The filing is a desperate and legally deficient attempt by a handful of law firms to try to prevent claimants from voting on the resolution plan – a plan that the vast majority of claimants favor,” J&J’s litigation chief Erik Haas, said in an announcement. Talc safe cosmetics. “The law firms behind these filings have interests in finance that conflict with, differ from and contravene those which their clientele. We’ll submit an answer before the court of appeals.”
Talc safe cosmetics. Clay Thompson, a lawyer for MRHFM who is home to more than mesothelioma patients who have filed lawsuits against J&J for bankruptcy, told the second bankruptcy attempt of J&J will fail.
“J&J sends out press releases that boast about how amazing its plans are, but is demanding that plan details–including what individual sick people would actually receive,” Thompson said in a statement. “What do J&J have to conceal?”
Kaplan has directed the parties to come up with another strategy for reorganization, under the supervision from two mediators.
In February 2022, Kaplan confirmed J&J’s recourse to Chapter 11 to hasten a settlement that would release J&J from the tens of thousands of claims concerning its talcum products.
However, in January of this year a federal appeals court ruled against the decision, ruling that the firm could not be considered to be in “financial financial distress.”
The J&J’s plan to appeal to the U.S. Supreme Court was denied on April 1, J&J applied for its first bankruptcy roughly two hours later. In response, 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 cost of litigation involving talc.
With the two Chapter 11 attempts, J&J has been able to buy 19 months in which cases have been in limbo. Talc safe cosmetics. The company wants claimants to vote on accepting their settlement. J&J will require 75% approval for the deal to go through.
In addition to the gang of talc lawyers who panned the company’s bankruptcy play and the U.S. Trustee is an arm of the U.S. Department of Justice is also submitting motions to dismiss LTL’s second bankruptcy case.
In a statement this week, U.S. trustee Andrew R. Vara wrote that the doors of bankruptcy are “open to honest but unfortunate debtors.” Those doors “are not open to parties that lack a legitimate bankruptcy reason or want to use the bankruptcy process to delay or hinder their creditors,” Vara continued.
For its part, J&J maintains there is no evidence conclusive that its products containing talc, such as its popular baby powder cause cancer. J&J has adopted the products of the market first on North America in 2020–and the rest of the world later this year.
J&J seeks to avoid the costly business of going to trial. The company has won most of the cases that were decided during trial, however, certain losses have been punishing.
A well-known trial in Missouri ended in a $4.7 billion verdict against the drug maker and was later lowered 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 cases involving talc, which are in appeal or settled. In 41 trials 32 of them ended in a win by J&J as well as mistrials or plaintiff verdicts that were dismissed after appeal. Talc safe cosmetics. Separately, the company has announced plans to settle over 1000 cases at a cost of the sum of $100 million. Bloomberg stated at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Talc Safe Cosmetics
Our lawyers are handling the baby powder litigation in all 50 states. The talcum powder lawsuits in the case of Johnson & Johnson have been going on for a long time. Talc safe cosmetics. The lawsuits contend that the prolonged use of the powder (or “talc”), the active ingredient found in products such as Shower to Shower Powder along with Shower to Shower as well as other products, may cause ovarian cancer in certain women.
This page offers a J&J Talc Power litigation update and discusses how the upcoming bankruptcy ruling will affect the final settlement amounts of the ovarian cancer lawsuits.
Did the deadline expire for you to start a lawsuit against talcum powder? Many who assume the time limit has expired to sue Johnson & Johnson are wrong. Call us today at 800-553-8082 or get a free and quick case review online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Talc Safe Cosmetics
June 2 2023 Update: In the asbestos talc case in California yesterday, a couple of technical issues disrupted the opening statements made by defense attorneys. Talc safe cosmetics. Jurors watching at home via Zoom, did hear Johnson & Johnson’s lawyer expressing skepticism about the 70s science affirming the presence of asbestos in their product before the proceedings abruptly ended.
In the meantime, the plaintiff had the opportunity to present the first of their witnesses, Arthur Langer. Langer explained that the existence of other minerals with the talc’s mineral content is inevitable. He also testified that his team informed J&J in 1971 of the presence of chrysotile asbestos within the company’s talc, albeit with less than 0.1 percent. The asbestos was discovered by him in 1976.
June 1st, 2023 Update Talc safe cosmetics. First trial after J&J took the decision to disband its Talc segment and file for bankruptcy is an important point of the ongoing litigation controversy. Trial began yesterday in the heartbreaking trial of a young plaintiff, diagnosed with an extremely rare and aggressive form of mesothelioma last year. which lawyers on both sides believe is a tragic loss.
Opening statements revealed huge differences between the sides’ narrative. The attorney representing the plaintiff aimed his ire on Johnson & Johnson, alleging the use of deceitful methods in their research practices as well as throughout the litigation procedure. According to the attorney the company attempted to manipulate the definition of asbestos in spite of internal documents from between 1978 and 1994 that showed asbestos fibers that were found in the tissue of the plaintiff are included.
Johnson &J’s tangled $8.9 billion settlement deal hangs in the balance with the development of the trial. Despite the distinctive nature 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 unintended setback to Johnson & J’s expectations of widespread acceptance of their proposed settlement among plaintiffs.
May 31st 2023: Update from Johnson and Johnson’s bankrupt talc unit vigorously defended it’s 2nd Chapter 11 filing in the facing challenges from the talc injury plaintiffs. In an appeal to the New Jersey bankruptcy court, the subsidiary argued that the situation differed fundamentally from the earlier filing. It highlighted the extraordinary commitment to $8.9 billion from J&J which is the largest ever settlement in a mass tort bankruptcy case. Talc safe cosmetics. Not mentioned: how the magnitude of the settlement indicates that it is an equitable settlement. J&J also claimed support from various plaintiffs’ law firms representing over 60,000 claimants. It is difficult to confirm but it’s likely to be false.
May 24 2023 Update: In the wake of Johnson & Johnson’s bankruptcy in 2021 filing, the very first trial on the cosmetic talc products it claims to comprised of asbestos is set to commence jury selection on Monday, California within the Alameda County Superior Court, which is a well-known jurisdiction for plaintiffs. The plaintiff asserts that his mesothelioma was triggered by asbestos exposure resulting from J&J’s products, an allegation J&J does not deny. The trial also involves six retailers who are accused of selling talc-based products.
May 22nd, 2023 Update: Lawyers involved in the 2nd J&J talc bankruptcy are now fighting over who should be chosen to fill the role of the future claims representative, which is vitally important to resolving the talc claims. Talc safe cosmetics. Randi Ellis, a lawyer who frequently appears in MDLs throughout the United States was appointed as the claims representative in the previous bankruptcy. J&J’s defense group wants Ellis to be appointed in that position yet again, but the lawyers for the talc plaintiffs are objecting because Ellis has an interest conflict which should stop her from holding that position once more. This conflict is rooted in the fact that Ellis was believed to have been involved in drafting the controversially litigated second bankruptcy, which raises concerns about her capacity to be neutral. In reality, this bankruptcy will likely to get dismissed anyway.
May 17th, 2023 Update: The pretend company J&J made up for the talc bankruptcy has informed an New Jersey bankruptcy court that they have designated $400 million to settle claims made by states accusing the company of misleading advertising for its talc-based products. Talc safe cosmetics. That’s an $8.5 billion settlement for cancer victims. It’s hard to imagine the scenario in which J&J can get these baby powder settlements through in these figures. While J&J’s proposed $8.5 billion offer sounds like a large sum at first, it does not look good when you consider the math. The proposed settlement based on our rough calculations, would not be able to pay victims more than $100,000 per instance. This isn’t enough.
May 15 2023 update: J&J may be in the middle of a lawsuit by an advocacy group that represents cancer patients. Talc safe cosmetics. The group claims that J&J intentionally withdrew an $61.5 billion funding agreement in conjunction with its affiliate, LTL Management LLC, to create the appearance of financial hardship and to validate the company’s Chapter 11 bankruptcy filing. The group claims this decision is equivalent to a fraudulent transfer of the right to compensation for victims. They plan to explore J&J’s actions in the wake of the dismissal of LTL’s first bankruptcy suit.
May 10 2023 Update: The following week next week, it is expected that the U.S. Bankruptcy Court in New Jersey will hear oral arguments on a petition to reject the second bankruptcy filing from J&J subsidiary LTL Management. In the meantime, however it has approved an Order which requires both sides to participate in a settlement mediation hoping that a global settlement deal can come to fruition.
May 5 2023: Update on Talc supplier Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to several lawsuits alleging that its talc products cause cancer from asbestos exposure. Talc safe cosmetics. More than 2700 people have filed lawsuits against the company, and it was spending $1 million a month on legal defense. The company’s recent $29million settlement in South Carolina forced it to file for bankruptcy protection, arguing for a fair distribution of assets among talc claimants instead of being taken over by the receiver. Other talc suppliers have also declared bankruptcy because of lawsuits.
May 4 2023 Update U.S. Court of Bankruptcy Michael Kaplan has directed Johnson & Johnson to reopen talks with lawyers who have rejected Johnson & Johnson’s $8.9 billion offer for settlement. It was in Trenton, New Jersey yesterday, the parties gathered in court to discuss the next steps to take in their second bankruptcy matter. Judge Kaplan has pushed for further settlement talks.
This is the way to settle these claims for J&J. The baby powder settlement is likely to be completed. Talc safe cosmetics. But it’ll need more money – billions of dollars – coming from Johnson & Johnson.
Lawyers have a split opinion on whether to accept the proposal and not every client views the issue the same way their lawyer does. The second bankruptcy case is bound to fail with Judge Kaplan has set a date for a hearing in June to decide whether to 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 surrounding talc-based products. The group of talc claimants filed a motion on Tuesday asking that the Third Circuit to consider their appeal and return the case before a court of lower jurisdiction, with instructions for dismissing the bankruptcy. Talc safe cosmetics. The committee also requested that the lawsuit against the halted torts of J&J should be permitted to proceed.
LTL requested 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 payment. The committee argues that the recent ruling allowing LTL’s second Chapter 11 to continue, as well as halting the trials against J&J and J&J, requires urgent 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 declaring that J&J plans to file a reply in the appeals court, declaring the filing a “desperate and legally inadequate attempt” by a small number of law firms that have competing financial interests.
May 1, 2023 Update: One question people keep asking is how plaintiffs and their attorneys turn off $8.9 billion. Of course, it’s a lot of money. But there are plenty of victims. Talc safe cosmetics. They are a great case for plaintiffs. We were reminded recently with two talc trials resulted in big verdicts for plaintiffs. In February mesothelioma, a talcum-based powder trial in Oregon resulted in a verdict that was $18.1 million. A month later, another talc mesothelioma case went to trials within South Carolina and resulted in a verdict of $29 million on behalf of the plaintiff. The defendant in both cases was Whittaker, Clark & Daniels Inc. which is one of the top manufacturers of talc in U.S.
April 30, 2023 Update: When J&J initially tried to take the talcum powder lawsuit into bankruptcy, it came with an offer to put aside $2 billion for settlements. It was a ridiculously small amount. All of the talc plaintiffs agreed with the proposal. However, 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 backing of a significant segment of the talc plaintiffs and their attorneys. Talc safe cosmetics. But 75% of the plaintiffs who are a talc, which is required for bankruptcy plan approval is a difficult road since there are so many lawyers with huge stocks 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 victims have sought a court order to disqualify the Chapter 11 case filed by LTL Management LLC, a absurdly-made-up Johnson & Johnson subsidiary, declaring that the company isn’t financially distressed. LTL has filed for Chapter 11 to settle tens of thousands of claims that J&J’s baby products caused cancer. Talc safe cosmetics. The 3rd Circuit dismissed its first Chapter 11 case in January, saying LTL was not eligible for bankruptcy relief because it had not demonstrated financial trouble.
The claimants contend that LTL’s third Chapter 11 case is an misuse of the bankruptcy system and that the case is being handled in bad faith. J&J states that the bankruptcy settlement is backed by “significant backing” from the firms that represent an estimated 60,000 people who are claiming. It is fair to say that the plaintiffs’ attorneys and the victims are split over the $8.9 billion offer for settlement.
April 21, 2023 Update: A bankruptcy judge ruled the company Johnson & Johnson must face new lawsuits alleging that it offered a baby powder with a contaminant that caused cancer. Although trials for the talc lawsuits have been suspended for a minimum of 60 days however, new lawsuits may be filed and lawyers will begin preparing their cases. Talc safe cosmetics. The judge expressed skepticism over J&J’s absurd attempt to revive its plan with a second bankruptcy trial.
April 13 2023 Update: The biggest update is about the $8.9 billion over 25 year period settlement offered. Lawyers representing cancer victims involved in the MDL Class Action have vowed to fight the settlement along with the talc claimants. Why? They feel it’s not enough to pay for more than 70,000 cancer victims. Talc safe cosmetics. They argue that J&J could negotiate a greater settlement or even litigate individual claims if the most recent bankruptcy is declared unconstitutional.
However, there is a second lawyer group that isn’t part of the leadership of that class action. The lawyers collectively have accumulated hundreds of thousands of cases. The group is seeking to settle today for what is believed to be less than the victims deserve. The argument they make is two-fold. First, they argue that the settlement, which is about 100 million dollars on average per plaintiff is fair.
This is an argument that is difficult to argue. But their second argument has more force: the victims can now not wait and they want their money today.
April 12 2023 Update: Some people are asking how J&J can file for 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 method to resolve both current and future talc lawsuits conclusively. In other words, it believes that it will be less expensive if there is a bankruptcy component that applies pressure to negotiate a settlement. Talc safe cosmetics. In a quest to cover the 400-year span of American past, the company argues that bankruptcy benefits all parties because it distributes settlement payments more evenly and effectively than trial courts, where some litigants receive significant awards while others receive nothing.
The essence of this 3rd Circuit decision was this is not a case – an enterprise that is profitable, forming an affiliate to accept the legal burden and declare bankruptcy, which is what Congress considered when it was drafting the Bankruptcy Code. But it also said it was not financially distress due to the fact that J&J promised unlimited funding.
Thus, J&J took advantage of the unlimited funding part of the deal and didn’t promise to provide unlimited funding for the litigation. The company says that its modified financing arrangements with its subsidiary address concerns of the appeals court while offering funds to pay claims. It’s as if giving victims lower amounts of money would resolve the overall issue.
Lawyers representing cancer patients who oppose the deal counter this argument by saying that it is countering legal nonsense legal absurdity: J&J fraudulently transferred $50 billion of assets away from LTL Management to circumvent the appeals court’s earlier decision. The hyperbole wasn’t spared attorneys representing the victims claim it the biggest “fraudulent move of assets in United States history.”
Despite all 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 through and maintain the pressure on plaintiffs.
April 10, 2023 Update Bloomberg offers an informative article about a new law within New Jersey that is shedding new light on litigation funding in the Class action suit. Litigation funders Virage Capital Management and TRGP Capital invested in hundreds of claims against Johnson & Johnson (J&J) concerning talc products in exchange for a percentage of any profits. J&J has now offered that it will pay $8.9 billion in settlements for all lawsuits.
The involvement of funders is made public due to a New Jersey court rule requiring the disclosure of certain information about outside funding backers. This rule is intended to respond to the increasing calls for regulation of litigation funders. J&J has to deal with more than 60,000 lawsuits when you add up federal and state Baby Powder lawsuits. Third-party financing in mass tort cases is not without its pros and pros and. But there is no question that we are witnessing the ways that third-party funding can even the playing field between individual and big companies in court.
April 4 2023 Update: It’s enjoyable to see the worm turning in this lawsuit. J&J was hit again this week, when an appeals court in the Third Circuit denied J&J’s request to keep the automatic stay in place as J&J appeals an order granting bankruptcy in the U.S. Supreme Court. This automatic stay froze hundreds of cases involving talcum powder and stopped new lawsuits from being filed ever since J&J initiated the controversial effort to spin talc-related liabilities into a bankrupt company over a year earlier. Talc safe cosmetics. When it was decided that the 3rd Circuit ruled that this bankruptcy was not legal only a few months back, the stay was revoked. 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. There is a chance that is that the Supreme Court is willing even to consider the appeal? Low.
March 16th, 2023 Update: with the bankruptcy stay being fully lifted, the first new cases were filed and incorporated into the class action involving talcum powder MDL in just over a year. Seven new talc lawsuits have been included in the MDL during the month of March which brings the total number of cases pending to 37,522.
February 25 2023 Update 2023 Update: A Congressmen from Tennessee has now demanded that be the U.S. Government Accountability Office (GAO) launch an investigation into the amount J&J products containing talc have cost the government in the decades.
Recently, in an open letter addressed to the GAO, Rep. Steven Cohen (D-Ten.) has accused J&J of not recognizing the risks of its talc-based products for years while tax dollars were used to treat those who were injured through exposure to the chemicals. The suit comes just a few days after J&J’s loss to the 3rd Circuit Court of Appeals.
Talc safe cosmetics. J&J needs to start making reasonable settlement offers to victims, in order the process of putting all this behind it. It’s a mark on one of the greatest firms.
February 14 2023 Update: In an appearance today at the hearing in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention to follow the ruling of 3rd U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.
You May be Entitled to Significant Compensation Talc safe cosmetics. 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!