You May be Entitled to Significant Compensation Talc same as talcum powder. 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 pay $400 million to US state AGs. Talc Same As Talcum Powder .
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 deal to settle claims that its Baby Powder and other talc-based ingredients cause cancer. Talc same as talcum powder.
J&J affiliate LTL Management filed a bankruptcy plan in New Jersey late on Monday that outlines how the firm plans to pay different kinds of cancer victims as part of bankruptcy settlement. Talc same as talcum powder. J&J has claimed that its Talc products are safe and don’t cause cancer. It is attempting for a second time to resolve more than 38,000 cases in bankruptcy, and to prevent any new cases from coming forward in the near future.
LTL’s bankruptcy plan would pay $400 million to a separate trust for lawsuits filed with state attorneys general claiming that J&J violated states’ unfair practices and consumer protection laws by misleading consumers about the safety of its talc products.
Some states had started consumer protection lawsuits against J&J prior to LTL’s bankruptcy filing stopped those investigations from progressing in 2021. Talc same as talcum powder. New Mexico and Mississippi had already filed actions 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 LTL’s court filings.
New Mexico and Mississippi have moved to dismiss LTL’s bankruptcy, joining cancer victims as well as their counterparts from the U.S. Justice Department’s watchdog on bankruptcy, who have argued that a profitable business like J&J is not eligible for bankruptcy protections aimed at those struggling with debt.
The first time LTL attempted to settle the bankruptcy cases was rejected after the same arguments. In the end, a U.S. appellate court decided that LTL had not been in “financial trouble” and therefore not eligible of bankruptcy protection. Talc same as talcum powder. LTL filed a second bankruptcy in just two hours following that dismissal, arguing that the second bankruptcy was different in that it had less money available and more support for the settlement.
New Mexico and Mississippi said in their motion to dismiss that LTL’s new bankruptcy violates the law enforcement powers of the state by trying to unilaterally cap the company’s liability for state consumer protection measures.
Talc Same As Talcum Powder
The filings of LTL’s latest bankruptcy proceedings also include more details on how the company would assess and pay claims for cancer in the event that the bankruptcy plan is approved.
The most significant payments under the settlement would be $500,000 to those diagnosed with mesothelioma that is terminal before age 45 and $260,000 for those who have been diagnosed with cancer of the ovary before age 45.
The proposed settlement applies discounts depending on the nature and severity of cancer, the patient’s age, previous the use of talc, and other aspects. Talc same as talcum powder. For example someone who regularly used talc products on a weekly basis, who had the family history of ovarian cancer and was diagnosed with an ovarian cancer stage II by age 55 may qualify for a $21,125 payout according to the plan.
Judge orders J&J and talc opponents discuss settlement negotiations.
After another round of hearings in Johnson and Johnson’s efforts to implement a Texas Two-Step bankruptcy strategy for talc litigation, federal bankruptcy Judge Michael Kaplan has ordered the company and those opposed to the move to conduct settlement talks, Bloomberg reports.
With its second bankruptcy attempt for LTL Management–a subsidiary established by J&J to manage the claims company offered a settlement of $8.9 billion. Talc same as talcum powder. While a firm representing plaintiffs is in favor of the settlement, a different group opposes the deal.
Earlier this week, the opposition group, known as”the Official Committee of Talc Claimants requested the bankruptcy court for dismissal of the matter by arguing that LTL can not be considered in financial distress.
“The filing is a desperate and legally ineffective attempt by a handful of law firms to prevent claimants from voting on the resolution plan–a plan that the overwhelming majority of claimants support,” J&J’s litigation chief Erik Haas, said in a statement. Talc same as talcum powder. “The law firms that are behind their filing are financially oriented and have conflicts that conflict with, diverge from, and contravene those which their clientele. We’ll soon submit a response before the court of appeals.”
Talc same as talcum powder. Clay Thompson, a lawyer for MRHFM which is home to more than patients with mesothelioma who have filed lawsuits against J&J for bankruptcy, told J&J’s second bankruptcy effort will fail.
“J&J sends out press releases describing how fantastic its plan is while simultaneously insisting that the details of its plan–including the treatment individual sick people would actually receive,” Thompson said in the statement. “What do they have to keep secret?”
Kaplan has instructed both sides to create a strategy for reorganization, under the oversight by two mediators.
In February 2022, Kaplan stated that J&J’s recourse to Chapter 11 to hasten a settlement that will free the company from the hundreds of thousands of claims regarding its talcum products.
But in the month of January, an appeals court in the United States overturned the decision, deciding that the company could not be considered in “financial difficulty.”
When J&J’s attempt to make an appeal before the U.S. Supreme Court was denied in April, J&J applied for its first bankruptcy just two hours later. In response, Kaplan froze the lawsuits for 60 calendar days to decide whether or not to approve the second bankruptcy.
J&J’s unstoppable profit engine sputters after $6.9B cost of litigation involving talc.
With 2 Chapter 11 attempts, J&J has been able to buy 19 months in which cases were put on hold. Talc same as talcum powder. J&J wants the claimants to accept their settlement. J&J requires 75% approval for the settlement to be approved.
In addition to the group of talc lawyers who criticised LTL’s bankruptcy plan as well, the U.S. Trustee which is a division belonging to the U.S. Department of Justice has also filed an application to dismiss the second bankruptcy case of LTL.
In a letter filed this week, U.S. Trustee Andrew R. Vara wrote that the doors of the bankruptcy court remain “open to honest, but naive debtors.” The doors “are not accessible to those who do not have a legitimate bankruptcy purpose or that seek to use bankruptcy to delay or hinder their creditors,” Vara continued.
In its own words, J&J maintains there is no definitive evidence to suggest that its talc products, including its famous 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. It has won the majority of cases that were decided through trial, though certain losses have been punitive.
A highly-publicized trial in Missouri ended in 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
Overall, J&J has lost nine talc trials that are either in appeal or resolved. In 41 trials 32 have ended in the favor of J&J, a mistrial or verdict for a plaintiff that was annulled after appeal. Talc same as talcum powder. Additionally, the company has announced plans 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 Same As Talcum Powder
Our lawyers handle baby powder lawsuits in every state. The talcum powder lawsuits in the case of Johnson & Johnson have been ongoing for years. Talc same as talcum powder. The lawsuits contend that the prolonged use of the powder (or “talc”), the active ingredient in many products, including the Baby Powder as well as Shower to Shower which can cause cancer of the ovary in certain women.
This page offers an J&J Talc Power Update and examines how the coming bankruptcy ruling will impact the final settlement amounts in the ovarian cancer lawsuits.
Has the deadline passed for you to file a talcum powder lawsuit? Many who believe that the time limit has expired to sue Johnson & Johnson are wrong. Call us at 800-553-882 or get a free and quick review of your case online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Talc Same As Talcum Powder
June 2 2023 Update: At an asbestos talc court trial held that took place in California yesterday, a few technical glitches interrupted the opening statements of the defense lawyers. Talc same as talcum powder. Jurors who were watching at home via Zoom, did hear Johnson & Johnson’s lawyer expressing doubts about the 70s research claiming asbestos was present in their product before the session abruptly ended.
Meanwhile, the plaintiff had the opportunity to introduce the first of their witnesses, Arthur Langer. Langer stated that the presence of other minerals with talc is expected. He said that his team was notified by J&J in the year 1971 about the presence of chrysotile asbestos the company’s talc, albeit at just 0.1 percent. He also uncovered more asbestos in 1976.
June 1, 2023 Update: Talc same as talcum powder. This is the first court trial that has taken place since J&J made the decision to split its Talc division and declare bankruptcy is an important moment in the ongoing talc lawsuit controversy. The trial began on Tuesday in the heartbreaking trial of a young plaintiff who was diagnosed with an extremely rare and aggressive form of mesothelioma in the past year, which lawyers on both sides of the argument agree is a grave tragedy.
Opening statements revealed the huge differences between the sides’ narrative. The plaintiff’s attorney took aim against Johnson & Johnson, alleging that the company employed deceitful tactics in research practices and throughout the litigation procedure. As per the lawyer, Johnson & Johnson attempted to alter the definition of asbestos in spite of internal documents from the year 1978 and 1994 indicating that asbestos fibers found in tissues of the plaintiff are part of.
Johnson & Johnson’s uncertain $8.9 billion settlement deal hangs in the balance with the progress of this trial. Despite the distinct nature of this mesothelioma-related case and its unique challenges compared to other talcum powder lawsuits, a verdict favoring the plaintiff could result in a serious setback to J&J’s hopes of broad acceptance of their proposed settlement with plaintiffs.
May 31, 2023 Update: Johnson & Johnson’s bankrupted talc unit has vigorously defended their second Chapter 11 filing in the facing challenges from victims of talc injuries. In an objection submitted to the New Jersey bankruptcy court, it argued that the filing was vastly different from the earlier filing. It highlighted the extraordinary commitment to $8.9 billion from J&J as the largest settlement ever made in an bankruptcy case involving mass torts. Talc same as talcum powder. The issue is not discussed: whether this amount indicates that it is a fair settlement. J&J also claimed support from several plaintiffs’ legal firms that represent over the 60,000 plaintiffs. It is difficult to confirm but it’s likely to be false.
May 24 2023 Update: Following Johnson &J Johnson’s bankruptcy filing, the very first trial on its cosmetic talc items allegedly that contain asbestos is scheduled to start jury selection Monday, California in Alameda County Superior Court, which is a well-known jurisdiction for plaintiffs. The plaintiff asserts that his mesothelioma was caused by asbestos exposure through J&J’s products which 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 second J&J talc bankruptcy are now disputing who should be chosen to fill the role of future claims representative. This is an important role essential in resolving the claim for talc. Talc same as talcum powder. Randi Ellis, a lawyer who is frequently involved in MDLs throughout the country was appointed the claims representative in the first bankruptcy. J&J’s defense group wants Ellis to be appointed in that position and again, but attorneys for the talc plaintiffs are protesting to the claim that Ellis has an unrelated conflict of interest which should stop her from being appointed to that post again. The dispute stems from fact that Ellis was apparently involved in the creation of the hotly contested second bankruptcy, which raises concerns regarding her capacity to remain neutral. The reality is the bankruptcy will get dismissed anyway.
May 17, 2023 Update: The pretend company that J&J created to handle the bankruptcy of talc told the New Jersey bankruptcy court that they have set aside $400 million to pay the claims brought by states accusing the company of deceitful advertising for its talc products. Talc same as talcum powder. That’s an $8.5 billion settlement for cancer patients. It’s difficult to imagine the scenario in which J&J could push the settlements of baby powder through with these numbers. Although J&J’s $8.5 billion offer seems like a lot of money initially, it may not appear appealing when you look at the numbers. The settlement plan based on our rough calculations would not be able to pay victims more than an average settlement $100,000 per case. That is not enough.
May 15 2023 update: J&J is potentially facing a lawsuit from an advocacy group representing cancer victims. Talc same as talcum powder. The group argues that J&J intentionally withdrew a $61.5 billion contract for funding that it had with its company subsidiary LTL Management LLC, to simulate financial distress and confirm the unit’s Chapter 11 bankruptcy filing. The group claims that this move could be interpreted as a fraudulent transfer of right to compensation for victims. They plan to explore J&J’s actions in the wake of the decision to dismiss LTL’s first bankruptcy suit.
May 10 2023 Update: During the next 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 subsidiaries LTL Management. In the meantime, LTL Management has filed an order calling for both parties to take part in a new settlement negotiation hoping that a global settlement deal can come to fruition.
May 5th, 2023 Update: Talc manufacturer Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to many lawsuits claiming that its talc products cause cancer due to asbestos exposure. Talc same as talcum powder. Over 2,700 people have sued the firm, and it was paying $1 million per month to defend itself. The company’s recent $29million settlement on the state of South Carolina forced it to apply for bankruptcy protection and argue for equitable distribution of assets among talc claimants instead of being seized by the receiver. Other talc suppliers have also filed for bankruptcy due to the litigation.
May 4, 2023 Update U.S. Court of Bankruptcy Michael Kaplan has directed Johnson & Johnson to resume talks on settlement with lawyers who have rejected the company’s proposed $8.9 billion deal. It was in Trenton, New Jersey yesterday, the parties appeared in court to discuss next steps in their second bankruptcy matter and Judge Kaplan was pushing for more settlement discussions.
This is the answer to resolve the claims of J&J. The baby powder settlement is likely to be made. Talc same as talcum powder. But it will require more money – more billions of dollars coming from Johnson & Johnson.
Lawyers are divided on whether or not to accept the plan and not every client sees the situation the same way their attorney does. Second bankruptcy cases are expected to fail, and Judge Kaplan has set a date for a hearing in June to determine if she will dismiss the bankruptcy for the second time.
May 3, 2023 Update The group of cancer patients suing Johnson & Johnson (J&J) asked an order from the Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it is an attempt to halt litigation over talc products. The group representing the claimants has filed a motion this week asking the Third Circuit to consider their case and to send it back an earlier court, with instructions for dismissing the bankruptcy. Talc same as talcum powder. They also asked that the stopped tort litigation against J&J continue to proceed.
LTL has filed for Chapter 11 protection once again after its bankruptcy filing was rejected in the Third Circuit earlier this year with the possibility of an $8.9 billion agreement. The committee says that the recent decision allowing LTL’s 2nd Chapter 11 to continue, and also stopping trials against J&J, warrants the immediate Third Circuit review. The US Trustee requested it be requested that the New Jersey bankruptcy court dismiss the LTL bankruptcy case. J&J’s worldwide vice president of litigation Erik Haas, was quoted by Bloomberg as saying that J&J intends to file a formal response in the appeals court, calling the request an “desperate and legally inadequate effort” by a few of law firms with conflicting financial interests.
May 1st, 2023 Update: One question people keep asking is how could plaintiffs and their lawyers be able to turn off $8.9 billion. Of course, that is a lot of money. But there are a lot of victims. Talc same as talcum powder. These are an excellent cases for plaintiffs. We were reminded of this last week with two talc trials resulted in big verdicts for the plaintiffs. In February mesothelioma, a talcum-based powder trial in Oregon led to the verdict worth $18.1 million. A month later, another mesothelioma trial involving talc was held for trial on the other side of South Carolina and resulted in a verdict of $29million on behalf of the plaintiff. It was the same defendant as in these cases: Whittaker, Clark & Daniels Inc., one of the top suppliers of talc in the U.S.
April 30 2023 Update: J&J first tried to bring the litigation over talcum powder into bankruptcy, it was met with an offer to put aside $2 billion for settlements. The sum was ridiculously low. There was no one among the talc victims who agreed with it. However, this time, J&J has increased the offer to $8.9 for talc-related plaintiffs if they are willing to accept bankruptcy settlements and also has the backing of a significant section of the talc victims and their attorneys. Talc same as talcum powder. But with 75% of plaintiffs who are a talc, which is needed for approval of the bankruptcy plan is not an easy task since there are so many lawyers with vast stocks of baby powder litigations opposed towards the agreement.
What can be done to end the impasse? More billions.
April 25 2023 Update Talc cancer claimants have requested a judge to dismiss their Chapter 11 case filed by LTL Management LLC, a absurdly made-up Johnson & Johnson subsidiary, 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 products caused cancer. Talc same as talcum powder. In the end, however, the 3rd Circuit dismissed its first Chapter 11 case in January The court ruled that LTL was not eligible to receive bankruptcy relief because it had not demonstrated financial difficulties.
The claimants assert that LTL’s Second Chapter 11 case is an fraud on the bankruptcy system, and that it is being pursued in bad faith. J&J asserts that the bankruptcy settlement is backed by “significant support” from the firms that represent around 60,000 people who are claiming. It’s safe to say that the plaintiffs’ attorneys and victims ‘ lawyers are divided on the $8.9 billion deal.
April 21st, 2023 Update A bankruptcy judge has ruled in favor of Johnson & Johnson must face new lawsuits claiming that the company sold a baby powder that contained a chemical that causes cancer. While trials in talc lawsuits are paused for a minimum period of 60 days but new lawsuits can be filed, and lawyers are able to begin preparing their cases. Talc same as talcum powder. Judges expressed doubt about J&J’s attempt to revive its strategy with a second bankruptcy trial.
April 13, 2023 Update: The biggest news is the $8.9 billion over the course of 25 years offer for settlement. Lawyers representing cancer patients who are part of the MDL Class Action have vowed to fight the settlement with talc claimants. Why? They feel it’s not enough money for those suffering from cancer who are 70,000. Talc same as talcum powder. They argue that J&J should seek a bigger settlement or pursue individuals’ claims if the current bankruptcy is dismissed.
But there is another lawyer group that isn’t part of the leadership in this class action. These lawyers have collectively amassed the equivalent of tens of thousands of lawsuits. They want to settle now in what many believe to be less than the victims deserve. Their argument seems to be two-fold. First, they argue that the settlement of around an average of $100,000 per plaintiff – is fair.
It’s a difficult argument to present. But their second argument has more force: victims should now not wait and they want the money immediately.
April 12, 2023 Update: People are looking for ways J&J can go through bankruptcy again. The answer is complex and complicated. But let’s try to explain it in simple terms.
Johnson & Johnson asserts that bankruptcy is the only means to deal with both present and future talc litigations in a definitive manner. That is, it believes it can pay less when there is a bankruptcy component that applies pressure to settle. Talc same as talcum powder. Going back to more than 400 years in American time, the business believes that bankruptcy is beneficial to everyone by dispersing settlements more equally and effectively than trial courts in which some litigants receive substantial settlements while others get nothing.
The main thrust of the 3rd Circuit decision was this is not a matter of an enterprise that is profitable, forming subsidiaries to meet the legal risk and declare bankruptcy, which is what Congress thought of when drafting its Bankruptcy Code. It also clarified that the entity was financially distress because J&J promises unlimited funding.
This is why J&J jumped on the unlimited funding portion of the contract and did not promise that it would provide unlimited funds for the litigation. The company says that its updated financing arrangements with its subsidiary address concerns of the appeals court while offering claim payment funds. It’s as if giving victims less money would solve the problem at hand.
Attorneys representing cancer patients who oppose the deal counter this by arguing that the plaintiff is countering legal nonsense legal nonsense: J&J fraudulently transferred $50 billion of assets away from LTL Management to circumvent the appeals court’s earlier ruling. The hyperbole wasn’t spared: victims’ lawyers call it the biggest “fraudulent deal ever in United States history.”
Notwithstanding the legal mumbo jumbo, J&J does not really believe this bankruptcy will be able to last. But it’s a way of pushing this $8.9 billion settlement to keep pressure on plaintiffs.
April 10, 2023 Update Bloomberg has an interesting article about a new law within New Jersey that is shedding new light on the funding of litigation in the baby powder class action lawsuit. Litigation funders Virage Capital Management and TRGP Capital invested in hundreds of claims that were brought against Johnson & Johnson (J&J) over talc products in exchange for a share of any profits. J&J is now offering that it will pay $8.9 billion to settle any lawsuits.
The involvement of the funders is public knowledge due to a New Jersey court rule requiring the disclosure of certain information about funding sources outside of the. The rules aim to respond to the increasing calls for the regulation of lawsuit funders. J&J is facing more than 60,000 claims when you combine federal and state baby powder lawsuits. Third-party funding for mass tort lawsuits has its pros and cons. However, there is no doubt that we are witnessing how third-party financing can help level the playing field between individuals and big corporations in court.
April 4 2023 Update: It is interesting to watch the worm turn in this litigation. J&J was hit again this week when they were denied by the Third Circuit denied J&J’s request to continue the automatic stay as J&J appeals an appeal to the U.S. Supreme Court. This automatic stay frozen the cases of talcum powder in a number of years and stopped new lawsuits from arising ever since J&J initiated the controversial effort to spin the talc liabilities off into a bankrupt entity over a year in the past. Talc same as talcum powder. When it was decided that the 3rd Circuit ruled that this bankruptcy was invalid some months ago, the stay was removed. J&J had hoped to have it continue in the meantime of hearing the SCOTUS appeal. But, no.
April 1, 2023 Update: Johnson & Johnson announced it will appeal its 3rd Circuit bankruptcy loss to the U.S. Supreme Court last week. The likelihood that the Supreme Court is willing even to take up the appeal? Low.
March 16th 2023 Update: With the bankruptcy stay having been officially lifted, the first new cases were filed and incorporated into the talcum powder class action MDL in over one year. Seven new talc cases were added to the MDL during the month of March increasing the number of cases that are pending to 37,522.
February 25 2023 Update This morning, a Congressmen from Tennessee has now demanded that The U.S. Government Accountability Office (GAO) launch an investigation into the cost J&J product containing talc has cost the government in the years.
A recent email to the GAO, Rep. Steven Cohen (D-Ten.) in a recent letter to the GAO, Rep. Steven Cohen (D-Ten. J&J of failing to recognize the dangers of its talc products for decades while tax dollars were utilized to treat people injured by exposure to the product. The demand comes just weeks after J&J’s loss to the 3rd Circuit Court of Appeals.
Talc same as talcum powder. J&J has to begin making reasonable settlement proposals for victims in order the process of putting all this behind it. This is a disgrace to one of the most prestigious firms.
February 14 2023 Update: At a hearing today at the hearing in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention to follow the third U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.
You May be Entitled to Significant Compensation Talc same as talcum powder. 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!