You May be Entitled to Significant Compensation Asbestos free talc. 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 make payments of 400 million dollars to US state AGs. Asbestos Free Talc .
Johnson & Johnson (JNJ.N) has set aside $400 million to resolve U.S. state consumer protection actions as part of a broad $8.9 billion settlement of allegations that its Baby Powder as well as other talc products cause cancer. Asbestos free talc.
J&J subsidiary LTL Management filed a bankruptcy plan in New Jersey late on Monday which outlines how the company plans to pay different kinds of cancer sufferers in a bankruptcy settlement. Asbestos free talc. J&J has claimed that its Talc products are safe and will not cause cancer. J&J is seeking a second time to resolve more than 38,000 lawsuits in bankruptcy and prevent new cases from being filed in the near future.
LTL’s bankruptcy plan will pay $400 million into an additional trust to settle claims made by state attorneys general alleging that J&J did not comply with state unfair business practices and consumer protection laws through misleading consumers about the dangers of its talc products.
Several states had begun consumer protection measures against J&J prior to LTL’s bankruptcy filing stopped those investigations from moving forward in 2021. Asbestos free talc. New Mexico and Mississippi had already brought lawsuits with 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 documents.
New Mexico and Mississippi have taken steps to halt the bankruptcy of LTL as well as cancer patients and those affected by cancer and the U.S. Justice Department’s bankruptcy watchdog, who argue that a profit-making business like J&J does not qualify for bankruptcy protections intended for those struggling with debt.
The first attempt by LTL to resolve the bankruptcy lawsuits was dismissed after similar arguments. The U.S. appellate court ruled the LTL wasn’t in “financial trouble” and ineligible under bankruptcy law. Asbestos free talc. LTL had filed for bankruptcy again less than two hours after that dismissal, arguing that the second bankruptcy was different due to the fact that there was less money available and had more support for a settlement.
New Mexico and Mississippi said in their motion to dismiss that LTL’s bankruptcy renewal violates the state’s law enforcement authority in attempting to unilaterally limit the company’s liability for state consumer protection measures.
Asbestos Free Talc
LTL’s recent filings also provided more details on the way in which the company will evaluate and pay claims for cancer if the bankruptcy plan is approved.
The maximum amount under the settlement will be $500,000 for people diagnosed with cancer of the mesothelioma ovary before age 45 and $260,000 for patients diagnosed with terminal ovarian cancer before age 45.
From there, the proposed settlement provides discounts based on the type and severity of cancer, the patient’s years of age, their history of usage of talc and other variables. Asbestos free talc. For example, a woman who used daily talc products, had a family history of ovarian cancer and was diagnosed the stage 2 ovarian cancer at the age of 55 might qualify for a $21,125 payment under the settlement plan.
Judge orders J&J, talc opponents to engage in settlement talks.
After 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 company as well as those who oppose the plan to hold settlement talks, Bloomberg reports.
The second time it attempted to file for bankruptcy for LTL Management, a subsidiary set up by J&J to hold the claims–the company offered a settlement of $8.9 billion. Asbestos free talc. While a firm representing plaintiffs agree with the proposal, another group is opposed to the offer.
Earlier this week, the opposition group, which is known as the Official Committee of Talc Claimants, urged the bankruptcy court to dismiss the case by arguing that LTL is not a factor to be in financial trouble.
“The filing is an incredibly legal and ineffective attempt by a handful of law firms to stop claimants from voting on the resolution plan – a plan that the overwhelming majority of claimants approve of,” J&J’s litigation chief Erik Haas, said in a statement. Asbestos free talc. “The law firms behind this filing have financial interests that do not align with, diverge from and oppose the interests they represent. We will be submitting an answer in the appeals court.”
Asbestos free talc. Clay Thompson, a lawyer for MRHFM which includes more than mesothelioma patients who have sued J&J claimed that the second bankruptcy attempt of J&J will fail.
“J&J sends out press releases describing how fantastic its plan is while simultaneously insisting that the plan’s details, including what the individual sick individuals would be treated to,” Thompson said in a statement. “What does the company have to cover up?”
Kaplan has instructed the sides to devise a second strategy for reorganization, under the supervision from two mediators.
On February 20, 2022 Kaplan confirmed J&J’s recourse to Chapter 11 to hasten a settlement that would relieve the company from the tens of thousands of claims over its talcum products.
However, in the month of January, an appeals court of the federal government overturned the ruling, ruling that the company could not be considered in “financial distress.”
When J&J’s attempt to appeal to the U.S. Supreme Court was rejected in April, J&J filed for its second bankruptcy just two hours after. In response, Kaplan froze the lawsuits for 60 days in order to determine whether to allow to file for bankruptcy again.
J&J’s unstoppable profit machine sputters after $6.9B cost of litigation involving talc.
With Two Chapter 11 attempts, J&J has purchased 19 months of which cases were put suspended. Asbestos free talc. The company wants claimants to vote on accepting their settlement. J&J would need 75% acceptance for the deal to go through.
In addition to the group of talc lawyers who criticised the company’s bankruptcy play and the U.S. Trustee is an arm of the U.S. Department of Justice is also submitting an appeal to dismiss LTL’s second bankruptcy.
In a statement this week, U.S. trustee Andrew R. Vara wrote that the doors of the bankruptcy court are “open to honest but unfortunate debtors.” These doors “are not open to any parties that do not have a legitimate reason or want to use bankruptcy to hinder or delay their creditors.” Vara continued.
To its credit, J&J maintains there is no proof conclusive that their products containing talc, such as the famous baby powder, cause cancer. J&J has been taking the products of the market first to be available in North America in 2020–and the rest of the world this year.
J&J seeks to avoid the costly business of going to trial. The company has won the majority of cases that have been decided through trial, though certain losses have been punitive.
A highly publicized trial in Missouri ended in a $4.7 billion verdict against the drug company, which was later reduced to $2.1 billion following appeals.
Johnson & Johnson faces high-stakes hearing over ‘Texas Two Step’ talc strategy: report
Overall, J&J has lost nine trial cases in talc which are appealing or settled. Out of 41 trials, 32 have ended in winning for J&J, a mistrial or verdict for a plaintiff that was annulled in appeal. Asbestos free talc. The company also in 2020 negotiated to settle around 1000 cases at a cost of the sum of $100 million. Bloomberg stated at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Asbestos Free Talc
Our lawyers are handling baby powder lawsuits across all 50 states. The talcum powder lawsuits against Johnson & Johnson have been ongoing for many years. Asbestos free talc. The lawsuits allege that prolonged use of talcum powder (or “talc”), the active ingredient found in products such as the Baby Powder or Shower to Shower as well as other products, may cause ovarian cancer in certain women.
This page offers the J&J talc power litigation update and provides an overview of how the upcoming bankruptcy ruling will impact the final settlement amount of these Ovarian Cancer lawsuits.
Did the deadline expire for you to file a talcum powder lawsuit? Many who believe that the statute of limitations has run out to file a lawsuit against Johnson & Johnson are wrong. Contact us now at 800-553-8082 or get a free and quick case review online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Asbestos Free Talc
June 2 2023 Update: In the asbestos talc trial that took place in California yesterday, a couple of technical issues halted the opening speech of defense lawyers. Asbestos free talc. Jurors watching from home via Zoom and hearing the Johnson & Johnson’s lawyer expressing doubt about the 70s research asserting the presence of asbestos in their product prior to the trial was abruptly closed.
In the meantime, the plaintiff was able to present its first expert witness Arthur Langer. Langer explained that the occurrence of other minerals alongside talc is inevitable. He said that his team had notified J&J in the year 1971 of the presence of chrysotile asbestos within the talc produced by the company, although at just 0.1 percent. He also uncovered more asbestos in the year 1976.
June 1, 2023 Update: Asbestos free talc. A trial for the first time since J&J decided to spin off its talc segment and file for bankruptcy marks an important moment of the ongoing lawsuit story. The trial began on Tuesday in the harrowing trial of a young plaintiff, diagnosed with an aggressive and rare form of mesothelioma earlier this year. which lawyers on both sides believe is a tragic loss.
Opening statements revealed the distinct differences between each side’s story. The attorney representing the plaintiff took aim against Johnson & Johnson, alleging that the company employed deceitful methods in their research practices as well as throughout the litigation process. The attorney claims that, according to, Johnson & Johnson tried to alter asbestos’ definition, in spite of internal documents from 1998 and 1994 that show asbestos fibers in the tissue of the plaintiff are included.
Johnson & Johnson’s uncertain $8.9 billion settlement deal hangs in the balance with the progress of this trial. Despite the unique nature of this mesothelioma lawsuit and the unique issues it faces compared to other lawsuits involving talcum powder, a verdict favoring the plaintiff could inflict the company with a major setback in its hopes for broad acceptance of their proposed settlement among plaintiffs.
May 31, 2023 Update: Johnson and Johnson’s bankrupt talc division strongly defended its two-time Chapter 11 filing in the in the face of challenges from injured talc claimants. In an opposition filed with the New Jersey bankruptcy court, it argued that the situation was vastly different from the prior filing. The subsidiary emphasized the record-breaking commitment to $8.9 billion by J&J which is the largest settlement ever made in any bankruptcy case that involves mass tort. Asbestos free talc. The issue is not discussed: whether the size of the settlement means it is a fair settlement. J&J also claimed support from a variety of plaintiffs’ law firms representing more than 600,00 claimants. This is hard to verify but it’s likely to be false.
May 24 2023 Update: Following Johnson &J Johnson’s bankruptcy filing, the first trial concerning its cosmetic talc items allegedly with asbestos content is scheduled to commence jury selection on Monday, California at Alameda County Superior Court, which is a well-known place for plaintiffs. The plaintiff asserts that his mesothelioma was triggered by asbestos exposure through J&J’s products, an allegation that the company has denied. The trial also includes six retailers who are accused of selling talc-containing products.
May 22nd, 2023 Update: Lawyers involved in the second J&J Talc bankruptcy are currently in a dispute over who should be appointed to the role of a future claims representative. This is a role that is critically essential in resolving the claims involving talc. Asbestos free talc. Randi Ellis, a lawyer who frequently appears in MDLs throughout the United States was appointed the claims representative in the previous bankruptcy. J&J’s defense attorneys want Ellis to be appointed to this position in the future, however lawyers representing the talc plaintiffs are objecting on the grounds that Ellis has an interest conflict which should stop her from being appointed to that post in the future. The issue stems from the possibility that Ellis was reportedly involved in the drafting of the highly litigated second bankruptcy, which raises questions about her capacity to be neutral. In reality, the bankruptcy will be dismissed regardless.
May 17th, 2023 Update: The pretend company that J&J made up for the talc litigation bankruptcy informed an New Jersey bankruptcy court that they had allocated $400 million as a settlement for allegations made by states who accuse the company of misleading advertising regarding its talc products. Asbestos free talc. That’s an $8.5 billion settlement for cancer sufferers. It’s hard to imagine a scenario where J&J will be able to push these settlements for babies at these numbers. While J&J’s $8.5 billion offer may seem like a lot of money initially, it does not appear appealing when you look at the numbers. This settlement proposal – by our rough calculations, would not offer victims anything more than $100,000 per case. That is not enough.
May 15, 2023 Update: J&J is potentially facing a lawsuit brought by an advocacy group representing cancer victims. Asbestos free talc. The group contends that J&J deliberately retracted a $61.5 billion fund-raising agreement in conjunction with its affiliate, LTL Management LLC, in order to create a false sense of financial distress and confirm the unit’s Chapter 11 bankruptcy filing. The group claims that this move is a fraud transfer of victims’ compensation rights. They will investigate J&J’s actions in the wake of the dismissal of LTL’s first bankruptcy case.
May 10 2023 Update: During the next week, next week, the U.S. Bankruptcy Court in New Jersey will hear oral arguments on a petition to dismiss the second bankruptcy application from J&J company LTL Management. In the meantime, however this bankruptcy court has issued an Order which requires both sides to take part in a new settlement negotiation with the hopes of achieving the global settlement can be come to fruition.
May 5, 2023 Update: The talc supplier Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to many lawsuits claiming that its talc products cause cancer from asbestos exposure. Asbestos free talc. Over 2,700 people have sued the firm and it has been spending $1 million a month to defend itself. The company’s recent $29 million settlement on the state of South Carolina forced it to seek bankruptcy protection, arguing for an equitable distribution of assets between talc claimants rather than being confiscated from the receiver. Other suppliers of talc have filed for bankruptcy due to the litigation.
May 4, 2023 Update U.S. The bankruptcy Judge Michael Kaplan has directed Johnson & Johnson to restart talks on settlement with lawyers who turned down the company’s proposed $8.9 billion deal. The court in Trenton, New Jersey yesterday, the parties appeared in court to discuss the 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. The baby powder settlement is likely to be achieved. Asbestos free talc. However, it will require more money – more billions of dollars – from Johnson & Johnson.
Lawyers are divided over whether to accept the proposal and not all clients view the issue in the same manner their lawyer views it. The second bankruptcy case is likely to fail, and Judge Kaplan has scheduled a hearing for June to decide if he will discharge the bankruptcy for the 2nd time.
May 3, 2023 Update The group of cancer victims suing Johnson & Johnson (J&J) requested an order from they request that 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 of talc claimants submitted a motion on Tuesday asking for the Third Circuit to consider their case and send it back the lower court, with instructions to dismiss the bankruptcy. Asbestos free talc. They also asked that the stoppage of tort litigation against J&J be allowed to continue.
LTL has filed for Chapter 11 protection once again after its first bankruptcy filing was rejected in the Third Circuit earlier this year with the possibility of an $8.9 billion settlement. The committee argues that the recent decision allowing LTL’s second Chapter 11 to continue, while also halting trials against J&J and J&J, requires immediate Third Circuit review. The US Trustee also asked that the New Jersey bankruptcy court dismiss the LTL bankruptcy case. J&J’s vice president for global litigation, Erik Haas, was quoted by Bloomberg declaring that J&J intends to file a reply in the appeals court characterizing the filing as a “desperate and legally flawed attempt” by a few of law firms that have conflicts of financial interests.
May 1, 2023 Update: One frequently asked question is how could the plaintiffs’ lawyers and their clients turn down $8.9 billion. Of course, that’s quite a sum. But there are a lot of victims. Asbestos free talc. And these are really good arguments for plaintiffs. We were reminded of this recently by two talc-related trials that resulted in big verdicts for the plaintiffs. In February, a talcum powder mesothelioma trial in Oregon resulted in an award of $18.1 million. A month later, another talc mesothelioma case went to hearing at South Carolina and resulted in an award of $29 million on behalf of the plaintiff. It was the same defendant as in these cases: Whittaker, Clark & Daniels Inc. One of the top producers of talc in the U.S.
April 30th 2023 Update: In the year 2023, when J&J initially attempted to pull the talcum powder lawsuit into bankruptcy, it was met with the option of putting aside $2 billion for settlements. The sum was ridiculously low. All of the talc plaintiffs believed in the proposal. This time around, however, J&J has increased the offer to $8.9 if the talc plaintiffs accept a bankruptcy settlement and also has the support of a substantial portion of the talc plaintiffs and their attorneys. Asbestos free talc. But with 75% of plaintiffs of talc are required for bankruptcy plan approval is a difficult road because of the number of lawyers who have vast collections of baby powder-related lawsuits, opposed in favor of the deal.
What is the solution to this impasse? More billions.
April 25 2023 Update Talc cancer claimants have sought a court order to disqualify their Chapter 11 case filed by LTL Management LLC, a absurdly fabricated Johnson & Johnson subsidiary, saying the company is not financially strained. LTL applied for Chapter 11 to settle tens of thousands of claims that J&J’s baby powders cause cancer. Asbestos free talc. LTL was denied Chapter 11 in January. 3rd Circuit dismissed its first Chapter 11 case in January and said that the company wasn’t eligible to receive bankruptcy relief because it had not demonstrated financial stress.
The claimants argue that the third Chapter 11 case is an fraud on the bankruptcy system and that it is being pursued in bad good faith. J&J asserts that the bankruptcy settlement is backed by “significant support” from companies representing approximately 60,000 people who are claiming. It’s fair to say plaintiffs’ lawyers and victims are divided over what they believe is an $8.9 billion settlement offer.
April 21st, 2023 Update: A bankruptcy judge decided the company Johnson & Johnson must face new lawsuits claiming that the company offered a baby powder with a contaminant that caused cancer. Although the trials for the lawsuits involving talc are delayed for a minimum period of 60 days but new lawsuits can be filed, and lawyers may begin to prepare their cases. Asbestos free talc. The judge expressed his doubts about J&J’s pathetic attempt to relaunch its strategy in a second bankruptcy trial.
April 13 2023: Update on the biggest news is the $8.9 billion over the next 25 years offer for settlement. Lawyers representing cancer victims involved in MDL class action MDL collective action promised to fight the settlement alongside Talc claimants. Why? They think it is not enough to pay for more than 70,000 cancer victims. Asbestos free talc. These lawyers believe that J&J should negotiate a larger settlement or settle individuals’ claims if the current bankruptcy is dismissed.
However, there is a second group of lawyers outside of the top leadership in that class action. The lawyers collectively have accumulated hundreds of thousands of cases. The group is seeking to settle now in what many believe to be less than the victims deserve. The argument they make is two-fold. First, they argue the settlement – about an average of $100,000 per plaintiff is fair.
It’s a difficult argument to argue. But their second argument has more substance: the victims will now not wait and they want the money immediately.
April 12 2023 Update: Some people are wondering if J&J could file for bankruptcy again. The answer is complex and convoluted. Let’s try to clarify it clearly.
Johnson & Johnson asserts that bankruptcy is the only means to deal with both present and future talc lawsuits conclusively. It believes it can pay less if there is a bankruptcy component that applies pressure for a settlement. Asbestos free talc. Going back to 400 years of American past, the company argues that bankruptcy benefits everyone by dispersing settlement payments more equitably and efficiently than trial courts, in which some litigants receive substantial payouts, while others are left with nothing.
The essence of the 3rd Circuit decision was this is not a case of an enterprise that is profitable, forming an affiliate to accept the legal burden and declare bankruptcy, which is what Congress thought of when drafting its Bankruptcy Code. It also clarified that the subsidiary was not in financial distress due to the fact that J&J assured it of unlimited funding.
Then J&J jumped on the funding unlimited part of the contract and didn’t promise to provide unlimited funding for litigation. The company claims that updated financing arrangements with its subsidiary addresses the appeals court’s concerns, while providing funds for claims. As if providing victims with less money would solve the problem at hand.
Attorneys representing cancer patients who are against the agreement argue this argument by saying that it is the legal argument. Asbestos free talc. They counter with 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 this the biggest “fraudulent deal in United States history.”
In spite of the legal jargon, J&J does not really think that the bankruptcy will endure. But it is a way of trying to push this $8.9 billion settlement, and to keep the pressure on plaintiffs.
April 10, 2023 update: Bloomberg is running an intriguing piece on a law that has been passed that has been passed in New Jersey that is shedding new light on the funding of litigation in the plaintiffs in the class action. Funders for litigation Virage Capital Management and TRGP Capital invested in hundreds of lawsuits from Johnson & Johnson (J&J) concerning talc products in exchange for a portion of any profits. J&J is now willing to pay $8.9 billion to settle any lawsuits.
The funders’ involvement is made public due to an New Jersey court rule requiring the disclosure of certain information about funders outside the state. The rules aim to respond to the increasing calls for the regulation of litigation funders. J&J has more than 60,000 claims when you include state and federal infant powder litigation. Third-party financing in mass tort cases has both pros and cons. However, there is no doubt that we are seeing the ways that third-party funding can even the playing field between individuals as well as large corporations in court.
April 4 2023 Update: It is enjoyable to see the worm turning in this case. J&J was hit again this week when it was found that the Third Circuit denied J&J’s request to maintain the automatic stay as J&J appeals an appeal at the U.S. Supreme Court. Automatic stays have stopped thousands of talcum powder cases and stopped any new lawsuits from arising ever since J&J initiated the controversial effort to spin the talc debts into a bankrupt subsidiary over a year earlier. Asbestos free talc. When it was decided that the 3rd Circuit ruled that this bankruptcy was not legal only a few months back, the stay was removed. J&J had hoped to have it continue in the meantime of hearing the SCOTUS appeal. However, 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 of the Supreme Court is willing even to accept the appeal? Low.
March 16, 2023 Update: with the bankruptcy stay being in effect, the first new cases were filed and incorporated into the class action for talcum powder MDL in just over a year. Seven new talc cases were joined to the MDL in the past month increasing the number of cases pending to 37,522.
February 25, 2023 Update The following information is available: A Congressmen from Tennessee is now requesting that the U.S. Government Accountability Office (GAO) begin an investigation to determine how much J&J talc products have cost the government over the many years.
In a recent letter to the GAO, Rep. Steven Cohen (D-Ten.) claimed that J&J of not recognizing the risks of its talc product for many years, while tax dollars were spent on treating people who suffered injuries from exposure to the chemicals. The lawsuit comes just a few weeks following J&J’s dramatic loss in the 3rd Circuit Court of Appeals.
Asbestos free talc. J&J needs to start making fair settlement offers to victims to getting this behind. It is a stain on one of the top businesses.
February 14 , 2023 Update: At an earlier 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 Asbestos free talc. 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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