You May be Entitled to Significant Compensation Do all talc products have asbestos. 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 provide 400 million dollars to US state AGs. Do All Talc Products Have Asbestos .
Johnson & Johnson (JNJ.N) has set the amount of $400 million for resolving U.S. state consumer protection actions as part of a broader $8.9 billion effort to settle allegations that it’s Baby Powder and other talc-based product causes cancer. Do all talc products have asbestos.
J&J subsidiary LTL Management filed a bankruptcy plan in New Jersey late on Monday that outlines how the firm intends to pay for different types of cancer sufferers in a bankruptcy settlement. Do all talc products have asbestos. J&J has claimed that its Talc products are safe and do not cause cancer. It’s trying for another time to settle more than 38,000 lawsuits in bankruptcy and stop new cases from being filed in the near future.
LTL’s bankruptcy plans would deposit $400 million to a separate trust for claims brought from state attorney generals alleging that J&J had violated states’ unfair practices as well as consumer protection laws by misinforming consumers about the security of its talc-based products.
Several states had begun consumer protection actions against J&J prior to the time that LTL’s bankruptcy filing stopped these investigations from moving forward in 2021. Do all talc products have asbestos. New Mexico and Mississippi had already initiated lawsuits with Johnson & Johnson before then and the states of Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative requests or subpoenas in LTL’s court documents.
New Mexico and Mississippi have moved to dismiss LTL’s bankruptcy in a joint move with cancer victims as well as their counterparts from the U.S. Justice Department’s bankruptcy watchdog, who have argued that a successful firm like J&J can’t benefit from bankruptcy protections intended for struggling debtors.
LTL’s first attempt at resolving the bankruptcy lawsuits was thrown out after similar arguments. A U.S. appeals court decided that LTL wasn’t in “financial financial distress” and was not eligible for bankruptcy protection. Do all talc products have asbestos. LTL made a new bankruptcy application in just two hours following the dismissal, arguing its second attempt was different due to the fact that it was able to borrow less and more backing for the possibility of settling.
New Mexico and Mississippi said in their motion to dismiss LTL’s bankruptcy renewal violates the state’s law enforcement authority by attempting unilaterally to cap the liability of the company for state consumer protection actions.
Do All Talc Products Have Asbestos
LTL’s new filings also included additional details about the way in which the company will evaluate and settle cancer claims if the bankruptcy plan is approved.
The most significant payments under the settlement would be $500,000 for people diagnosed with mesothelioma that is terminal before age 45, and $260,000 for patients diagnosed with advanced ovarian cancer before age 45.
The proposed settlement will offer discounts based on the nature and severity of cancer, an individual’s age, the history of using talc and other factors. Do all talc products have asbestos. For instance, a woman who used talc products on a weekly basis, who had an ancestral history of ovarian cancer and was diagnosed with stage II ovarian cancer when she was 55 could be in line to receive a payment of $21,125 according to the plan.
Judge orders J&J and talc opponents participate in settlement talks.
Following another hearing in Johnson & Johnson’s effort to employ a Texas Two Step bankruptcy strategy for talc litigation and federal bankruptcy judge Michael Kaplan has ordered the company as well as those who oppose the move to conduct talks to reach a settlement, Bloomberg reports.
With its second bankruptcy attempt for LTL Management, a subsidiary created by J&J to hold the claims–the company proposed a settlement of $8.9 billion. Do all talc products have asbestos. While one firm representing plaintiffs agree with the offer, another group opposes the move.
Earlier this week, the opposition group, which is known as”The Official Committee of Talc Claimants requested the bankruptcy court for dismissal of the matter arguing that LTL cannot be regarded as in financial distress.
“The filing is an incredibly legal and ineffective attempt by a few of law firms to stop claimants from deciding on the resolution plan, a plan the vast and growing majority of claimants favor,” J&J’s litigation chief Erik Haas, said in an announcement. Do all talc products have asbestos. “The law firms involved in these filings have interests in finance that clash with, contradict and infringe on the rights of their clients. We’ll be submitting an answer before the court of appeals.”
Do all talc products have asbestos. Clay Thompson, a lawyer for MRHFM that includes more than patients with mesothelioma who have sued J&J claimed that J&J’s second bankruptcy attempt will fail.
“J&J issues press releases describing how fantastic its plan is while simultaneously requesting that details of the plan, such as what individuals with illnesses would receive,” Thompson said in an email. “What does the company have to keep secret?”
Kaplan has commanded the parties to develop a new arrangement plan under supervision from two mediators.
As of February 2022 Kaplan confirmed J&J’s recourse to Chapter 11 to hasten a settlement that would release the company from the hundreds of thousands of claims concerning its talcum products.
However, in the month of January, an appeals court of the federal government overturned the ruling, ruling that the company was not able to be considered in “financial financial distress.”
When J&J’s attempt to appeal to the U.S. Supreme Court was rejected on April 1, J&J applied for its first bankruptcy roughly two hours later. In response to that move, Kaplan froze the lawsuits for 60 days, allowing the company to decide whether to allow an additional bankruptcy.
J&J’s unstoppable profit machine sputters after $6.9B cost of litigation involving talc.
Through Two Chapter 11 attempts, J&J has been able to buy 19 months in which cases were put held. Do all talc products have asbestos. The company wants claimants to vote on accepting their settlement. J&J requires 75% of the vote in order for the agreement to be accepted.
Alongside the group of talc attorneys who have panned LTL’s bankruptcy plan, the U.S. Trustee which is a division belonging to the U.S. Department of Justice was also the one to file an application 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 remain “open to honest, but naive debtors.” Those doors “are not open to parties that don’t have a legitimate bankruptcy reason or want to abuse the bankruptcy process to hinder or delay their creditors.” Vara continued.
For its part, J&J maintains there is no proof conclusive that their talc products, including the famous baby powder, cause cancer. J&J has been taking the products of the market, first on North America in 2020–and the rest of the world later this year.
J&J intends to steer clear of the expense of going to court. It has won the majority of cases that have been resolved at trial, but some losses have been severe.
A well-known trial in Missouri produced a $4.7 billion verdict against the drugmaker 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 trial cases in talc which are appealing or concluded. Out of 41 trials, 32 have resulted in winning for J&J, a mistrial or plaintiff verdicts that were overturned after appeal. Do all talc products have asbestos. Additionally, the company in 2020 moved to settle around 1,000 cases worth $100 million, Bloomberg stated at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Do All Talc Products Have Asbestos
Our lawyers handle baby powder lawsuits in all 50 states. The talcum powder lawsuits on behalf of Johnson & Johnson have been ongoing for many years. Do all talc products have asbestos. The lawsuits allege that prolonged use of talcum powder (or “talc”), the active ingredient in products such as the Baby Powder along with Shower to Shower which can cause ovarian cancer in some women.
This page provides the J&J talc power litigation update and examines how the coming bankruptcy ruling impacts the ultimate settlement amounts of these ovarian cancer lawsuits.
Did the deadline expire for you to make a claim for talcum powder? Many people who think the statute of limitations has run out to sue Johnson & Johnson are wrong. Call us now at 800-553-2082 or request a no-cost and quick case review online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Do All Talc Products Have Asbestos
June 2, 2023 Update: During the asbestos talc trial in California yesterday, technical issues disrupted the opening statements of the defense attorneys. Do all talc products have asbestos. The jurors, attending from their homes via Zoom and hearing the Johnson and Johnson’s lawyer express skepticism about the 70s science that claimed asbestos was present in their product, but the session abruptly ended.
The plaintiff was able to present its first expert witness Arthur Langer. Langer stated that the presence of other minerals alongside the talc mineral is a given. He also testified that his team was notified by J&J in the year 1971 of the presence of chrysotile asbestos the talc produced by the company, although at less than 0.1 percent. The asbestos was discovered by him in the year 1976.
June 1st, 2023 Update Do all talc products have asbestos. First trial after J&J decided to spin off its talc division and declare bankruptcy marks a pivotal moment within the ongoing lawsuit story. The trial began on Tuesday in the poignant 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 acknowledge is a tragic loss.
Opening statements revealed sharp differences in the two sides’ narrative. The attorney for the plaintiff took aim against Johnson & Johnson, alleging the use of deceitful tactics in research practices and throughout the litigation process. The attorney claims that, according to, Johnson & Johnson tried to alter the definition of asbestos in spite of internal documents dating from 1978 and 1994 showing that fibers discovered in the tissues of the plaintiff are part of.
Johnson & Johnson’s precarious $8.9 billion settlement is hanging in the balance with the progress of this trial. Despite the unique nature of this mesothelioma case and its unique challenges compared to the majority of talcum powder lawsuits ruling in favor of the plaintiff could result in an enormous setback for J&J’s hope of gaining broad acceptance for their settlement proposal among plaintiffs.
May 31st 2023: Update from Johnson and Johnson’s bankrupted talc unit has vigorously defended their 2nd Chapter 11 filing in the facing challenges from injured talc claimants. In an objection submitted to the New Jersey bankruptcy court, the subsidiary argued that the filing was distinct from the earlier filing. It also emphasized the unprecedented commitment of $8.9 billion to J&J which is the largest settlement ever made in a mass tort bankruptcy case. Do all talc products have asbestos. The issue is not discussed: whether the magnitude of the settlement indicates that it is an equitable settlement. J&J also claimed support from several plaintiffs’ legal firms that represent over the 60,000 plaintiffs. It is difficult to confirm but likely incorrect.
May 24 2023 Update: As of Johnson and Johnson’s bankruptcy filing in 2021 filing, the very first trial on its cosmetic talc products that are believed to comprised of asbestos is set to start jury selection Monday, May 24, California in Alameda County Superior Court, an historically reliable court for plaintiffs. The plaintiff asserts that his mesothelioma resulted from asbestos exposure through J&J’s products which J&J is denying. The trial also includes six retailers accused of selling talc-containing products.
May 22nd, 2023 Update Lawyers involved in the 2nd J&J talc bankruptcy are disputing who should be chosen to fill the role of the future claims representative, a role that is critically critical to resolving Talc claims. Do all talc products have asbestos. 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 again, but lawyers for the plaintiffs in talc are arguing due to the fact that Ellis has an unrelated conflict of interest which would prohibit her from being appointed to that post again. The dispute stems from possibility that Ellis was involved in the drafting of the highly contested second bankruptcy, which raises doubts about her ability to be neutral. However, the reality is that this bankruptcy could be dismissed regardless.
May 17, 2023 Update: The fake company J&J created to handle the bankruptcy of talc told a New Jersey bankruptcy court that they have set aside $400 million to pay the claims of states that accuse the company of deceitful advertising for its talc product. Do all talc products have asbestos. This amounts to an $8.5 billion settlement for cancer victims. It’s hard to imagine a scenario where J&J will be able to push the baby powder settlements in these figures. Although J&J’s $8.5 billion offer might seem like a lot initially, it will not appear appealing when you consider the math. The settlement plan based on our rough calculations, would not be able to pay victims more than a median settlement of $100,000 per case. That’s not enough.
May 15, 2023 Update J&J may be in the middle of a lawsuit by an advocacy group that represents cancer victims. Do all talc products have asbestos. The group claims J&J intentionally canceled an $61.5 billion funding agreement in conjunction with its affiliate, LTL Management LLC, to simulate financial distress and validate the unit’s Chapter 11 bankruptcy filing. The group claims that this move amounts to a fraudulent transfer of rights of compensation for victims. They are planning to study J&J’s actions following of the dismissal of LTL’s first bankruptcy suit.
May 10 2023 Update: During the next week this week, this week the U.S. Bankruptcy Court in New Jersey will hear oral arguments in a motion dismiss the second bankruptcy application that was filed by J&J subsidiary LTL Management. In the meantime, however LTL Management has filed an order that requires both parties to take part in a second settlement mediation hoping that a global settlement deal can been reached.
May 5, 2023 Update: Talc provider Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to numerous lawsuits alleging that its Talc products caused cancer through asbestos exposure. Do all talc products have asbestos. More than 2700 people have filed lawsuits against the company, and it was spending $1 million a month to defend its legal position. The company’s latest $29 million verdict in South Carolina forced it to seek bankruptcy protection, arguing that assets should be distributed in an equitable manner to talc claimants, rather than being taken over from the receiver. Other suppliers of talc have been forced to file for bankruptcy as a result of 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 deal. It was in Trenton, New Jersey yesterday the parties appeared before a judge to discuss next steps for this second case of bankruptcy. Judge Kaplan has pushed for further settlement talks.
This is the answer to resolve these claims for J&J. The baby powder settlement is likely to be achieved. Do all talc products have asbestos. But it’ll need 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 views this issue the same way their attorney does. A second bankruptcy proceeding is bound to fail and Judge Kaplan has scheduled a hearing for June to decide if he will close the case for the third time.
May 3 2023 Update: A group of cancer patients who have sued 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 a bid to stop the litigation surrounding talc-based products. The group of talc claimants made a motion Tuesday, asking the Third Circuit to consider their case and then send it back before a court of lower jurisdiction with instructions for dismissing the bankruptcy. Do all talc products have asbestos. They also asked that the halted tort litigation against J&J allow the litigation to continue.
LTL applied for Chapter 11 protection once again after its bankruptcy filing was denied by the Third Circuit earlier this year and offered an $8.9 billion agreement. The committee argues that the recent ruling which allowed the second Chapter 11 to continue, while also halting trials against J&J is a reason for immediate Third Circuit review. The US Trustee has also requested the New Jersey bankruptcy court dismiss the LTL bankruptcy case. J&J’s global vice-president of litigation Erik Haas, was quoted by Bloomberg declaring that J&J plans to file a formal response in the appeals court declaring the filing a “desperate and legally inadequate attempt” by a few of law firms who have different financial interests.
May 1st 2023 Update: A question people keep asking is how the plaintiffs’ lawyers and their clients turn on $8.9 billion. Of course, it’s a lot of money. There are a lot of victims. Do all talc products have asbestos. They are a great arguments for plaintiffs. We were reminded of this recently in two talc trials which ended in large verdicts for plaintiffs. In February the mesothelioma case involving talcum powder trial in Oregon was settled with the verdict worth $18.1 million. The following month, a second talc mesothelioma case went to trials at South Carolina and resulted in a verdict of $29million on behalf of the plaintiff. Both cases were defended by Whittaker, Clark & Daniels Inc. one of the leading suppliers of talc within the U.S.
April 30th 2023 Update: When J&J initially tried to take the talcum powder lawsuit into bankruptcy, they 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 believed in the proposal. However, this time, J&J has increased the offer to $8.9 in the event that the talc victims will allow a bankruptcy settlement and they also have the support of a substantial segment of the talc plaintiffs and their lawyers. Do all talc products have asbestos. But with 75% of plaintiffs who are a talc, which is necessary for bankruptcy plan approval, it a tough road since there are so many lawyers with huge inventory of baby powder-related lawsuits, opposed to the settlement.
What could solve the impasse? More billions.
April 25, 2023, Update Talc Cancer victims have requested a judge to dismiss the Chapter 11 case filed by LTL Management LLC, a ridiculously made-up Johnson & Johnson subsidiary, saying the company is not financially troubled. LTL has filed for Chapter 11 to settle tens of thousands of claims that J&J’s baby-powders caused cancer. Do all talc products have asbestos. The 3rd Circuit dismissed its first Chapter 11 case in January, saying the company wasn’t eligible for bankruptcy relief as it did not show financial distress.
The plaintiffs argue that LTL’s second Chapter 11 case is an overreach of the bankruptcy system and it’s being conducted in bad faith. J&J states that the bankruptcy settlement is backed by “significant backing” from firms representing about 60,000 potential claimants. It is fair to say that the plaintiffs’ attorneys and the victims are split over what they believe is an $8.9 billion amount of settlement offered.
April 21st, 2023 Update: A bankruptcy judge has ruled that Johnson & Johnson must face new lawsuits claiming that the company sold baby powder that was contaminated and causing cancer. Although the trials for the talc lawsuits have been suspended for at least 60 days however, new lawsuits may be filed and lawyers are able to begin preparing their cases. Do all talc products have asbestos. The judge expressed skepticism over J&J’s attempt to revive its strategy with the second bankruptcy case.
April 13 2023: Update on the big announcement is an $8.9 billion over the course of 25 years settlement offer. Lawyers representing cancer victims within MDL class action MDL collective action pledged to fight the settlement with Talc claimants. Why? They believe it’s too little money for the those suffering from cancer who are 70,000. Do all talc products have asbestos. They argue that J&J could negotiate a greater settlement or litigate individuals’ claims if the current bankruptcy is thrown out.
But there’s a separate group of lawyers that is not part of the top leadership in this class action. These lawyers have amassed many thousands of cases. The group is seeking to settle in what many believe to be less than these victims deserve. Their argument appears to be twofold. The first is that they claim the settlement – about an average of $100,000 per plaintiff – is fair.
That is a hard argument to present. But their second argument has more force: victims should now not wait and they want their money today.
April 12 2023 Update: Many are looking for ways J&J could file for bankruptcy again. The answer is complex and complex. But let’s try to explain it in simple terms.
Johnson & Johnson asserts that bankruptcy is the only option to address both present and future lawsuits involving talc conclusively. That is, it believes that it will be less expensive when there is the bankruptcy element which applies pressure to negotiate a settlement. Do all talc products have asbestos. Moving past the 400-year span of American history, the firm claims that bankruptcy benefits all parties by distributing settlement payments more evenly and more efficiently than trial courts where litigants are awarded significant awards while others receive nothing.
The basic tenet of this 3rd Circuit decision was this is not a case – one that makes a profit, but an entity to assume the legal liability and declare bankruptcy Congress contemplated when drafting the Bankruptcy Code. It also clarified that the subsidiary was not financially trouble due to the fact that J&J assured it of unlimited funding.
So J&J jumped on the unlimited funding part of the contract and didn’t make any promises to offer unlimited funding for cases. The company says that its new financing agreements with its subsidiary addresses the concerns of the appeals court while supplying funds for claim payments. As if offering victims less money would solve the overarching problem.
Lawyers representing cancer victims who oppose the agreement counter this argument by saying that it is countering legal nonsense with legal absurdity: J&J fraudulently transferred $50 billion in assets to LTL Management to circumvent the appeals court’s previous ruling. Hyperbole was not spared by the victims’ lawyers, who call it the biggest “fraudulent transaction in United States history.”
Notwithstanding the legal mumbo jumbo, J&J does not really think this bankruptcy will survive. But it is a way to push for this $8.9 billion settlement to keep pressure on plaintiffs.
April 10 2023 Update: Bloomberg offers an informative article on a new law within New Jersey that is shedding new light on litigation funding in the Class action suit. Funders of litigation Virage Capital Management and TRGP Capital invested in hundreds of lawsuits that were brought against Johnson & Johnson (J&J) concerning talc products in exchange for a portion of any settlements. J&J is now willing that it will pay $8.9 billion in settlements for all lawsuits.
The involvement of the funders is made public due to a New Jersey court rule requiring the disclosure of certain information about funding sources outside of the. The law is designed to respond to the increasing calls for regulation of litigation funders. J&J has more than 60,000 claims when you take into account state and federal infant powder litigation. Third-party funding of mass tort cases has both pros and pros and. There is no doubt that we are witnessing the ways that third-party funding can even the playing field between individuals as well as large corporations in the courtroom.
April 4 2023 Update: It is fun to watch the worm turning in this case. J&J was hit again this week when the Third Circuit denied J&J’s request to extend the automatic stay in the meantime that J&J appeals an order granting bankruptcy at the U.S. Supreme Court. The automatic stay has stopped hundreds of cases involving talcum powder and stopped any new lawsuits from being filed ever since J&J began the controversial plan to spin the talc liability into a bankrupt subsidiary more than a year ago. Do all talc products have asbestos. After it was decided that the 3rd Circuit ruled that this bankruptcy was not valid a few months ago, the stay was revoked. J&J wanted to see it continue in the meantime of its SCOTUS appeal. But, 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 hear 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 involving talcum powder MDL in over one year. Seven new talc cases were joined to the MDL in the past month and brought the total number of cases pending to 37,522.
February 25, 2023 Update 2023 Update: A Congressmen from Tennessee is now requesting that the U.S. Government Accountability Office (GAO) initiate an investigation into the cost J&J product containing talc has cost the government in the 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 years while tax dollars were spent treating those injured by exposure to the products. The demand comes just weeks after J&J’s loss to the 3rd Circuit Court of Appeals.
Do all talc products have asbestos. J&J must begin making reasonable settlements to victims to the process of putting all this behind it. This is a disgrace to 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 Do all talc products have asbestos. 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!