You May be Entitled to Significant Compensation Johnson & Johnson class action suit. 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 the sum of $400 million US state AGs. Johnson & Johnson Class Action Suit .
Johnson & Johnson (JNJ.N) has set aside $400 million to settle U.S. state consumer protection actions as part of its broader $8.9 billion settlement of claims that its Baby Powder and other talc items cause cancer. Johnson & Johnson class action suit.
J&J subsidiary LTL Management filed a bankruptcy plan in New Jersey late on Monday that details how the company intends to pay different types of cancer victims in a bankruptcy settlement. Johnson & Johnson class action suit. J&J has claimed that its Talc products are safe and won’t cause cancer. J&J is seeking an additional time to conclude more than 38,000 lawsuits filed in bankruptcy, and to prevent any new cases from arising in the future.
The bankruptcy plan of LTL would pay $400 million to an additional trust to settle claims filed from state attorney generals alleging that J&J did not comply with laws against unfair business practices in the State of New York and consumer protection laws, by deceiving consumers about the quality of its talc products.
Some states had started consumer protection measures against J&J prior to the time that LTL’s bankruptcy filing prevented these investigations from progressing in 2021. Johnson & Johnson class action suit. New Mexico and Mississippi had already initiated suit in the past against Johnson & Johnson before then, and the states of Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative subpoenas or demands, according to LTL’s court documents.
New Mexico and Mississippi have decided to declare LTL’s bankruptcy unfinished along with cancer sufferers and the U.S. Justice Department’s bankruptcy watchdog. They argue that a profit-making company like J&J is not eligible for bankruptcy protections designed for struggling debtors.
The first attempt by LTL to resolve the bankruptcy lawsuits was thrown out after similar arguments. A U.S. appeals court ruled in favor of LTL wasn’t in “financial distress” and therefore not eligible of bankruptcy protection. Johnson & Johnson class action suit. LTL had filed for bankruptcy again within two hours of the dismissal, arguing the second bankruptcy was different due to the fact that it had less money available and had a greater chance of securing an agreement.
New Mexico and Mississippi said in their motion for dismissal that LTL’s new bankruptcy violates state law enforcement powers by seeking to unilaterally limit LTL’s liability to state consumer protection actions.
Johnson & Johnson Class Action Suit
LTL’s recent filings also provided more information on the way in which the company will evaluate and pay claims for cancer when the bankruptcy plan is approved.
The largest amount of money under the settlement would be $500,000 to those diagnosed with mesothelioma terminal prior to age 45, and $260,000 for people diagnosed with cancer of the ovary before age 45.
From there, the proposed settlement will offer discounts based on the type and severity of cancer, the patient’s age, previous using talc and other factors. Johnson & Johnson class action suit. For instance, a woman who used talc products on a weekly basis, who had a family history of ovarian cancer, and was diagnosed with Stage II cancer of the ovary by age 55 might qualify for a $21,125 payout under the program.
Judge ordains J&J and talc opponents participate in settlement talks.
Following another round of hearings in Johnson & Johnson’s attempt to use 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 strategy to engage in settlement talks, Bloomberg reports.
With its second bankruptcy attempt for LTL Management–a subsidiary established by J&J to settle claims – the company offered a settlement amounting to $8.9 billion. Johnson & Johnson class action suit. While one firm representing plaintiffs is in favor of the deal, another group opposes the deal.
The previous week, the opposition group, known as the Official Committee of Talc Claimants requested the bankruptcy court to dismiss this case by argument that LTL is not a factor to be in financial trouble.
“The filing is an incredibly legal and ineffective attempt by a small number of law firms to try to block claimants from voting on the resolution plan, a plan that the overwhelming majority of claimants favor,” J&J’s litigation chief Erik Haas, said in a statement. Johnson & Johnson class action suit. “The law firms that are behind their filing are financially oriented and have conflicts that are in conflict with, diverge from, and contravene those that their customers. We will be submitting a response before the court of appeals.”
Johnson & Johnson class action suit. Clay Thompson, a lawyer for MRHFM that boasts more than patients with mesothelioma who have filed lawsuits against J&J claimed that J&J’s second bankruptcy effort will fail.
“J&J issues press releases that boast about how amazing its plan is while simultaneously insisting that the plan’s details, including what individual sick people would actually be treated to,” Thompson said in an email. “What do they have to cover up?”
Kaplan has instructed both sides to develop a new strategy for reorganization, under supervision from two mediators.
In February 2022, Kaplan affirmed the ability of J&J’s use of Chapter 11 to hasten a settlement that would relieve the company from the thousands of lawsuits related to its talcum-based products.
In January of this year an appeals court of the federal government overturned the decision, deciding that the company could not be considered in “financial difficulty.”
The J&J’s plan to appeal to the U.S. Supreme Court was denied the same month, J&J declared bankruptcy two hours after. In response to that move, Kaplan froze the lawsuits for 60 days to decide whether to allow another bankruptcy.
J&J’s unstoppable profit engine goes out of control after $6.9B talc litigation charge.
In the 2 Chapter 11 attempts, J&J has been able to buy 19 months in which cases have been held. Johnson & Johnson class action suit. The company would like claimants to take a vote to accept their settlement. J&J will require 75% acceptance for the settlement to be approved.
Alongside the group of talc lawyers who panned LTL’s bankruptcy plan, the U.S. Trustee is an arm that is part of the U.S. Department of Justice was also the one to file a motion to dismiss the second bankruptcy case of LTL.
In a statement this week, U.S. Trustee Andrew R. Vara wrote that the the bankruptcy court are “open to honest, but naive debtors.” The doors “are not open to any parties that lack a legitimate bankruptcy purpose or that seek to abuse the bankruptcy process to hinder or delay their creditors.” Vara continued.
To its credit, J&J maintains there is no conclusive evidence that its products containing talc, such as its famous baby powder, can cause cancer. J&J has been taking the products of the market first in North America in 2020–and the rest of the world this year.
J&J wants to avoid the cost of going to court. The company has won the majority of cases decided during trial, however, certain losses have been extremely harsh.
A high-profile trial in Missouri led to a $4.7 billion judgment against the drug manufacturer that 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 cases involving talc, which are being appealed or decided. Out of 41 trials, 32 of them ended in a win by J&J or a mistrial, or verdict of a plaintiff overturned after appeal. Johnson & Johnson class action suit. Additionally, the company in 2020 negotiated to settle more than 1000 cases for the sum of $100 million. Bloomberg announced at that time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Johnson & Johnson Class Action Suit
Our lawyers are handling baby powder cases in all 50 states. The talcum powder lawsuits for Johnson & Johnson have been going on for a long time. Johnson & Johnson class action suit. The lawsuits contend that the prolonged use of talcum powder (or “talc”), the active ingredient in many products, including baby Powder along with Shower to Shower as well as other products, may cause ovarian cancer among some women.
This page offers an J&J Talc Power litigation update and discusses how the upcoming bankruptcy ruling will affect the final settlement amounts in these ovarian cancer lawsuits.
Have you reached the deadline by which you to make a claim for talcum powder? Many who believe the time limit has expired to file a lawsuit against Johnson & Johnson are wrong. Call us today at 800-553-8082 or request a no-cost and quick review of your case online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Johnson & Johnson Class Action Suit
June 2 2023 Update: In the asbestos talc trial which took place in California yesterday, some technical issues disrupted the opening statements made by defense attorneys. Johnson & Johnson class action suit. Jurors from their homes via Zoom but did not hear Johnson & Johnson’s lawyer expressing doubt about the 70s research that claimed asbestos was present in their product prior to the opening was abruptly ended.
In the meantime, the plaintiff was able to present their first witness, Arthur Langer. Langer said that the presence of additional minerals along with talc is expected. He claimed that his group informed J&J in 1971 of the presence of chrysotile asbestos within the company’s talc, albeit with just 0.1 percent. He also found more asbestos in 1976.
June 1st, 2023 Update: Johnson & Johnson class action suit. First trial after J&J has decided to separate its Talc segment and file for bankruptcy marks a pivotal moment in the ongoing talc litigation story. The trial began on Tuesday in the harrowing case of a young 24 year-old plaintiff, diagnosed with an extremely rare and aggressive form of mesothelioma in the past year, which lawyers on both sides acknowledge is a grave tragedy.
The opening statements exposed the huge differences between the sides’ story. The plaintiff’s attorney took aim on Johnson & Johnson, alleging the use of deceitful strategies in its research practices as well as throughout the litigation process. As per the lawyer, Johnson & Johnson tried to alter the definition of asbestos, despite internal documents dating back to 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 particularity of the mesothelioma trial and the unique issues it faces compared to other lawsuits involving talcum powder ruling in favor of the plaintiff could cause the company with a major setback in its expectations of widespread acceptance of their proposed settlement with plaintiffs.
May 31st 2023: Update from Johnson and Johnson’s bankrupted talc unit has strongly defended their second Chapter 11 filing in the opposition of injured talc claimants. In an opposition filed with the New Jersey bankruptcy court, it argued that the filing differed fundamentally from the first filing. It highlighted the extraordinary commitment of $8.9 billion from J&J which is the biggest settlement ever to be made in any bankruptcy case that involves mass tort. Johnson & Johnson class action suit. Not mentioned: how the size of the settlement implies that it is an equitable settlement. J&J also claimed support from several plaintiffs’ legal firms representing more than 600,00 claimants. This is difficult to verify but likely incorrect.
May 24 2023 Update: As of Johnson & Johnson’s bankruptcy in 2021 filing, the very first trial concerning its cosmetic talc items allegedly containing asbestos is set to start jury selection on Monday, California at Alameda County Superior Court, a historically good jurisdiction for plaintiffs. The plaintiff claims his mesothelioma was caused by asbestos exposure from 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 second J&J talc bankruptcy are now disputing who should be appointed to the role of the future claims representative, which is vitally essential to the resolution of the Talc claims. Johnson & Johnson class action suit. 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 team wants Ellis to be named to the position and again, but attorneys for the talc plaintiffs are protesting due to the fact that Ellis has conflicts of interest that should prevent her from being appointed to that post again. The conflict stems from the fact that Ellis was apparently involved in drafting the controversially contesting second bankruptcy, which raises questions about her capability to remain neutral. However, the reality is that this bankruptcy is likely to get dismissed anyway.
May 17, 2023 Update: The pretend company that J&J made up for the talc bankruptcy has informed a New Jersey bankruptcy court that they have set aside $400 million to settle the claims of states that accuse the company of misleading advertising regarding its talc products. Johnson & Johnson class action suit. This amounts to an $8.5 billion settlement for cancer sufferers. It’s difficult to imagine a scenario where J&J will be able to push these baby powder settlements through in these figures. Although J&J’s $8.5 billion offer may seem like a lot of money initially, it will not look good when you do the math. The proposed settlement based on our estimates – will not provide victims with much more than an average settlement $100,000 per instance. This isn’t enough.
May 15, 2023, Update J&J might be facing lawsuit from an advocacy group representing cancer victims. Johnson & Johnson class action suit. The group contends that J&J deliberately withdrew the $61.5 billion fund-raising agreement that it had with its company subsidiary LTL Management LLC, to simulate financial stress 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 plan to explore J&J’s actions in the wake of the dismissal of LTL’s first bankruptcy case.
May 10 2023 Update: The following week this week, this week the U.S. Bankruptcy Court in New Jersey will hear oral arguments in a motion reject the second bankruptcy filing of J&J subsidiaries LTL Management. In the meantime, however, LTL Management has filed an Order that requires both parties to participate in a new settlement negotiation in the hope that a global settlement deal can come to fruition.
May 5 2023: Update on Talc provider Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to many lawsuits claiming that its talc products cause cancer from asbestos exposure. Johnson & Johnson class action suit. More than 2700 people have filed lawsuits against the company, and it was spending $1 million a month to defend itself. The company’s recent $29 million settlement that was handed down in South Carolina forced it to apply for bankruptcy protection and argue for equitable distribution of assets to talc claimants, rather than being seized from the receiver. Other suppliers of talc have declared bankruptcy because of lawsuits.
May 4 2023, Update U.S. The bankruptcy Judge Michael Kaplan has directed Johnson & Johnson to restart talks on settlement with lawyers who rejected the company’s $8.9 billion offer for settlement. It was in Trenton, New Jersey yesterday the parties gathered in court to discuss next steps to take in their second bankruptcy matter. Judge Kaplan pushed more settlement talks.
This is the way to settle these claims for J&J. A baby powder settlement could be achieved. Johnson & Johnson class action suit. However, it will require more money – billions of dollars – coming from Johnson & Johnson.
Lawyers have a split opinion on whether or not to accept the plan and not every client sees the issue the same way their lawyer sees it. This second case of bankruptcy is likely to fail, the 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 victims who are suing Johnson & Johnson (J&J) demanded 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 representing the claimants filed a motion on Tuesday requesting the Third Circuit to consider their appeal and return the case before a court of lower jurisdiction with instructions to dismiss the bankruptcy. Johnson & Johnson class action suit. They also requested that the lawsuit against the halted torts of J&J should be permitted to proceed.
LTL applied for Chapter 11 protection once again following its bankruptcy filing that was rejected in the Third Circuit earlier this year and offered an $8.9 billion payment. The committee says that the recent ruling allowing LTL’s 2nd Chapter 11 to continue, in addition to halting trials against J&J is a reason for urgent Third Circuit review. The US Trustee also asked 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 deficient attempt” by a select group of law firms with different financial interests.
May 1st 2023 Update: A frequently asked question is how could plaintiffs and their attorneys turn off $8.9 billion. That’s of course an enormous amount of money. There are a lot of victims. Johnson & Johnson class action suit. These are an excellent case for plaintiffs. We were reminded of this recently by two talc-related trials that resulted in big verdicts for the plaintiffs. In February the mesothelioma case involving talcum powder trial in Oregon was settled with the verdict that was $18.1 million. The following month, a second mesothelioma talc case was brought to trial on the other side of South Carolina and resulted in a verdict of $29million on behalf of the plaintiff. Both cases were defended by Whittaker, Clark & Daniels Inc. which is one of the leading suppliers of talc within the U.S.
April 30th 2023 Update: When J&J first attempted to drag the litigation over talcum powder into bankruptcy, it did so with an offer to put aside $2 billion to settle the case. It was a ridiculously small amount. All of the talc plaintiffs believed in it. This time, however, J&J has increased the offer to $8.9 for talc-related plaintiffs if they will allow a bankruptcy settlement and they also have the backing of a significant segment of the talc plaintiffs and their attorneys. Johnson & Johnson class action suit. However, 75% of plaintiffs in the talc category, which is needed for approval of the bankruptcy plan is a difficult road due to the sheer number of lawyers with massive inventories of baby powder litigations opposed against the proposed settlement.
What could solve the impasse? More billions.
April 25, 2023 update: Talc cancer claimants have requested a judge to reject their Chapter 11 case filed by LTL Management LLC, a absurdly-made-up Johnson & Johnson subsidiary, insisting that the company is not financially strained. LTL requested Chapter 11 to settle tens of thousands of claims that J&J’s baby products caused cancer. Johnson & Johnson class action suit. LTL was denied Chapter 11 in January. 3rd Circuit dismissed its first Chapter 11 case in January in a ruling that said LTL was not eligible for bankruptcy relief since it was unable to demonstrate financial stress.
The claimants assert that the Second Chapter 11 case is an overreach of the bankruptcy system and that it’s being conducted in bad good faith. J&J states that the bankruptcy settlement receives “significant backing” from companies representing about 60,000 potential claimants. It is fair to say plaintiffs’ lawyers and the victims are split over this $8.9 billion deal.
April 21, 2023 Update: A bankruptcy judge decided the company Johnson & Johnson must face new lawsuits alleging that the firm offered a baby powder with a contaminant that caused cancer. Although the trials for Talc lawsuits are suspended for a minimum period of 60 days and new lawsuits are able to be filed and lawyers can begin preparing their cases. Johnson & Johnson class action suit. Judges expressed skepticism about J&J’s attempt to revive its strategy with another bankruptcy case.
April 13 2023 Update: The major news is the $8.9 billion over the next 25 year period settlement offered. Lawyers representing cancer patients who are part of the MDL class action have promised to fight the settlement alongside talc claimants. Why? They think it is not enough for 70 000 cancer patients. Johnson & Johnson class action suit. These lawyers argue that J&J should negotiate a larger settlement or even litigate individuals’ claims if the current bankruptcy is thrown out.
But there is another group of lawyers that is not part of the leadership group in that class action. They have amassed hundreds of thousands of cases. They want to settle now in what many believe to be less than these victims deserve. Their argument appears to be two-fold. First, they argue the settlement, which is about an average of $100,000 per plaintiff – is fair.
This is an argument that is difficult 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 wondering if J&J could file for bankruptcy again. The answer is complex and complex. Let’s try to simplify the issue in a simple way.
Johnson & Johnson asserts that bankruptcy is the only option to resolve both current and future talc-related lawsuits definitively. In other words, it believes that it will be less expensive should there be a bankruptcy element that creates pressure for a settlement. Johnson & Johnson class action suit. In a quest to cover 400 years of American history, the firm believes that bankruptcy is beneficial to all parties as it distributes settlement payments more evenly and more efficiently than trial courts where litigants are awarded significant awards while others receive nothing.
The gist of this 3rd Circuit decision was this isn’t a case that involves the profit-making company that has subsidiaries to meet the legal liability and declare bankruptcy – Congress contemplated when drafting the Bankruptcy Code. However, it also stated that the subsidiary was not in financial distress because J&J assured it of unlimited funding.
Thus, J&J took advantage of the unlimited funding portion of the agreement but did not pledge to offer unlimited funding for the litigation. The company says that its modified financing arrangements with its subsidiary addresses the appeals court’s concerns, while offering claim payment funds. As if offering victims less money will solve the underlying issue.
Attorneys representing cancer patients who do not agree with the agreement counter this argument by saying that it is countering legal nonsense legal nonsense: J&J fraudulently transferred $50 billion of assets from LTL Management to circumvent the appeals court’s previous decision. Hyperbole is not exempt: victims’ lawyers call this the biggest “fraudulent transfer of assets 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 to push for this $8.9 billion settlement through and maintain the pressure on plaintiffs.
April 10 2023, Update Bloomberg has an interesting article about a new law in New Jersey that is shedding new light on the funding of litigation in the baby powder plaintiffs in the class action. Funders of litigation Virage Capital Management and TRGP Capital invested in hundreds of claims against Johnson & Johnson (J&J) regarding talc products, in exchange for a percentage of any winnings. J&J is now offering that it will pay $8.9 billion to settle any lawsuits.
The involvement of funders is made public because of a New Jersey court rule requiring the release of certain details about outside funding backers. The law is designed to address the rising calls for the regulation of lawsuit funders. J&J has more than 60,000 claims when you add up federal and state infant powder litigation. Third-party funding of mass tort cases has 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 for individuals and big companies in court.
April 4, 2023 Update: It is pleasing to see the worm turning in this litigation. J&J took another hit this week, when they were denied by the Third Circuit denied J&J’s request to keep the automatic stay in place as J&J appeals a bankruptcy ruling in the U.S. Supreme Court. The automatic stay has frozen hundreds of cases involving talcum powder and stopped new lawsuits from arising ever since J&J began the controversial plan to spin the talc debts off into a bankrupt subsidiary over a year back. Johnson & Johnson class action suit. When it was decided that the 3rd Circuit ruled that this bankruptcy was invalid only a few months back, the stay was removed. J&J had hoped to have it continue in the meantime of its 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 odds that of the Supreme Court is willing even to hear the appeal? Low.
March 16th 2023 Update: with the bankruptcy stay 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 in the last month increasing the number of cases pending to 37,522.
February 25, 2023 Update This morning, a Congressmen from Tennessee is now demanding that the U.S. Government Accountability Office (GAO) initiate an investigation into the cost J&J talc products have cost the government in the many years.
Recently, in an open letter to the GAO, Rep. Steven Cohen (D-Ten.) has accused J&J of ignoring the dangers of its talc products for decades while tax dollars were spent treating those injured by exposure to the products. The demand comes just weeks following J&J’s dramatic loss in the 3rd Circuit Court of Appeals.
Johnson & Johnson class action suit. J&J has to begin making reasonable settlements for victims in order getting this behind it. This is a blemish on one of the most prestigious businesses.
February 14 2023 Update: During an appearance 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 Johnson & Johnson class action suit. 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!