You May be Entitled to Significant Compensation Talc asbestos cosmetics. Johnson & Johnson powders were proven to contain asbestos (a cancer causing agent) and the company failed to notify users of the cancer risk. $2 BILLION has already been awarded to claims. Free To File! No Fees Unless A Settlement Is Awarded!
J&J’s proposed talc settlement would provide the sum of $400 million US state AGs. Talc Asbestos Cosmetics .
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 settlement of allegations that it’s Baby Powder as well as other talc products cause cancer. Talc asbestos cosmetics.
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 a bankruptcy settlement. Talc asbestos cosmetics. J&J has said that its talc products are safe and won’t cause cancer. It is attempting for the second time to end more than 38,000 lawsuits in bankruptcy and prevent new cases from coming forward in the future.
LTL’s bankruptcy plan would pay $400 million to an additional trust to settle claims filed with state attorneys general alleging that J&J had violated states’ unfair practices and consumer protection laws by misinforming consumers regarding the safety of its talc products.
A number of states had already initiated consumer protection actions against J&J before LTL’s first bankruptcy filing stopped these investigations from progressing in 2021. Talc asbestos cosmetics. New Mexico and Mississippi had already initiated lawsuits in the past against Johnson & Johnson before then as well as the states of Arizona, Maryland, North Carolina, Texas and Washington had issued subpoenas or civil investigative demands, according to LTL’s court papers.
New Mexico and Mississippi have taken steps to halt the bankruptcy of LTL in a joint move with cancer victims and those affected by cancer and the U.S. Justice Department’s bankruptcy watchdog, who have argued that a successful business like J&J is not eligible for bankruptcy protections intended for those struggling with debt.
The first time LTL attempted to settle the bankruptcy cases was dismissed following similar arguments. The U.S. appeals court determined that LTL was not in “financial financial distress” and was not eligible for bankruptcy protection. Talc asbestos cosmetics. LTL declared bankruptcy a second time within two hours of the decision to dismiss, arguing that its second attempt was different due to the fact that it had less money available and more support for the settlement.
New Mexico and Mississippi said in their motion for dismissal that LTL’s renewed bankruptcy violates the law enforcement powers of the state by trying to unilaterally cap the liability of the company for state consumer protection measures.
Talc Asbestos Cosmetics
The filings of LTL’s latest bankruptcy proceedings also include more information about how the company would assess and pay for cancer claims in the event that the bankruptcy plan is approved.
The most significant payments under the settlement will be $500,000 for those diagnosed with mesothelioma terminal prior to age 45. Talc asbestos cosmetics. The second payment would be $260,000 for those who have been diagnosed with ovarian cancer that is terminal before age 45.
The proposed settlement will offer discounts based on the nature and severity of cancer, an individual’s age, the history of usage of talc and other variables. Talc asbestos cosmetics. For instance, a woman who used the talc product on a regular basis, had the family history of ovarian cancer and was diagnosed an ovarian cancer stage II by age 55 could be in line to receive a payment of $21,125 under the settlement plan.
Judge orders J&J and talc oppositionists to participate in settlement talks.
Following another round of hearings in Johnson and Johnson’s efforts to use a Texas Two-Step bankruptcy strategy to resolve talc litigation, federal bankruptcy Judge Michael Kaplan has ordered the firm and the people who opposed 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 amounting to $8.9 billion. Talc asbestos cosmetics. While one firm representing plaintiffs agree with the settlement, a different group opposes the move.
This week, the opposition group, dubbed the Official Committee of Talc Claimants and urging the bankruptcy court to dismiss this case by arguing that LTL is not a factor in financial distress.
“The filing is an incredibly legal and ineffective attempt by a handful of law firms to try to stop claimants from voting on the resolution, which the vast majority of claimants approve of,” J&J’s litigation chief Erik Haas, said in an announcement. Talc asbestos cosmetics. “The law firms behind this filing have financial interests that conflict with, differ from and contravene those of their clients. We will be submitting an appeal before the court of appeals.”
Talc asbestos cosmetics. Clay Thompson, a lawyer for MRHFM which is home to more than mesothelioma clients who have sued J&J, said that the company’s second bankruptcy try failed.
“J&J issues press releases about how great its plan is, while insisting that the plan’s details, including what individuals with illnesses would receive–be kept secret,” Thompson said in a statement. “What do J&J have to keep secret?”
Kaplan has instructed the sides to devise a second reorganization plan, under the oversight by two mediators.
In February 2022, Kaplan affirmed the ability of J&J’s recourse to Chapter 11 to hasten a settlement that would free J&J from the tens of thousands of claims concerning its talcum products.
But in the month of January, an appeals court in the United States overturned the verdict, ruling that the firm could not be considered to be in “financial difficulty.”
In the event that J&J’s request to make an appeal before the U.S. Supreme Court was rejected at the end of April J&J applied for its first bankruptcy just two hours after. In response, Kaplan froze the lawsuits for 60 days, allowing the company to decide whether to grant to file for bankruptcy again.
J&J’s omnipotent profit engine fails after $6.9B cost of litigation involving talc.
With the 2 Chapter 11 attempts, J&J has bought 19 months during which cases were placed held. Talc asbestos cosmetics. The company wants claimants to accept their settlement. J&J will require 75% support for the deal to pass.
In addition to the gang of talc lawyers that criticized the company’s bankruptcy play, the U.S. Trustee, a branch from the U.S. Department of Justice was also the one to file a motion to dismiss LTL’s second bankruptcy case.
In a filing this week, U.S. trustee Andrew R. Vara wrote that the bankruptcy courts are “open to honest but unfortunate debtors.” The doors “are not open to any parties that don’t have a legitimate bankruptcy reason or want to use bankruptcy to delay or hinder their creditors.” Vara continued.
In its own words, J&J maintains there is no proof conclusive that their Talc-based products, such as its popular baby powder cause cancer. J&J has been taking the products from the market and will first launch them on North America in 2020–and the remainder of the globe later this year.
J&J intends to steer clear of the costly business of going to court. It has won most of the cases decided in court, however some losses have been punishing.
A well-known trial in Missouri produced 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 trial involving talc that are appealing or settled. Out of 41 trials, 32 have resulted in the favor of J&J either through a mistrial or plaintiff verdict that was overturned in appeal. Talc asbestos cosmetics. Separately, the company in 2020 moved to settle over 1,000 cases worth $100 million, Bloomberg reported at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Talc Asbestos Cosmetics
Our lawyers handle baby powder lawsuits in every state. The lawsuits involving talcum powder on behalf of Johnson & Johnson have been ongoing for many years. Talc asbestos cosmetics. The lawsuits allege that prolonged use of talcum powder (or “talc”), the active ingredient in many products, including baby Powder along with Shower to Shower which can cause cancer of the ovary in certain women.
This page gives an J&J update on the talc power litigation and discusses how the upcoming bankruptcy ruling impacts the ultimate settlement amount of these cases of ovarian cancer.
Has the deadline passed for you to bring a talcum lawsuit? Many who believe that the deadline has passed to sue 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 – Talc Asbestos Cosmetics
June 2 2023 Update: At the trial for asbestos-containing talc that took place in California yesterday, a couple of technical issues disrupted the opening statements made by defense attorneys. Talc asbestos cosmetics. Jurors watching from home via Zoom but did not hear Johnson & Johnson’s lawyer expressing doubt about the science of the 70s that claimed asbestos was present in their product prior to the session abruptly ended.
Meanwhile, the plaintiff could present its first expert witness Arthur Langer. Langer explained that the existence of other minerals alongside the talc mineral is a given. He claimed that his group was notified by J&J in the year 1971 of the presence of asbestos chrysotile in the talc manufactured by the company, though in lower than 0.1 percent. He also found more asbestos in the year 1976.
June 1st, 2023 Update Talc asbestos cosmetics. The first trial since J&J made the decision to split its Talc division, and then declare bankrupt marks an important moment within the ongoing litigation saga. Trial began yesterday in the tragic case of a young 24 year-old plaintiff who was diagnosed with an aggressive and rare form of mesothelioma earlier this year. which both sides of the argument agree is a grave tragedy.
Opening statements laid bare sharp differences in the two sides’ story. The attorney representing the plaintiff took aim towards Johnson & Johnson, alleging the use of deceptive methods in their research practices as well as throughout the litigation procedure. As per the lawyer Johnson & Johnson tried to alter the definition of asbestos despite internal documents dating back to between 1978 and 1994 that showed fibers discovered in the tissues of the plaintiff are part of.
Johnson &J’s highly uncertain $8.9 billion settlement offer hangs in the balance with the course of this trial. Despite the distinctive nature of the mesothelioma trial and its distinct issues compared to other talcum powder lawsuits and a decision in favor of the plaintiff could be a serious setback to J&J’s expectations of widespread acceptance of the settlement they have proposed among plaintiffs.
May 31 2023: Update from Johnson & Johnson’s bankrupt talc unit was able to defend their second Chapter 11 filing in the in the face of challenges from the talc injury plaintiffs. In a written objection to the New Jersey bankruptcy court, it argued that the situation differed fundamentally from the previous filing. It highlighted the extraordinary commitment of $8.9 billion in settlement from J&J the largest settlement ever in an bankruptcy case involving mass torts. Talc asbestos cosmetics. The issue is not discussed: whether the magnitude of the settlement indicates that it is an equitable settlement. J&J also claimed support from a variety of plaintiffs’ law firms representing more than 60,000 claimants. It is difficult to confirm but is probably incorrect.
May 24 2023 Update: In the wake of Johnson & Johnson’s 2021 bankruptcy filing, the first trial involving its cosmetic talc products that are believed to with asbestos content is scheduled to commence jury selection on Monday, May 24, California in Alameda County Superior Court, a historically good location for plaintiffs. The plaintiff claims his mesothelioma is the result of asbestos exposure from J&J’s products, an allegation the company has denied. The trial also includes six retailers who are accused of selling talc-containing products.
May 22nd, 2023 Update Lawyers in the 2nd J&J talc bankruptcy are battling over who should be chosen to fill the position of the future claims representative, an important role essential in resolving the talc claims. Talc asbestos cosmetics. Randi Ellis, a lawyer who regularly appears in MDLs across the country was appointed the claims representative in the first bankruptcy. J&J’s defense attorneys want Ellis to be named to the position again, but lawyers for the talc plaintiffs are protesting due to the fact that Ellis has conflicts of interest which would prohibit her from assuming that position again. The dispute stems from fact that Ellis was reportedly involved in drafting the hotly litigated second bankruptcy, which raises questions about her capability to remain neutral. The reality is the bankruptcy will get dismissed anyway.
May 17, 2023 Update The pretend company that J&J put together to settle the talc litigation bankruptcy has informed the New Jersey bankruptcy court that they have set aside $400 million to settle claims brought by states accusing J&J of misleading marketing regarding its talc products. Talc asbestos cosmetics. This amounts to an $8.5 billion settlement for cancer sufferers. It is hard to imagine a scenario where J&J could push the baby powder settlements in these figures. While J&J’s $8.5 billion offer may seem like a large sum initially, it does not appear appealing after you calculate the figures. The proposed settlement based on our rough calculations, would not offer victims anything more than a median settlement of $100,000 per case. That’s not enough.
May 15, 2023 update: J&J is potentially facing a lawsuit by an advocacy group that represents cancer patients. Talc asbestos cosmetics. The group claims J&J deliberately withdrew an $61.5 billion contract for funding with its subsidiary, LTL Management LLC, to simulate financial distress and verify the unit’s Chapter 11 bankruptcy filing. The group asserts this action is a fraud transfer of victims’ compensation rights. They plan to explore J&J’s actions following of the decision to dismiss LTL’s first bankruptcy suit.
May 10, 2023 Update: Next week next week, it is expected that the U.S. Bankruptcy Court in New Jersey will hear oral arguments on a motion to dismiss the second bankruptcy petition filed by J&J company LTL Management. In the meantime, however, LTL Management has filed an Order calling for both parties to take part in a settlement mediation to see if it will be possible to reach a global settlement agreement brokered.
May 5 2023: Update on Talc supplier Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to several lawsuits alleging that its talc products caused cancer through asbestos exposure. Talc asbestos cosmetics. Over 2,700 individuals have sued the company, and it was spending $1 million a month to defend its legal position. The company’s latest $29 million settlement that was handed down in South Carolina forced it to file for bankruptcy protection, arguing for a fair distribution of assets between the claimants of talc instead of being taken through the receiver. Other talc suppliers have also filed for bankruptcy due to lawsuits.
May 4 2023 Update U.S. The bankruptcy Judge Michael Kaplan has directed Johnson & Johnson to relaunch talks with lawyers who turned down the proposed $8.9 billion deal. At Trenton, New Jersey yesterday, the parties gathered in court to discuss next steps to take in this second case of bankruptcy. Judge Kaplan was pushing for more settlement discussions.
This is the way to resolve the claims of J&J. A settlement for baby powder can get done. Talc asbestos cosmetics. However, it will require more money – billions of dollars from Johnson & Johnson.
Lawyers are divided over whether to take the proposal or not and not all clients see this issue the same way their attorney does. This second case of bankruptcy is bound to be a failure and Judge Kaplan has set a date for a hearing in June to determine whether to close the case for the third time.
May 3 2023 Update: A group representing cancer victims who are suing Johnson & Johnson (J&J) asked to have the Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it is a bid to stop litigation regarding talc-related products. The group representing the claimants filed a motion on Tuesday, asking that the Third Circuit to consider their case and then send it back the lower court, with instructions to discharge the bankruptcy. Talc asbestos cosmetics. They also asked that the stopped tort litigation against J&J should be permitted to proceed.
LTL filed for Chapter 11 protection once again following its bankruptcy filing that was rejected in the Third Circuit earlier this year, offering a $8.9 billion settlement. The committee argues that the recent ruling which allowed LTL’s third Chapter 11 to continue, while also halting trials against J&J is a reason for 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 vice president for global litigation, Erik Haas, was quoted by Bloomberg saying that J&J intends to file a formal response to the appeals court characterizing the filing as a “desperate and legally flawed move” by a few of law firms that have conflicts of financial interests.
May 1st, 2023 Update: One most frequently asked question is how could plaintiffs and their lawyers be able to turn around $8.9 billion. Of course, that’s an enormous amount of money. There are a lot of victims. Talc asbestos cosmetics. These are actually a good case for plaintiffs. We were reminded of this recently with two talc trials led to huge verdicts for plaintiffs. In February, a talcum powder mesothelioma trial in Oregon resulted in an award in the amount of $18.1 million. In the same month, a different mesothelioma talc case was brought to the court within South Carolina and resulted in an award of $29 million in favor of plaintiff. It was the same defendant as in these cases: Whittaker, Clark & Daniels Inc. one of the leading producers of talc in the U.S.
April 30th, 2023 Update: When J&J initially attempted to pull the talcum powder litigation into bankruptcy, it was met with an offer to reserve $2 billion to settle the case. The amount was absurdly low. All of the talc plaintiffs were in favor of the proposal. However, this time, J&J has increased the offer to $8.9 If the talc plaintiffs agree to a bankruptcy settlement and they also have the backing of a significant segment of the talc plaintiffs as well as their lawyers. Talc asbestos cosmetics. But 75% of the talc plaintiffs, which is necessary for bankruptcy plan approval is a difficult road since there are so many lawyers with massive stocks of baby powder-related lawsuits, opposed in favor of the deal.
What could solve the impasse? More billions.
April 25, 2023 Update Talc plaintiffs have requested a judge to disqualify the Chapter 11 case filed by LTL Management LLC, a absurdly made-up Johnson & Johnson subsidiary, saying the company is not financially distressed. LTL filed for Chapter 11 to settle tens of thousands of claims that J&J’s baby powders cause cancer. Talc asbestos cosmetics. The 3rd Circuit dismissed its first Chapter 11 case in January, saying LTL was not eligible for bankruptcy relief as it did not show financial distress.
The plaintiffs argue that the 2nd Chapter 11 case is an abuse of the bankruptcy system and it is being pursued in bad faith. J&J states that the bankruptcy settlement has “significant backing” from the firms that represent around 60,000 plaintiffs. It’s fair to say that lawyers representing plaintiffs and victims are divided over the $8.9 billion settlement offer.
April 21st, 2023 Update A bankruptcy judge has decided in favor of Johnson & Johnson must face new lawsuits alleging that the company offered a baby powder with a contaminant that caused cancer. Even though trials for the lawsuits involving talc are delayed for at least 60 days however, new lawsuits may be filed, and lawyers may begin to prepare their cases. Talc asbestos cosmetics. Judges expressed doubt about J&J’s attempt to relaunch its strategy in another bankruptcy case.
April 13th 2023 update: the major news is the $8.9 billion over 25 years of settlement. Lawyers representing cancer victims involved in the MDL Class Action have pledged to fight the settlement with Talc claimants. Why? They think it is too little money for the 70 000 cancer patients. Talc asbestos cosmetics. These lawyers believe that J&J should negotiate a bigger settlement or even litigate individuals’ claims if the current bankruptcy is declared unconstitutional.
But there’s a separate set of lawyers who are not part of the leadership group in this class action. They have amassed hundreds of thousands of cases. They want to settle today for what is believed to be less than the victims deserve. Their argument is twofold. First, they argue that the settlement – which amounts to 100 million dollars on average per plaintiff – is fair.
It’s a difficult argument to argue. However, their second argument has more force: the victims can not afford to wait any longer and need to get their money right now.
April 12, 2023 Update: People are wondering if J&J can file for bankruptcy again. The answer is complex and confusing. But let’s try to explain the issue in a simple way.
Johnson & Johnson asserts that bankruptcy is the only means to resolve both current and future talc-related lawsuits definitively. Also, it believes it can pay less in the event of an element of bankruptcy that puts pressure for a settlement. Talc asbestos cosmetics. Going back to hundreds of years of American history, the company asserts that bankruptcy benefits all parties by distributing settlement payments more equitably and effectively than trial courts in which some litigants receive substantial settlements while others get nothing.
The essence in this 3rd Circuit decision was this is not a case – one that makes a profit, but subsidiaries to meet the legal burden and declare bankruptcy – something Congress considered when it was drafting the Bankruptcy Code. However, the court also ruled that the subsidiary was not in financial crisis due to the fact that J&J assured it of unlimited funding.
Thus, J&J decided to go with the unlimited funding aspect of the holding and did not promise that it would provide unlimited funds for the litigation. The company says that its modified financing arrangements with its subsidiary address the concerns of the appeals court while providing funds for claims. In the hope that offering victims lesser money could solve the overall issue.
Attorneys representing cancer victims who are against the agreement argue the agreement with what is countering legal nonsense legal nonsense: J&J fraudulently transferred $50 billion of assets away from LTL Management to circumvent the appeals court’s ruling. Hyperbole is not exempt the lawyers representing victims call it the most significant “fraudulent transaction that has occurred in United States history.”
Notwithstanding the legal mumbo jumbo, J&J does not really think this bankruptcy will survive. But it’s a way to try and push the $8.9 billion settlement, and to keep pressure on plaintiffs.
April 10 2023 Update: Bloomberg offers an informative piece on a law that has been passed in New Jersey that is shedding new light on the funding of litigation in the class action lawsuit. 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 winnings. J&J is now willing to pay $8.9 billion to settle all lawsuits.
The involvement of funders is public information because of the New Jersey court rule requiring the disclosure of certain information about outside funding backers. The rules aim to tackle the growing demands for the regulation of lawsuit funders. J&J has to deal with more than 60,000 lawsuits when you take into account state and federal infant powder litigation. Third-party funding for mass tort lawsuits has its pros and cons. However, there is no doubt that we are seeing how third-party financing can help level the playing field between individual and big companies in court.
April 4 2023 Update: It’s pleasing to see the worm turn in this legal battle. J&J has taken another blow this week when an appeals court in the Third Circuit denied J&J’s request to maintain the automatic stay during the time that J&J appeals an order granting bankruptcy at the U.S. Supreme Court. Automatic stays have frozen thousands of talcum cases and prevented new lawsuits from arising ever since J&J began the controversial plan to spin the talc liability into a bankrupt entity over one year in the past. Talc asbestos cosmetics. After it was decided that the 3rd Circuit ruled that this bankruptcy was insufficient only a few months back, the stay was lifted. J&J was hoping to have it stayed in place until an appeal to the SCOTUS appeal. The answer was no.
April 1st, 2023 Update Johnson & Johnson announced it will appeal its 3rd Circuit bankruptcy loss to the U.S. Supreme Court last week. The chance for the Supreme Court is willing even to accept the appeal? Low.
March 16 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-related lawsuits were added to the MDL in the last month which brings the total number of cases in the pending process up 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 to determine how much J&J Talc products have cost the government in the many years.
In a recent letter addressed to the GAO, Rep. Steven Cohen (D-Ten.) in a recent letter to the GAO, Rep. Steven Cohen (D-Ten. J&J of ignoring the dangers of its talc-based products for decades while tax dollars were spent treating those injured by exposure to the chemicals. The demand comes just weeks after J&J’s loss to the 3rd Circuit Court of Appeals.
Talc asbestos cosmetics. J&J has to begin making fair settlement offers to victims, in order getting this behind it. This is a disgrace to one of the top companies.
February 14 2023 Update: During 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 Talc asbestos cosmetics. Johnson & Johnson powders were proven to contain asbestos (a cancer causing agent) and the company failed to notify users of the cancer risk. $2 BILLION has already been awarded to claims. Free To File! No Fees Unless A Settlement Is Awarded!