You May be Entitled to Significant Compensation Talc safe 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 will be worth $400 million to US state AGs. Talc Safe Cosmetics .
Johnson & Johnson (JNJ.N) has put aside $400 million to resolve U.S. state consumer protection actions as part of its wider $8.9 billion plan to settle allegations that its Baby Powder and other talc-based product causes cancer. Talc safe cosmetics.
J&J subsidiary LTL Management filed a bankruptcy plan in New Jersey late on Monday that details how the company plans to pay different kinds of cancer victims as part of bankruptcy settlement. Talc safe cosmetics. J&J has said that its products containing talc are safe and do not cause cancer. J&J is seeking an additional time to conclude more than 38,000 lawsuits filed in bankruptcy, as well as prevent new lawsuits from arising in the near future.
The bankruptcy plan of LTL would pay $400 million into a separate trust for lawsuits filed with state attorneys general alleging that J&J was in violation of states’ unfair practices as well as consumer protection laws through misleading consumers regarding the quality of its talc products.
A number of states had already initiated consumer protection measures against J&J before LTL’s first bankruptcy filing stopped these investigations from progressing in 2021. Talc safe cosmetics. New Mexico and Mississippi had already filed 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 court papers.
New Mexico and Mississippi have moved to dismiss LTL’s bankruptcy in a joint move with cancer victims and those affected by cancer and the U.S. Justice Department’s bankruptcy watchdog. argue that a profit-making firm like J&J does not qualify for bankruptcy protections intended for people with debt problems.
The first attempt by LTL to resolve the bankruptcy cases was dismissed after similar arguments, when a U.S. appeals court determined that LTL was not in “financial distress” and therefore not eligible under bankruptcy law. Talc safe cosmetics. LTL filed a second bankruptcy just over two hours after the dismissal, arguing the second bankruptcy was different as there was less money available and more backing for an agreement.
New Mexico and Mississippi said in their motion for dismissal that LTL’s new bankruptcy violates the law enforcement powers of the state in attempting to unilaterally limit the company’s liability for state consumer protection measures.
Talc Safe Cosmetics
The filings of LTL’s latest bankruptcy proceedings also include more information on how the company would assess and pay cancer claims when the bankruptcy plan is approved.
The largest amount of money under the settlement would be $500,000 for people diagnosed with cancer of the mesothelioma ovary before age 45. Talc safe cosmetics. The second payment would be $260,000 for patients diagnosed with advanced ovarian cancer before age 45.
The proposed settlement will offer discounts based on the kind and severity of cancer, the individual’s years of age, their history of the use of talc, and other aspects. Talc safe cosmetics. For example the case of a woman who used daily talc products, had a family history of ovarian cancer and was diagnosed the stage 2 ovarian cancer by age 55 might qualify for a $21,125 payment under the plan.
Judge ordains J&J and talc opponents to discuss settlement negotiations.
Following another round of hearings in Johnson & Johnson’s attempt to utilize a Texas Two-Step bankruptcy strategy to settle talc lawsuits and federal bankruptcy judge Michael Kaplan has ordered the company and those opposed to the plan to enter into negotiations to settle the matter, 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. Talc safe cosmetics. While one firm representing plaintiffs agree with the proposal, another group opposes the deal.
In the last week, an opposition group, dubbed”The Official Committee of Talc Claimants, urged the bankruptcy court to disqualify the petition arguing that LTL cannot be regarded as financially distressed.
“The filing is a desperate and legally ineffective attempt by a tiny number of law firms to try to stop claimants from deciding on the resolution plan, a plan that the overwhelming majority of claimants are in favor of,” J&J’s litigation chief Erik Haas, said in a statement. Talc safe cosmetics. “The law firms behind the filing are pursuing financial interests which do not align with, differ from and infringe on the rights which their clientele. We’ll submit an answer to the appellate court.”
Talc safe cosmetics. Clay Thompson, a lawyer for MRHFM, which boasts more than mesothelioma victims who have sued J&J claimed that the second bankruptcy attempt of J&J will fail.
“J&J issue press releases about how great its plan is while simultaneously requesting that details of the plan, such as what individual sick people would actually receive — be kept private,” Thompson said in an email. “What does the company have to cover up?”
Kaplan has commanded the parties to create a reorganization plan, under the supervision from two mediators.
As of February 2022 Kaplan confirmed J&J’s use of Chapter 11 to hasten a settlement that would relieve the company from the tens of thousands of claims regarding its talcum products.
But in the month of January, an appeals court of the federal government overturned the decision, deciding that the firm could not be considered to be in “financial distress.”
In the event that J&J’s request to appeal to the U.S. Supreme Court was rejected the same month, J&J was granted a second petition for bankruptcy roughly two hours after. In response to that move, Kaplan froze the lawsuits for 60 days to decide whether or not to accept an additional bankruptcy.
J&J’s unstoppable profit engine sputters after $6.9B settlement charge for talc.
With the 2 Chapter 11 attempts, J&J has gotten 19 months of which cases were placed on hold. Talc safe cosmetics. The company would like claimants to vote on accepting their settlement. J&J would need 75% acceptance for the deal to go through.
In addition to the team of talc lawyers who criticised the bankruptcy of the company as well, the U.S. Trustee which is a division that is part of the U.S. Department of Justice was also the one to file an application to dismiss LTL’s second bankruptcy.
In a filing this week, U.S. trustee Andrew R. Vara wrote that the doors of the bankruptcy court remain “open to honest, but naive debtors.” The doors “are not accessible to those who do not have a legitimate bankruptcy reason or want to take advantage of the bankruptcy process to delay or hinder their creditors.” Vara continued.
On the other hand, J&J maintains there is no evidence conclusive that its talc products, including its iconic baby powder, can cause cancer. J&J has taken its products off of the market–first for North America in 2020–and the rest of the world next year.
J&J is determined to stay clear of the expense of going to trial. J&J has won the majority of cases decided through trial, though some losses have been punitive.
A highly-publicized trial in Missouri led to a $4.7 billion verdict against the drug maker but was later reduced 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 involving talc that are appealing or decided. In 41 trials 32 of them ended in the favor of J&J as well as mistrials or verdict for a plaintiff that was overturned after appeal. Talc safe cosmetics. The company also in 2020 sought to settle around 1000 cases at a cost of 100 million dollars, Bloomberg announced at that time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Talc Safe Cosmetics
Our lawyers are handling baby powder lawsuits across every state. The lawsuits involving talcum powder in the case of Johnson & Johnson have been ongoing for many years. Talc safe cosmetics. The lawsuits contend that the prolonged use of talcum powder (or “talc”), the active ingredient found in products such as Baby Powder along with Shower to Shower which can cause ovarian cancer in certain women.
This page gives the J&J talc power litigation update and examines how the coming bankruptcy ruling will impact the final settlement amounts of the cases of ovarian cancer.
Is the deadline for you to make a claim for talcum powder? Many who assume the deadline has passed to file a lawsuit against Johnson & Johnson are wrong. Call us at 800-553-882 or get a free and quick review of your case online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Talc Safe Cosmetics
June 2 2023 Update: In the asbestos talc trial in California yesterday, a couple of technical glitches interrupted the opening statements of the defense lawyers. Talc safe cosmetics. Jurors watching from their homes via Zoom, did hear Johnson & Johnson’s lawyer expressing skepticism about the 70s science affirming the presence of asbestos in their product prior to the proceedings abruptly ended.
The plaintiff was able to present its first expert witness Arthur Langer. Langer explained that the occurrence of other minerals in the talc mineral is a given. He claimed that his group had notified J&J in the year 1971 of the presence of chrysotile asbestos the company’s talc, albeit with lesser than 0.1 percent. The asbestos was discovered by him in 1976.
June 1st, 2023 Update Talc safe cosmetics. A trial for the first time since J&J took the decision to disband its talc division and declare bankruptcy marks an important point in the ongoing talc litigation controversy. Trial started on Monday in the poignant case of a young, 24-year-old plaintiff, diagnosed with a rare and aggressive form of mesothelioma in the past year, an illness that lawyers on both sides believe is a harrowing tragedy.
Opening statements laid bare stark differences in each side’s story. The attorney representing the plaintiff aimed his ire at Johnson & Johnson, alleging that the company employed deceitful methods in their research practices as well as throughout the litigation process. As per the lawyer the company attempted to manipulate asbestos’ definition, in spite of internal documents from 1998 and 1994 that show asbestos fibers in the plaintiff’s tissue are included.
Johnson &J’s tangled $8.9 billion settlement deal hangs in the balance as we progression of this trial. Despite the unique nature of the mesothelioma trial and the unique issues it faces compared to other talcum powder lawsuits, a verdict favoring the plaintiff could be an enormous setback for J&J’s hopes for broad acceptance of their settlement proposal among plaintiffs.
May 31, 2023: Update from Johnson & Johnson’s bankrupted talc unit has vigorously defended their 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, J&J’s subsidiary claimed that the case was fundamentally different from the earlier filing. It also emphasized the unprecedented commitment of $8.9 billion to J&J, the largest settlement ever in any bankruptcy case that involves mass tort. Talc safe cosmetics. Not mentioned: how this amount means it is a fair settlement. J&J also claimed support from various plaintiffs’ law firms that represent over sixty thousand claimants. This is difficult to verify but likely incorrect.
May 24, 2023 Update: Since Johnson and Johnson’s bankruptcy filing in 2021 filing, the first trial concerning its cosmetic talc products allegedly that contain asbestos is scheduled to commence jury selection on Monday in California with Alameda County Superior Court, the most favored place for plaintiffs. Plaintiff claims that mesothelioma was triggered by asbestos exposure in J&J’s product which that the company denies. The trial also includes six retailers who are accused of selling talc-based products.
May 22nd, 2023 Update: Lawyers involved in the 2nd J&J Talc bankruptcy are currently battling over who should be chosen to fill the role of a future claims representative. This is an important role essential in resolving the claim for talc. Talc safe cosmetics. Randi Ellis, a lawyer who is frequently involved in MDLs throughout the country was appointed the claims representative during the first bankruptcy. J&J’s defense group wants Ellis to be appointed to that role again, but lawyers for the talc plaintiffs have raised objections because Ellis has conflicts of interest that should prevent her from being appointed to that post again. The dispute stems from issue that Ellis was reportedly involved in the creation of the hotly contested second bankruptcy, which raises doubts about her capacity to be neutral. In reality, this bankruptcy is likely to be dismissed in the end.
May 17, 2023 Update: The pretend company that J&J put together for the talc litigation bankruptcy has informed a New Jersey bankruptcy court that they have allocated $400 million to settle claims made by states accusing the company of deceitful advertising regarding its talc products. Talc safe cosmetics. It’s a $8.5 billion settlement for cancer patients. It’s difficult to imagine any scenario in which J&J will be able to push the settlements of baby powder through given these numbers. While J&J’s proposed $8.5 billion offer sounds like a lot of money initially, it will not look good when you look at the numbers. The settlement plan based on our rough calculations would not be able to pay victims more than $100,000 per case. That is not enough.
May 15th, 2023 update: J&J is potentially facing a lawsuit by an advocacy group representing cancer victims. Talc safe cosmetics. The group argues that J&J intentionally withdrew an $61.5 billion financing agreement together with its parent company, LTL Management LLC, to simulate financial distress and to validate the company’s Chapter 11 bankruptcy filing. The group claims this decision is a fraud transfer of rights of victims’ compensation. They intend to investigate J&J’s actions after the announcement of the denial of the LTL’s bankruptcy case in its first instance.
May 10 2023 Update: The following week this week, it is expected that the U.S. Bankruptcy Court in New Jersey will hear oral arguments on a petition to dismiss the second bankruptcy petition filed by J&J LTL Management, J&J’s subsidiary. LTL Management. However, in the meantime it has approved an order that requires both parties to take part in a second settlement mediation to see if the global settlement can be reached.
May 5th 2023 Update: The talc supplier Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to many lawsuits claiming that its talc products caused cancer through asbestos exposure. Talc safe cosmetics. Over 2,700 individuals have sued the company and it has been spending $1 million a month on legal defense. The company’s most recent $29 million verdict in South Carolina forced it to seek bankruptcy protection, arguing for equitable distribution of assets among talc claimants instead of being seized in the hands of the receiver. Other suppliers of talc have been forced to file for bankruptcy as a result of legal proceedings.
May 4 2023 update: U.S. The bankruptcy Judge Michael Kaplan has directed Johnson & Johnson to restart negotiations with lawyers who have rejected the proposed $8.9 billion settlement offer. At Trenton, New Jersey yesterday, the parties appeared before a judge to discuss the next steps in this second case of bankruptcy and Judge Kaplan pushed more settlement talks.
This is the way to settle these claims with J&J. A settlement for baby powder can be achieved. Talc safe cosmetics. However, it’ll require additional money – perhaps billions of dollars of Johnson & Johnson.
Lawyers have a split opinion on whether to take the proposal or not and not all clients see the issue in the same manner their lawyer does. Second bankruptcy cases are bound to be a failure and Judge Kaplan has set a date for a hearing in June to determine if she will close the case for the third time.
May 3, 2023 Update: A group of cancer victims who are suing Johnson & Johnson (J&J) asked for the Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it is an attempt to halt litigation over talc products. The committee representing talc claimants made a motion Tuesday, asking to the Third Circuit to consider their case and to send it back before a court of lower jurisdiction with instructions for dismissing the bankruptcy. Talc safe cosmetics. They also asked that stoppage of tort litigation against J&J continue to proceed.
LTL applied for Chapter 11 protection once again following the bankruptcy filing it made earlier was rejected by the Third Circuit earlier this year which offered an $8.9 billion settlement. The committee says that the recent ruling allowing LTL’s third Chapter 11 to continue, in addition to halting trials against J&J should be subject to urgent Third Circuit review. The US Trustee also asked that the New Jersey bankruptcy court dismiss the LTL bankruptcy case. J&J’s global vice-president of litigation Erik Haas, was quoted by Bloomberg as saying that J&J plans to file a reply in the appeals court calling the request a “desperate and legally flawed attempt” by a select group of law firms who have conflicts of financial interests.
May 1 2023 Update: One frequently asked question is how the plaintiffs’ lawyers and their clients turn off $8.9 billion. Of course, that’s quite a sum. But there are a lot of victims. Talc safe cosmetics. They are a great claims for plaintiffs. We were reminded of this recently in two talc trials which led to huge verdicts for the plaintiffs. In February, a talcum powder mesothelioma trial in Oregon ended in a verdict of $18.1 million. The following month, a second mesothelioma trial involving talc was held for trial in South Carolina and resulted in an award of $29 million in favor of plaintiff. Both cases were defended by Whittaker, Clark & Daniels Inc. one of the most prominent suppliers of talc within the U.S.
April 30th 2023 Update: J&J initially attempted to pull the litigation over talcum powder into bankruptcy, it was met with an offer to set aside $2 billion to settle the case. This was an absurdly low amount. None of the talc plaintiffs believed in it. This time around, however, J&J has increased the offer to $8.9 If the talc plaintiffs accept a bankruptcy settlement and they have the backing of a significant section of the talc victims and their lawyers. Talc safe cosmetics. However, 75% of plaintiffs in the talc category, which is required for bankruptcy plan approval It’s a long and difficult process because of the number of lawyers who have vast inventory of baby powder lawsuits that are opposed to the settlement.
What are the solutions to the impasse? More billions.
April 25 2023 Update Talc cancer claimants have requested a judge to reject the Chapter 11 case filed by LTL Management LLC, a absurdly fabricated Johnson & Johnson subsidiary, saying the company is not financially distressed. LTL applied for Chapter 11 to settle tens of thousands of claims that J&J’s baby powders cause cancer. Talc safe cosmetics. In the end, however, the 3rd Circuit dismissed its first Chapter 11 case in January and said that the company was not eligible for bankruptcy relief because it did not show financial distress.
The claimants contend that the second Chapter 11 case is an fraud on the bankruptcy system and it’s being conducted in bad faith. J&J claims the bankruptcy settlement is backed by “significant support” from the firms that represent about 60,000 potential claimants. It’s fair to say that lawyers representing plaintiffs and victims ‘ lawyers are not united over the $8.9 billion amount of settlement offered.
April 21st, 2023 Update: A bankruptcy judge has ruled that Johnson & Johnson must face new lawsuits alleging that the firm offered a baby powder with a contaminant that caused cancer. Although trials for the lawsuits involving talc are delayed for a minimum of 60 days however, new lawsuits may be filed, and lawyers will begin preparing their cases. Talc safe cosmetics. The judge expressed his doubts about J&J’s attempt to revive its strategy with a second bankruptcy trial.
April 13, 2023 Update: big story is that there’s an $8.9 billion over the course of 25 year period settlement offered. Lawyers representing cancer patients within MDL class action MDL Class Action have vowed to fight the settlement alongside talc claimants. Why? They feel it’s not enough to pay for more than 70,000 cancer victims. Talc safe cosmetics. These lawyers argue that J&J should seek a bigger settlement or litigate individual claims if the most recent bankruptcy is thrown out.
But there is another group of lawyers that is not part of the top leadership in that class action. The lawyers collectively have accumulated tens of thousands of cases. The group is seeking to settle with what they believe is lower than what the victims should be paid. The argument they make is two-fold. First, they argue the settlement of around 100,000 dollars per plaintiff is fair.
It’s a difficult argument to make. However, their second argument has more force: the victims can now not wait and they want their money today.
April 12 2023 Update: Some people are looking for ways J&J can file for bankruptcy once more. The answer is complicated and confusing. However, let’s attempt to explain it clearly.
Johnson & Johnson asserts that bankruptcy is the only way to settle both present and future lawsuits involving talc conclusively. It thinks it can get a lower rate if there is a bankruptcy component that applies pressure for a settlement. Talc safe cosmetics. Moving past the 400-year span of American history, the firm argues that bankruptcy benefits all parties as it distributes settlement payments more equitably and efficiently than trial courts, which are where litigants get significant settlements while others get nothing.
The basic tenet of the 3rd Circuit decision was this is not a case – a profitable company making an entity to assume the legal risk and declare bankruptcy Congress contemplated when drafting the Bankruptcy Code. But it also said that the entity was in financial crisis due to the fact that J&J promised unlimited funding.
So J&J decided to go with the unlimited funding part of the deal and did not promise to offer unlimited funding for cases. J&J claims that its updated financing arrangements with its subsidiary will address appeals court’s concerns while still supplying funds for claim payments. As if offering victims lower amounts of money would resolve the underlying issue.
Lawyers representing cancer patients who oppose the agreement counter this argument by saying that it is countering legal nonsense with legal absurdity: J&J fraudulently transferred $50 billion of assets from LTL Management to circumvent the appeals court’s previous ruling. Hyperbole is not exempt the lawyers representing victims call it the largest “fraudulent transaction ever in United States history.”
In spite of the legal jargon, J&J does not really think this bankruptcy will survive. However, it’s a means to push for this $8.9 billion settlement, and to keep pressure on plaintiffs.
April 10, 2023 update: Bloomberg has an interesting report on a brand new law in New Jersey that is shedding new light on the funding of litigation in the baby powder Class action suit. The funders who fund litigation Virage Capital Management and TRGP Capital invested in hundreds of lawsuits in the case of Johnson & Johnson (J&J) on behalf of talc products. They exchanged for a percentage of any wins. J&J has now offered that it will pay $8.9 billion to settle lawsuits.
The involvement of the funders is made public due to a New Jersey court rule requiring the release of certain details regarding outside funding backers. The rule aims to address the rising calls for regulation of litigation funders. J&J has more than 60,000 claims when you include federal and state baby powder lawsuits. Third-party funding of mass tort cases has both pros and cons. However, there is no doubt that we are witnessing the ways that third-party funding can even the playing field between people and large corporations in court.
April 4 2023 Update: It is interesting to watch the worm turn in this litigation. J&J has taken another blow this week, when they were denied by the Third Circuit denied J&J’s request to maintain the automatic stay during the time that J&J appeals an appeal before the U.S. Supreme Court. It has stopped thousands of talcum cases and prevented new lawsuits from arising ever since J&J started the controversial process to spin the talc liability off into a bankrupt company over one year in the past. Talc safe cosmetics. When the 3rd Circuit ruled that this bankruptcy was not valid some months ago, the stay was revoked. J&J was hoping to have it continued pending an appeal to the SCOTUS appeal. The answer was no.
April 1, 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 for the Supreme Court is willing even to hear the appeal? Low.
March 16, 2023 Update: with the bankruptcy stay officially lifted, the very first new cases were filed and incorporated into the class action involving talcum powder MDL in just over a year. Seven new talc cases were included in the MDL in the last month increasing the number of cases in the pending process up to 37,522.
February 25 2023 Update This morning, a Congressmen from Tennessee is now calling for The U.S. Government Accountability Office (GAO) initiate an investigation into the amount J&J talc products have cost the government over the decades.
A recent email addressed to the GAO, Rep. Steven Cohen (D-Ten.) accused J&J of ignoring the risks of its talc products over long while tax dollars utilized to treat people injured by exposure to the chemicals. The lawsuit comes just a few weeks after J&J’s significant loss in the 3rd Circuit Court of Appeals.
Talc safe cosmetics. J&J must begin making reasonable settlement offers to victims, in order getting this behind it. It’s a mark on one of the greatest firms.
February 14 2023 Update: During 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 Talc safe 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!