ltl management

J&J Is Left Weighing Options After Second Talc Bankruptcy Tossed

Johnson & Johnson may be forced to pivot to other legal avenues to resolve tens of thousands of cancer claims after its latest bankruptcy court setback.

J&J cannot use the bankruptcy of its subsidiary, LTL Management LLC, to settle claims that its talc-based products, like baby powder, caused cancer, Judge Michael Kaplan of the US Bankruptcy Court for the District of New Jersey ruled July 28.

The ruling leaves J&J boxed out of its preferred venue to settle the claims, although the company said it would appeal. Aside from an appeal, J&J can settle individual claims, negotiate with plaintiff firms or pursue a global settlement.

J&J didn’t immediately respond to a request for comment. Lawyers pursuing claims against the company are weighing next steps, and some have said they are continuing to discuss a resolution with J&J.

Although it would be more challenging for the company to resolve all claims through mass tort litigation,“there are ways of resolving this outside of bankruptcy,” said Otterbourg PC attorney Adam Silverstein, who represents the official committee of claimants in the LTL bankruptcy.

LTL was not in “imminent and immediate financial distress” and therefore did not qualify for the benefits of bankruptcy, Kaplan ruled.

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August 4, 2023 by ATTORNEY

J&J Jury’s Cancer Verdict Ramps Up Pressure on Bankruptcy Vote

An $18.8 million jury verdict in favor of a man who said Johnson & Johnson’s baby powder caused his cancer poses a potential setback for the company’s efforts to rally support behind its talc unit’s bankruptcy settlement.

The July 18 verdict is the first in nearly two years to consider the health risks of J&J’s baby powder. It bolsters plaintiffs’ attorneys who have argued during the bankruptcy of J&J’s affiliate, LTL Management LLC, that the talc-based product causes cancer.

By awarding Anthony Hernandez Valadez millions, the California jury has thrown J&J a curveball and potentially influenced claimants to vote against the proposed $8.9 billion settlement designed to resolve tens of thousands of talc claims in LTL’s bankruptcy. It could also place pressure on the judge overseeing the case by inspiring others to try to pursue their claims in front of a jury.

“I think that this verdict supports our view that this is not an adequate proposal and I think any plaintiff should consider this as part of their decision about what they tell their lawyers,” said Chris Tisi, an attorney with Levin Papantonio Rafferty who represents talc claimants.

The verdict is one of multiple large jury verdicts awarded over

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July 27, 2023 by ATTORNEY

3M Unit Bankruptcy Toss Is Second Blow to Mass Tort Defense Play

The termination of 3M Co. unit Aearo Technologies LLC’s bankruptcy casts fresh doubt on the tactic of using Chapter 11 bankruptcy as a legal strategy in mass tort litigation, likely emboldening plaintiffs.

The June 9 decision from Judge Jeffrey J. Graham of the US Bankruptcy Court for the Southern District of Indiana hewed closely to the US Court of Appeals for the Third Circuit’s analysis earlier this year in its dismissal of a Johnson & Johnson subsidiary’s bankruptcy on similar grounds.

The two rulings are a pair of major setbacks for solvent companies eyeing bankruptcy to handle mass tort liabilities—a practice that has seen substantial growth in recent years.

Graham’s decision, along with the Third Circuit’s ruling on J&J unit LTL Management LLC, creates “hurdles that may be absent from the bankruptcy code,” said attorney Douglas Mintz of Schulte Roth & Zabel LLP.

“I think the biggest application here is it will empower plaintiffs to push more aggressively outside of bankruptcy and leave tort defendants with fewer tools in their toolbox or less certainty that one of the tools will work,” Mintz said.

Graham held that Aearo’s attempt to use bankruptcy to settle approximately 230,000 lawsuits over allegedly defective military

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June 15, 2023 by ATTORNEY

Judge reports threats, harassment over J&J talc bankruptcy

A bottle of Johnson and Johnson Baby Powder. REUTERS/Mike Segar/Illustration

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  • Judge revealed the harassment at a hearing on a J&J subsidiary’s effort to block two states’ consumer protection lawsuits

(Reuters) – A U.S. bankruptcy judge on Wednesday said he has received threats related to the bankruptcy of a Johnson & Johnson subsidiary he is overseeing, with some messages suggesting that the case is an effort to “cover up” harms allegedly caused by J&J’s talc products.

Chief U.S. Bankruptcy Judge Michael Kaplan in Trenton, New Jersey said at a hearing that he and his staff have been getting angry and menacing messages through phone calls, voicemails, emails and social media posts since his February decision not to dismiss the bankruptcy case of LTL Management LLC.

J&J created the subsidiary in October, assigned its talc liabilities to it and put it in bankruptcy a few days later, in an attempt to resolve approximately 38,000 lawsuits alleging that its Baby Powder and other talc products caused mesothelioma and ovarian cancer.

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J&J, which has denied the allegations and said that its products

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September 15, 2022 by ATTORNEY
December 2024
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