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Since the last month, only a single new case was added to the talcum powder MDL, bringing the total of pending lawsuits to 58,206.

The relative standstill in new cases before a major hearing two weeks out is attributed to the bankruptcy of Johnson & Johnson’s subsidiary, Red River talc.

On the week of February 19, the trial’s two-week proceeding, presided over by U.S. Bankruptcy Judge Christopher Lopez, began playing out in Texas.

As many as 40 witnesses are set to be featured.

The Chapter 11 filing is expected to be challenged, with questions regarding whether the $10 billion settlement plan was approved due to voting regularities.

A total of 58,205 pending cases were recorded in the MDL at the start of January, with four new lawsuits having been filed in the previous month.

A recent talc trial in Pittsburgh ended in a defense verdict for Johnson & Johnson, but still delivered a noteworthy outcome.

While the jury found no causal link between the company’s talc products and the plaintiff’s mesothelioma, they still awarded $22 million in punitive damages.

This decision signals that the jury deemed Johnson & Johnson’s conduct deserving of punishment, despite the lack of causation.

The verdict underscores growing scrutiny of the company’s practices.

Since November, three new lawsuits have been added to the MDL, bringing the total number of pending cases to 58, 201.

A bankruptcy judge has extended the pause on baby powder lawsuits against Johnson & Johnson until mid-March.

This ruling gives J&J more time to pursue its bankruptcy strategy to resolve tens of thousands of injury claims.

During the hearing, the judge refused to expand the litigation freeze to other entities or lift it to let individual cases proceed.

J&J has proposed a settlement exceeding $8 billion through a separate corporate entity created to take on the lawsuits and file for bankruptcy.

Judge Lopez will decide whether J&J’s bankruptcy plan is approved following a trial scheduled for late January.

Since October, 146 new cases have been added to the multi-district litigation (MDL) around Johnson & Johnson’s talcum powder products, for a total of now 58,198 pending lawsuits.

In the bankruptcy case for Red River Talc LLC, J&J’s subsidiary, the Department of Justice, via the U.S. Trustee, has objected to the selection of Jones Day as a legal counsel.

The U.S. Trustee pointed out that Jones Day had previously allowed companies to shield their assets from mass tort claims by creating subsidiaries to take on liabilities.

A recent lawsuit involving a Massachusetts real estate developer resulted in a court order requiring Johnson & Johnson and several subsidiaries to pay $15 million in damages.

The plaintiff, who argued that asbestos exposure caused their mesothelioma diagnosis, initially sought $30 million in damages.

During the trial in Connecticut, J&J’s defense contended that a genetic mutation, rather than asbestos exposure, was the true cause of the illness.

The defense had offered a $4 million settlement, but the court ultimately ruled in favor of the plaintiff with the $15 million award.

The U.S. Trustee overseeing Johnson & Johnson’s third talc bankruptcy has accused the company of “forum shopping” by attempting to move its case from Texas to New Jersey.

The Trustee claims J&J’s subsidiary, Red River Talc LLC, mirrors the previous LTL Management, suggesting J&J seeks to evade unfavorable rulings.

The Trustee emphasizes the need to uphold the integrity of the bankruptcy process by keeping the case in New Jersey.

A Texas bankruptcy judge has temporarily halted some lawsuits against J&J to clarify jurisdictional issues in Red River Talc LLC’s Chapter 11 case.

Concurrently, J&J has proposed an $8 billion settlement fund, aiming to resolve 99.75% of current ovarian cancer claims, with support from 83% of plaintiffs.

This represents J&J’s third attempt to address its talc liabilities through bankruptcy.

The MDL judge denied a request to consolidate two cases for the first bellwether trial scheduled for December 3, 2024, deciding to proceed with only one plaintiff.

In related developments, an Oregon judge overturned a $260 million verdict against J&J in a mesothelioma case, granting a new trial based on alleged legal errors.

Johnson & Johnson has requested a federal judge to dismiss a proposed national class action aimed at providing medical monitoring for users of its talc-based products.

The proposed compensation would cover ongoing health assessments for those exposed to talc, even if they haven’t developed related illnesses, emphasizing the importance of early detection for diseases like ovarian cancer.

Critics argue that these lawsuits distract from victims suffering severe injuries due to these products.

In a notable case, a South Carolina jury awarded over $63 million to Michael Perry, a terminal lung cancer patient diagnosed with mesothelioma after exposure to asbestos in Johnson & Johnson’s talc-based baby powder.

The jury found both J&J and American International Industries negligent, linking their products to Perry’s condition.

While J&J avoided liability for fraudulent misrepresentation, it faced $30 million in punitive damages, contributing to a total award of $63.4 million.

Early reports indicate that more than 75% of talc claimants voted in favor of a recent settlement plan, suggesting a significant shift toward resolving litigation related to talc products.

Official results are pending.

The 3rd Circuit Court has upheld the dismissal of LTL Management’s bankruptcy case.

The court ruled that LTL Management, a subsidiary of Johnson & Johnson created to handle all talc-related liabilities, was not in financial distress at the time of its filing.

As a result, the court determined that the bankruptcy filing was not made in good faith.

The court further clarified that the possibility of future insolvency does not warrant a Chapter 11 filing. Johnson & Johnson intends to appeal this decision to the Supreme Court.

Claimants are required to vote on the settlement plan by 4:00 p.m. (Central Time) the following day, with reference to the voting details included in the solicitation package sent to claimants or their attorneys.

The plan commits J&J and its associated companies to pay ovarian cancer claimants a present value of approximately $6.475 billion over 25 years, establishing a multi-billion-dollar trust to compensate current and future talc claims related to ovarian cancer.

If accepted by at least 75% of voters, the plan will lead to a bankruptcy filing under the case name “In re: Red River Talc LLC” in bankruptcy court.

A hearing will be scheduled to confirm the plan, with further notifications issued if an objection deadline is set by the court.

According to a recent World Health Organization assessment, exposure to talc in Johnson’s Baby Powder likely increases the risk of cancer, particularly ovarian cancer.

While this litigation began with people dismissing the connection between talc and baby powder as a fabricated story by plaintiffs’ lawyers, it is now becoming an accepted fact.

A significant decision on the settlement in these lawsuits is approaching.

Johnson & Johnson proposed a $6.5 billion settlement to resolve baby powder ovarian cancer lawsuits, which will be contingent on a supermajority of the claimants (75%) coming to an agreement by the end of this month.

Because media coverage has focused on J&J’s legal dispute with a firm involved in ongoing talcum powder mass tort litigation, Johnson & Johnson seeks to disqualify the firm from the litigation, alleging multiple ethical violations.

Johnson & Johnson’s recent attempt to undermine the talc litigation by targeting the credibility of plaintiffs’ experts hit a roadblock yesterday.

The company lost its lawsuit against Dr. Jacqueline Moline, whom it accused of failing to disclose alternative asbestos exposure evidence and making false claims about J&J’s baby powder.

This lawsuit revolved around Dr. Moline’s 2019 article, which asserted that 33 plaintiffs who used J&J talc products and developed mesothelioma had no other potential asbestos exposures.

A New Jersey federal court judge ruled that the First Amendment protects Dr. Moline’s statements.

There was a slight increase in cases last month, rising from 57,365 to 57,624 as of July 1.

Los Angeles County in California has initiated a lawsuit against Johnson & Johnson, alleging that the company’s talc Baby Powder product is linked to mesothelioma, a rare and aggressive cancer associated with asbestos exposure.

The lawsuit contends that Johnson & Johnson was aware of the potential health risks but continued to market and sell talc-containing products, thereby contributing to public health issues, including cancer and severe illness.

This legal action is not the first time Johnson & Johnson has faced allegations and lawsuits related to asbestos in its products.

Previous cases have raised concerns about the company’s marketing practices, including accusations of targeting minority groups.

Although Johnson & Johnson had previously announced the discontinuation of talc-based baby powder production, it is still accused of selling it online.

Furthermore, the company’s attempts to evade liability through a legal tactic known as the “Texas Two-Step” have been thwarted by a judge in previous cases.

Johnson & Johnson is reportedly making a third attempt to file for bankruptcy on behalf of its subsidiary, LTL Management, in a bid to evade liability in the Talcum Powder Lawsuit.

J&J’s efforts to push its subsidiary into bankruptcy have caused significant delays in the Talcum Powder Lawsuit.

Following the rejection of their second bankruptcy attempt by the courts earlier this year, the Talcum Powder litigation was reopened, and thousands of lawsuits were added to the Multi-district Litigation (MDL).

On two previous occasions, the courts have denied J&J’s requests to file for bankruptcy, with judges citing the company’s lack of clear financial distress as the basis for their decisions.

Currently, there are 51,000 lawsuits filed against Johnson & Johnson, alleging that the use of talc in baby powder and similar products has led to cancer.

The litigation is in the preliminary stages of collecting information for trial.

A New Jersey court has invalidated a $224 million judgment against Johnson & Johnson in a talcum powder lawsuit brought by four individuals who claimed to have developed cancer from the company’s products.

The appeals court determined that the expert testimony presented in the lower court was flawed and has ordered a new trial.

It’s important to note that this decision does not have any bearing on other Talcum Powder Lawsuits initiated by individuals who are also contending that their ovarian cancer resulted from Johnson & Johnson’s products.

Originally, Johnson & Johnson was instructed to pay $37.3 million to the plaintiffs in 2019, in addition to $186.5 million in punitive damages.

The company had contested this ruling, asserting that the experts’ testimony was unreliable.

It’s worth mentioning that Johnson & Johnson faces numerous lawsuits from individuals who allege that their use of talcum powder led to cancer.

The company maintains that its product is safe.

In the two months following the removal of the bankruptcy stay in the Talcum Powder Litigation, an additional 10,000 cases have been included in the MDL (Multidistrict Litigation).

With the resumption of the Talcum Powder Lawsuit, a new presiding judge, Michael Shipp, has been appointed.

Judge Shipp has allocated multiple days for the execution of pretrial procedures, one of which permits both parties to introduce scientific evidence they consider pertinent.

It’s important to note that these presentations will not be used during the trial itself; instead, they are intended to enhance Judge Shipp’s understanding of the case, enabling him to issue appropriate rulings in the future.

Following the dismissal of its second bankruptcy filing, Johnson & Johnson faces accusations of attempting to further delay the Talcum Powder litigation by challenging an expert testimony that received approval over two years ago.

Despite J&J’s efforts to once again postpone the trial, Judge Shipp, overseeing the litigation, is determined to expedite the legal proceedings. Recently, he issued court orders aimed at enhancing efficiency and expanding representation.

In one such order, Judge Shiff mandated that all attorneys representing plaintiffs who passed away during the stay period must either submit a motion for substituting a suitable party or provide the court with reasons for not selecting a suitable party substitute.

This action must be completed within a 180-day timeframe.

Additionally, another order issued by Judge Shiff established a structured process for filing Plaintiff Profile Forms (PPFs).

These PPFs enable plaintiffs to consolidate crucial information and medical records, simplifying access to vital case details for the courts.

The bankruptcy trial of LTL Management wrapped up in New Jersey recently.

The decision now lies with U.S. Bankruptcy Judge Michael Kaplan, who will determine whether to accept or reject the bankruptcy claim.

LTL Management is a subsidiary that was created to handle the talc powder lawsuits against J&J, aiming to prevent these cases from going before juries that had already granted substantial monetary awards.