Talc Plaintiffs Will Press to Reopen Courthouse Doors

In denying Motion for Rehearing, Third Circuit affirms J&J's 'Texas Two-Step' bankruptcy
was not filed in good faith

The U.S. Court of Appeals for the Third Circuit has denied a request for a rehearing of the LTL bankruptcy petition, signaling a move to reopen litigation against Johnson & Johnson (NYSE:JNJ) based on claims that the company's talcum powder products are linked to ovarian cancer and mesothelioma.

Once the Third Circuit issues a mandate, likely within days, attorneys anticipate swift action by state courts as well as the federal court handling the multidistrict litigation involving talc cases to resume litigation in more than 38,000 claims that have been held up by an injunction issued by the bankruptcy court. A significant number of new lawsuits – barred while the injunction was in place – are also expected to be filed.

"Finally, our clients will have the opportunity to present evidence to a jury that J&J knowingly exposed women to asbestos, talc fibers, and other known carcinogens through its talc products," says Leigh O'Dell , of the Beasley Allen Law Firm, who co-chairs the plaintiffs steering committee in the Talc MDL. "The evidence is strong and so is our commitment to finally achieve justice."

A November 2021 injunction by U.S. Bankruptcy Judge Michael B. Kaplan paused all talc litigation based on J&J's use of a Texas bankruptcy process known as the Texas Two-Step. By exploiting the Texas statute, J&J attempted to consolidate all talc litigation liabilities in a shell corporation that immediately filed for bankruptcy. If successful, the ploy would have shielded billions of dollars in assets of its consumer division and corporate parent while severely limiting the ability of cancer victims to obtain justice.

In January, a three-member panel of the Third Circuit ruled that the bankruptcy of J&J's shell subsidiary, LTL, was not filed in good faith, that LTL was not in financial distress deserving bankruptcy protection, and that the bankruptcy petition should be dismissed.

"The bankruptcy was a sham. So is the company's claim that it's seeking a fair and equitable resolution of these claims," Ms. O'Dell says. "At every step, Johnson & Johnson has tried to intimidate women into accepting pennies on the dollar as compensation for the harm they've suffered."

J&J's Texas Two-Step ploy immediately drew fire from legal scholars and members of Congress. It also prompted an outpouring of outrage from talc victims who were blocked from seeking their day in court. Nearly 200 plaintiffs expressed their indignation on video.

Earlier this year, Johnson & Johnson announced a halt to future sales and distribution of talc-based products worldwide, citing the legal claims brought by ovarian cancer and mesothelioma victims. Numerous scientific studies spanning decades have established the carcinogenic effects of cosmetic talc, while U.S. and Canadian regulators have called for enhanced testing techniques for products containing the mineral, particularly after independent testing by the U.S. Food & Drug Administration revealed asbestos in consumer samples of talc-based powders.

About Beasley Allen Law Firm
Headquartered in Montgomery, Alabama , Beasley Allen is comprised of more than 70 attorneys and 200 support staff. One of the largest Plaintiffs law firms in the country, Beasley Allen is a national leader in civil litigation, with verdicts and settlements in excess of $26 billion . Beasley Allen was one of only 12 firms in the nation named by Law360 to its Most Feared Plaintiffs Firms list in 2015, and the firm was included on the National Law Journal Midsize Law Firm Hot List and the NLJ Elite Trial Lawyers List in 2014. For more information about our firm, please visit our website at www.beasleyallen.com .

Media Contact:
Mike Androvett
800-559-4534
mike@androvett.com

Cision View original content: https://www.prnewswire.com/news-releases/talc-plaintiffs-will-press-to-reopen-courthouse-doors-301779145.html

SOURCE Beasley Allen Law Firm

News Provided by PR Newswire via QuoteMedia

JNJ
The Conversation (0)
doctor with hands together, palms up below digital medical symbols

Innovations and Opportunities in European Healthcare Technologies

In recent years, European companies have emerged as trailblazers in healthcare technology, effectively changing the face of health and patient care. Through innovation, they're not only improving systems, processes and patient outcomes but also saving lives.

These advanced European technologies are often only distributed and implemented exclusively within the European Union. The good news is that it doesn't need to stay this way.

Bringing European healthcare technologies to the North American market can potentially improve healthcare in this part of the world, open up new market opportunities for investors and expose those companies to significant growth capital.

Keep reading...Show less
Johnson & Johnson to Participate in the Goldman Sachs 44th Annual Global Healthcare Conference

Johnson & Johnson to Participate in the Goldman Sachs 44th Annual Global Healthcare Conference

Johnson & Johnson (NYSE: JNJ) will participate in the Goldman Sachs 44 th Annual Global Healthcare Conference on Tuesday, June 13 th , at the Waldorf Astoria Monarch Beach Resort & Club in Dana Point, CA. Biljana Naumovic, Worldwide Vice President, Oncology, and Peter Lebowitz, Global Therapeutic Head, Oncology, will represent the Company in a session scheduled at 4:20 p.m. (Eastern Time).

This webcast will be available to investors and other interested parties by accessing the Johnson & Johnson website at www.investor.jnj.com .

News Provided by Business Wire via QuoteMedia

Keep reading...Show less
Johnson & Johnson and Kenvue Announce Pricing of Upsized Kenvue Inc. Initial Public Offering

Johnson & Johnson and Kenvue Announce Pricing of Upsized Kenvue Inc. Initial Public Offering

Johnson & Johnson (NYSE: JNJ) and Kenvue Inc. ("Kenvue"), a wholly owned subsidiary of Johnson & Johnson, today announced the pricing of Kenvue's upsized initial public offering ("IPO") of 172,812,560 shares of Kenvue's common stock at a price to the public of $22.00 per share. In addition, Kenvue has granted the underwriters a 30-day option to purchase up to an additional 25,921,884 shares of its common stock to cover over-allotments, if any. Kenvue's common stock has been approved for listing on the New York Stock Exchange under the symbol "KVUE" and is expected to begin trading on May 4, 2023. The IPO is expected to close on May 8, 2023, subject to the satisfaction or waiver of customary closing conditions.

News Provided by Business Wire via QuoteMedia

Keep reading...Show less
Johnson & Johnson to Participate in the Bernstein 39th Annual Strategic Decisions Conference

Johnson & Johnson to Participate in the Bernstein 39th Annual Strategic Decisions Conference

Johnson & Johnson (NYSE: JNJ) will participate in the Bernstein 39 th Annual Strategic Decisions Conference on Wednesday, May 31 st , at the New York Hilton Midtown in New York. Joaquin Duato, Chairman of the Board and Chief Executive Officer will represent the Company in a session scheduled at 10:00 a.m. (Eastern Time).

This webcast will be available to investors and other interested parties by accessing the Johnson & Johnson website at www.investor.jnj.com .

News Provided by Business Wire via QuoteMedia

Keep reading...Show less

Kaleido Collaborates with Janssen on Metabolic Therapies

Kaleido Biosciences (NADAQ:KLDO) announced a research collaboration with Janssen’s World Without Disease Accelerator, part of the Janssen Pharmaceutical Companies of Johnson & Johnson (NYSE:JNJ).

As quoted in the press release:

Keep reading...Show less

Medtronic announces departure of Karen Parkhill, Chief Financial Officer

Medtronic plc (NYSE: MDT), a global leader in healthcare technology, today announced that Karen Parkhill will resign as executive vice president and chief financial officer to accept the role of chief financial officer for HP Inc.

"On behalf of our employees, our executive committee and our board of directors, I want to thank Karen for her leadership over the last eight years. I am personally grateful to Karen for her support through my transition to CEO, navigating the pandemic and delivering a new operating model for the company. We wish her all the best as she takes on the next chapter of her career," said Geoff Martha , Medtronic chairman and chief executive officer. "Across the company, we're building momentum with our innovation-driven growth strategy, and we remain focused and committed to delivering on our short- and longer-term financial objectives."

News Provided by Canada Newswire via QuoteMedia

Keep reading...Show less
Cleo Diagnostics

Cleo Commences U.S. Regulatory Process with FDA

Ovarian cancer diagnostics company, Cleo Diagnostics Limited (ASX:COV) (CLEO, or the Company) is pleased to announce progress in its regulatory strategy for its first commercial product, the pre-surgical triage test.

Keep reading...Show less

New MiniMed 780G system data demonstrates ability to address persistent blood sugar challenges for people with type 1 diabetes

With its advanced algorithm that provides autocorrections every 5 minutes, the latest data demonstrated that the MiniMed™ 780G system decreased rates of early morning hyperglycemia, known as dawn phenomenon, and improved overnight sleep

Medtronic plc (NYSE: MDT), a global leader in healthcare technology, is presenting a comprehensive body of new data at the American Diabetes Association's (ADA) 84 th Scientific Sessions that showcases the benefits of the MiniMed™ 780G system. New data shows how the system addresses hyperglycemia and nighttime burden, adding to the established body of evidence that demonstrates the system's ability to tackle unique and burdensome challenges of diabetes, such as managing highs and meal-time management or carb counting, while also mirroring outcomes across a wide-ranging patient population.

News Provided by Canada Newswire via QuoteMedia

Keep reading...Show less

Sempra Appoints Jennifer M. Kirk to Board of Directors

Sempra (NYSE: SRE) (BMV: SRE) today announced the appointment of Jennifer M. Kirk to the company's board of directors effective June 20 2024. Kirk is currently the global controller and chief accounting officer of Medtronic plc (NYSE: MDT) and has deep executive experience in finance, accounting and capital market activities, including more than 20 years in the energy industry.

Jennifer M. Kirk

"Bringing new perspectives into the boardroom is a critical component of our effort to support the company's mission to build North America's premier energy infrastructure company," said Jeffrey W. Martin , Sempra chairman and CEO. "Our board of directors embody a diverse set of skills, experiences and viewpoints that help guide Sempra's corporate strategy and overall business success. Jennifer's strong accounting and finance experience, coupled with her understanding of the energy business, will be a great complement to the board as we advance our corporate strategy and oversee financial discipline, risk management and ethical practices."

Before joining Medtronic, Kirk, 49, worked at Occidental Petroleum Corporation for more than two decades, serving in roles of increasing responsibility, including senior vice president of integration and value capture, and vice president, controller and principal accounting officer.

Kirk serves on the board of directors of Republic Services, where she is chair of the audit committee. She holds a bachelor's degree in economics from UC Santa Barbara and a master's degree in business administration from California State University, Bakersfield .

With the appointment of Kirk, Sempra will have 10 directors with three having been newly elected over the past five years, reflecting the company's commitment to periodic board refreshment to ensure fresh and diverse perspectives are present in the boardroom. Kirk will serve on the board's audit committee and the safety, sustainability and technology committee.

About Sempra
Sempra (NYSE: SRE) is a leading North American energy infrastructure company focused on delivering energy to nearly 40 million consumers. As owner of one of the largest energy networks on the continent, Sempra is electrifying and improving the energy resilience of some of the world's most significant economic markets, including California , Texas , Mexico and global energy markets. The company is recognized as a leader in sustainable business practices and for its high-performance culture focused on safety and operational excellence, as demonstrated by Sempra's inclusion in the Dow Jones Sustainability Index North America and in The Wall Street Journal's Best Managed Companies. More information about Sempra is available at sempra.com and on social media @Sempra .

Sempra Logo (PRNewsfoto/Sempra)

Cision View original content to download multimedia: https://www.prnewswire.com/news-releases/sempra-appoints-jennifer-m-kirk-to-board-of-directors-302177421.html

SOURCE Sempra

News Provided by PR Newswire via QuoteMedia

Keep reading...Show less
Cardiex Limited

Cardiex Sales and Operations Update

On behalf of Cardiex (ASX:CDX) (the “Company”), I’m pleased to provide the following updates on recent progress across our business units.

Keep reading...Show less
Cardiex Limited

Options Prospectus

Cardiex Limited (ASX:CDX) (Cardiex, the Company) is pleased to share its Options Prospectus.
Keep reading...Show less

Latest Press Releases

Related News

×