empty
15.02.2022 10:39 AM
J&J tries to minimize damage from talc lawsuits using Texas two-step

It was reported on Monday that a Johnson & Johnson subsidiary was accused of trying to use the bankruptcy process to withdraw lawsuits over their baby powder. There is some speculation that it causes cancer.

The subsidiary, LTL Management, chose the bankruptcy strategy as a way to reach a fair resolution of 38,000 lawsuits claiming that J&J's talc-based products cause cancer including mesothelioma. The company, though, stands firm on its point: the products are safe.

The Texas Two-Step

The core of J&J's strategy is the Texas two-step. It is a Texas law that allows corporations to found a new company that will undertake hardships and obligations instead of the parent company. The new company gets separated from the founder and declares itself bankrupt. This allows companies to resolve issues with plaintiffs, avoiding a jury trial and heavy financial losses.

Public Opinion

According to the plaintiffs' lawyers, the LTL bankruptcy filing allows J&J to limit payments to victims to $2 billion. One of the lawyers called the move a rotten and deceitful one.

Robert Wuesthoff, president of LTL Management said the lawsuits would not be taken to court. By the way, before J&J founded its subsidiary, it had 10 talc trials a year.

He added that most cancer plaintiffs might accept payments offered in bankruptcy, rather than hope to be among the few who could receive extraordinary payments.

According to some reports, last year the company launched Project Plato, which functioned as a pack mule: to undertake the liabilities of the parent company and file for bankruptcy.

What's next?

Many companies misuse the Texas two-step. Hence, in July 2021, the House of Representatives proposed a bill blocking this move.

Michael Kaplan, a U.S. bankruptcy judge, set a five-day court session to review a bid to close the bankruptcy case. The court's decision is expected to be announced by the end of the month.

As reported on Monday, J&J resolved 6,846 "talc" cases. The settlement totaled $966 million. This happened before LTL was formed.

According to Brian Glasser, a lawyer representing the plaintiffs, if all 38,000 talc cases had been settled, the company would have been obliged to pay $5.5 billion. That wouldn't be a financial hit for such a big company.

Shares of J&J ended down 1.3% at $165.60.

While J&J is waiting for the LTL's bankruptcy proceedings outcome, the talc lawsuits are paused.

The company stopped baby powder sales in the U.S. and Canada in May 2020, partly due to what it described as "misinformation" and " unfounded allegations" about the talc-based product.

Anastasia Miller,
Analytical expert of InstaForex
© 2007-2025
Select timeframe
5
min
15
min
30
min
1
hour
4
hours
1
day
1
week
Earn on cryptocurrency rate changes with InstaForex
Download MetaTrader 4 and open your first trade
  • Grand Choice
    Contest by
    InstaForex
    InstaForex always strives to help you
    fulfill your biggest dreams.
    JOIN CONTEST

Recommended Stories

US Market News Digest for April 9

US stock indices closed lower after the White House announced a new wave of tariffs on Chinese goods. The rate could rise to 104%, a direct hit on imports

Irina Maksimova 12:33 2025-04-09 UTC+2

Domino effect: US tariffs slam markets, investors dump dollar, bonds

Trump's China tariffs spark recession fears US Treasuries and dollar hit by sell-off, yields soar European stocks fall as US retaliatory tariffs take effect World markets face crisis-era volatility, stocks

Thomas Frank 11:20 2025-04-09 UTC+2

"Golden" Forecasts: Gold at $3,500, $3,700 – Higher and Higher?

Gold forecasts are becoming increasingly dazzling in every sense, as analysts appear to be competing with one another over how high the precious metal could go. Rising geopolitical instability

Larisa Kolesnikova 11:07 2025-04-09 UTC+2

Markets on roller coaster: Dow plummets, gold rallying, Trump keeps investors on edge

The changes in Wall Street indices for the last 24 hours: the S&P 500 fell by 0.23%, the Nasdaq rose by 0.10%, and the Dow dropped by 0.91%. The S&P

12:25 2025-04-08 UTC+2

US Market News Digest for April 8

The Trump administration's latest wave of tariffs is reshaping economic expectations. Goldman Sachs is now forecasting a recession within the next 12 months, while JPMorgan analysts are pricing

Ekaterina Kiseleva 12:14 2025-04-08 UTC+2

Markets in turmoil: Dow plunges, gold surges, Trump adds tension

US stock indexes closed lower on Monday, after a session full of sharp swings. Investors are wary of signs of an economic slowdown and a surge in inflation risks, exacerbated

Thomas Frank 08:39 2025-04-08 UTC+2

Trade War: S&P 500 Plunges 3%, Nikkei 6% as Investors Brace for Worst

Wall Street Futures Open Sharply Lower Investors fear a U.S. recession amid escalating trade war. Trump Announces Massive Tariffs on Key Trading Partners S&P 500 Futures Lose More Than 3%

Thomas Frank 11:59 2025-04-07 UTC+2

US Market News Digest for April 7

On April 7, futures on the S&P 500 index approached the key support level of 4,953. Holding above this zone could pave the way for a rebound targeting 5,100

Ekaterina Kiseleva 11:42 2025-04-07 UTC+2

US vs. Everyone: Trump Tariffs Crash Markets from Wall Street to Europe

US stock markets crashed on Thursday, posting their most painful daily losses in years, as Donald Trump's unexpected and aggressive tariff maneuver unleashed a wave of panic on global markets

Thomas Frank 12:09 2025-04-04 UTC+2

US Market News Digest for April 4

Markets tumbled after Donald Trump announced new import tariffs, triggering a widespread sell-off across US stocks. The Dow, NASDAQ, and S&P 500 all posted significant losses. The pressure on equities

Ekaterina Kiseleva 10:55 2025-04-04 UTC+2
Can't speak right now?
Ask your question in the chat.
Widget callback
 

Dear visitor,

Your IP address shows that you are currently located in the USA. If you are a resident of the United States, you are prohibited from using the services of InstaFintech Group including online trading, online transfers, deposit/withdrawal of funds, etc.

If you think you are seeing this message by mistake and your location is not the US, kindly proceed to the website. Otherwise, you must leave the website in order to comply with government restrictions.

Why does your IP address show your location as the USA?

  • - you are using a VPN provided by a hosting company based in the United States;
  • - your IP does not have proper WHOIS records;
  • - an error occurred in the WHOIS geolocation database.

Please confirm whether you are a US resident or not by clicking the relevant button below. If you choose the wrong option, being a US resident, you will not be able to open an account with InstaForex anyway.

We are sorry for any inconvenience caused by this message.