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 March 14

Yesterday, the S&P 500 index hit the target level of 5,516 – the same level as June 20, 2024, which is the 23.6% Fibonacci retracement of the entire rally from

Natalia Andreeva 10:34 2025-03-14 UTC+2

Gold hits record high at nearly $3,000 an ounce. Why are investors dumping stocks en masse?

Wall Street indexes down 1%, S&P 500 confirms correction Trump's tariff changes affect sentiment Gold hits all-time high at $2,993.80 an ounce The US dollar fell against

Thomas Frank 09:40 2025-03-14 UTC+2

Clash of corporate giants: Intel stock soars, PepsiCo loses ground

Intel shares jumped following news that TSMC has extended a joint venture to American chip manufacturers. PepsiCo, on the other hand, fell due to a brokerage downgrade. The latest

10:42 2025-03-13 UTC+2

US Market News Digest for March 13

Intel shares saw an uptick following news of a proposal by TSMC to support US chip manufacturers. This development bolstered investor confidence in the semiconductor sector. Meanwhile, PepsiCo shares came

Ekaterina Kiseleva 10:09 2025-03-13 UTC+2

Intel Stocks Soar, PepsiCo Loses Support: Who Will Win the Race?

Intel Jumps After TSMC Unveils JV with U.S. Chipmakers PepsiCo Slips After Broker Downgrade CPI Shows February Inflation Slowed More Than Expected Indices: Dow Down 0.20%, S&P 500 Up 0.49%

Thomas Frank 05:43 2025-03-13 UTC+2

US Market News Digest for March 12

The S&P 500 is trading lower, but it could reverse upward: oscillators signal a turnaround Trade wars escalate: Trump imposes new tariffs, markets respond with losses. The S&P

Irina Maksimova 10:48 2025-03-12 UTC+2

Business vs. Trump: Companies Lose Billions Due to Tariff Policy

The Number of Vacancies in the US Increased to 7.74 Million in January Kohl's Falls Due to Dismal Annual Sales Forecast Airlines Put Pressure on Dow Transports Trump Maintains Tariff

Thomas Frank 10:42 2025-03-12 UTC+2

US Market News Digest for March 11

After a sharp sell-off on Wall Street that sent the Nasdaq 100 into its deepest plunge since 2022, markets are beginning to recover. Futures on the S&P 500 rose

Natalia Andreeva 11:07 2025-03-11 UTC+2

Tesla Loses $125 Billion, Nasdaq Falls 4% as Economic Uncertainty Rises

Crypto Stocks Fall on Low Bitcoin Prices HSBC Downgrades US Stocks S&P 500 Closes Below 200-Day Moving Average Nasdaq Suffering Biggest One-Day Drop Since September 2022 Delta Air Lines Cuts

Thomas Frank 10:34 2025-03-11 UTC+2

US Market News Digest for March 10

US stock futures fell as investors turned to safe-haven assets amid growing concerns over a slowing US economy and trade risks. The Japanese yen strengthened by 0.6%, reaching 147.245

Irina Maksimova 11:37 2025-03-10 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.