Silverstein, says Reuters<\/a>, is overseeing Imerys Talc America\u2019s bankruptcy proceedings. Imerys, Johnson & Johnson\u2019s former talcum supplier, has been named as a co-defendant in litigation. <\/p>\n\n\n\n While Imerys is currently on the brink of bankruptcy, personal injury plaintiffs took its Chapter 11 hearing to request that Silverstein stop Johnson & Johnson from moving its talcum liabilities into a shell company. <\/p>\n\n\n\n According to Reuters<\/a>, Johnson & Johnson is pursuing a plan to move its liabilities into a newly-created business\u2014a business which is expected to quickly seek bankruptcy protections.1<\/sup><\/p>\n\n\n\n If Johnson & Johnson proceeds with its plan and successfully offloads its talcum liabilities, the company could effectively stop the tens of thousands of people who have been harmed by the carcinogen-containing powder from going after the pharmaceutical manufacturer\u2019s most valuable assets. <\/p>\n\n\n\n Johnson & Johnson\u2019s talcum-based powders have been under fire for years.<\/strong> <\/p>\n\n\n\n Individuals, organizations, and advocacy groups have filed a wave of litigation against the company, claiming Johnson & Johnson knew its talcum powders contained human carcinogens.<\/p>\n\n\n\n Johnson & Johnson\u2019s baby powders tested positive for trace amounts of asbestos as recently as 2003<\/a>.2<\/sup> Even though the company now claims its most recently sold talcum powders were asbestos-free, hundreds of thousands of men, women, and children have already been exposed to the deadly chemical. <\/p>\n\n\n\n However, Johnson & Johnson\u2019s asbestos purge still left behind a highly problematic product.<\/strong> Scientists have found that talcum-based powders can still cause cancer and respiratory illnesses<\/a>, even when they are entirely asbestos-free. <\/p>\n\n\n\n Although each lawsuit is different, they all make the same basic argument: that pharmaceutical manufacturers like Johnson & Johnson did not adequately warn consumers of their products\u2019 potential to cause cancer. <\/p>\n<\/div>\n<\/div>\n\n\n\n In 2018, Reuters released a stunning report: Johnson & Johnson knew its baby powder products were contaminated by asbestos<\/a> decades before they ever admitted it.3<\/sup><\/p>\n\n\n\n While traces of the chemical showed up in random tests between 1971 and 2003, Johnson & Johnson kept its potentially deadly secret under wraps. <\/p>\n\n\n\n The company publicly stated that its products were safe for use. But internal corporate communications suggest management suspected a major problem. <\/strong><\/p>\n\n\n\n Even after Johnson & Johnson finally wrangled control of its supply line, talcum powder continued to harm women and children across the United States.<\/p>\n<\/div>\n<\/div>\n\n\n\n As a mineral, talcum powder can be dangerous when inhaled<\/a>, causing or contributing to symptoms such as: <\/p>\n\n\n\n But talcum powder\u2019s dangers are not limited to the lungs. <\/strong><\/p>\n\n\n\n Scientists have demonstrated<\/a> that talcum powder can enter the body through other routes. Many feminine hygiene products, for instance, contain talcum.4<\/sup> When talcum powders are used on or near the vagina, tiny talcum particles can invade the uterus and fallopian tubes, eventually reaching a woman\u2019s ovaries. <\/p>\n\n\n\n Once talcum powder has settled, it becomes embedded in the body\u2019s mucous membrane. This can lead to inflammation and ultimately even ovarian cancer.<\/strong><\/p>\n<\/div>\n<\/div>\n\n\n\n Tens of thousands of women have since sued Johnson & Johnson, alleging their use of talcum products led to health complications, from respiratory illnesses to ovarian cancer. <\/p>\n\n\n\n Some advocacy groups have gone so far as to suggest that Johnson & Johnson engaged in predatory behavior, actively marketing dangerous powders to African-American women<\/a>, a demographic they viewed as integral to the baby powder industry\u2019s continued relevance.5<\/sup><\/p>\n\n\n\n Today, Johnson & Johnson faces a massive class action alongside a multitude of smaller-scale complaints. <\/p>\n\n\n\n Midway through the summer, Johnson & Johnson participated in intensive negotiations with plaintiffs\u2019 attorneys. According to Reuters, one of the company\u2019s lawyers suggested Johnson & Johnson could pursue a bankruptcy plan that would diminish damages for people unwilling to settle beforehand<\/a>.6<\/sup><\/p>\n\n\n\n The maneuver, says Reuters, is called a \u201cTexas two-step bankruptcy.\u201d<\/p>\n\n\n\n A so-called \u2018Texas Two-Step\u20197<\/sup> takes advantage of Texas\u2019s so-called \u201cdivisive merger\u201d law, which allows a large company to split into at least two, smaller entities.8<\/sup> If Johnson & Johnson were to pursue a divisive merger, it could create a brand-new company housing all of its talcum-related liabilities\u2014then file for bankruptcy, reducing plaintiffs\u2019 ability to recover damages to which they may have otherwise been entitled. <\/p>\n\n\n\n To date, Johnson & Johnson has paid billions of dollars in asbestos- and talcum-related litigation.9<\/sup> Observers now believe that the company is trying to permanently cut its losses by separating its main business from its talcum interests.<\/strong> <\/p>\n\n\n\n However, Johnson & Johnson has been reluctant to admit its strategy. <\/strong>\u201cJohnson & Johnson Consumer Inc. has not decided on any particular course of action in this litigation other than to continue to defend the safety of talc and litigate these cases in the tort system, as the pending trials demonstrate,\u201d a company subsidiary told Reuters in July.10<\/sup><\/p>\n<\/div>\n<\/div>\n\n\n\n In her late-August ruling, Judge Silverstein did not offer comment on whether Johnson & Johnson\u2019s probable strategy is likely to yield positive results. <\/p>\n\n\n\n Instead, she opined that it would be improper for the judiciary to prevent a corporation from initiating a legal business maneuver\u2014especially when such a maneuver is, at least for the time being, hypothetical.11<\/sup><\/p>\n\n\n\n However, Silverstein did say that Imerys Talc America could take action to protest any step Johnson & Johnson may take toward a divisive merger. <\/p>\n\n\n\n While Imerys is a co-defendant in asbestos- and talcum-related litigation, the company has filed for Chapter 11 bankruptcy and claims that Johnson & Johnson is liable for its legal costs. <\/p>\n<\/div>\n<\/div>\n\n\n\n Winning a mass tort lawsuit for injuries caused by hazardous cancer-causing chemicals like talc-based products can involve proving that manufacturers like Johnson & Johnson did not properly warn people taking it of the potential risks. <\/p>\n\n\n\n That can include investigating medical studies, corporate publications and using testimony from experts on how the medication caused an injury. This is not easily done, particularly when drug companies show up with an army of lawyers.<\/p>\n\n\n\n But battling bullies is what Justinian & Associates does.<\/em><\/p>\n<\/div>\n<\/div>\n\n\n\n Our Texas and San Antonio mass tort lawyers have successfully represented many victims<\/a> injured by dangerous pharmaceuticals<\/a> and other hazardous substances. That\u2019s exactly why we were founded<\/a>.<\/p>\n\n\n\n As our record<\/a> demonstrates, we have the legal knowledge, the experience, the resources, experience and trained investigators to take on adversaries of any size.<\/p>\n\n\n\n All we do is fight for injured victims. Our only goal is justice for our clients, whatever that means for them. And we do not accept defeat. Unless we get you money for your injuries, you don\u2019t pay us a dime.<\/p>\n<\/div>\n<\/div>\n\n\n\n Your rights can be lost if you wait.<\/strong><\/p>\n\n\n\n There are laws that limit how much time you have to file a lawsuit after being injured. They are known as statutes of limitation. They may apply to your lawsuit to recover for your talc injuries. The countdown may already have begun. <\/p>\n\n\n\n If you or a loved one has been diagnosed with BRCA Negative ovarian cancer (fallopian, serous, serous invasive) by age 65, after four or more years of using talcum powder as a feminine hygiene product, now is the time to seek legal assistance. <\/strong><\/p>\n\n\n\n Call, text or email us for a free consultation, with no obligation. Speak to a Texas personal injury attorney from Justinian & Associates (not a \u201cscreener\u201d or paralegal) to understand your rights.<\/p>\n<\/div>\n<\/div>\n\n\n\n [1] Judge ‘struggling’ with talc plaintiffs’ bid to block J&J asset maneuvering<\/a>, Maria Chutchian, Reuters.com (August 24, 2021).<\/sup><\/p>\n\n\n\n [2] Johnson & Johnson knew for decades that asbestos lurked in its Baby Powder<\/a>, Lisa Girion, Reuters.com (Dec. 14, 2018).<\/sup><\/p>\n\n\n\n [3] Johnson & Johnson knew for decades that asbestos lurked in its Baby Powder<\/a>, Lisa Girion, Reuters.com (Dec. 14, 2018).<\/sup><\/p>\n\n\n\n [4] Molecular basis supporting the association of talcum powder use with increased risk of ovarian cancer<\/a>. Fletcher, N.M., Harper, A.K., Memaj, I., Fan, R., Morris, R.T. and Saed, G.M. Reproductive Sciences<\/em>, 26<\/em>(12), pp.1603-1612 (2019).<\/sup><\/p>\n\n\n\n [5] Lawsuit: Johnson & Johnson Marketed Cancer-Causing Talcum Products to Black Women<\/a>, Ryan J. Farrick, LegalReader.com (July 31, 2021).<\/sup><\/p>\n\n\n\n [6] EXCLUSIVE: J&J exploring putting talc liabilities into bankruptcy<\/a>. Mike Spector and Jessica DiNapoli, Dan Levine, Reuters.com, Healthcare and Pharmaceuticals (July 19, 2021).<\/sup><\/p>\n\n\n\n [7] Ovarian Cancer Victims Ask Court to Block Johnson & Johnson’s ‘Texas Two-Step’ Bankruptcy Plan<\/a>, Bloomberg.com (August 24, 2021).<\/sup><\/p>\n\n\n\n [8] Structuring Divisive Mergers Under the Delaware and Texas Statutes<\/a>, Strafford Continuing Legal Education Lecture (April 23, 2019).<\/sup><\/p>\n\n\n\n [9] <\/sup>Supreme Court rejects Johnson & Johnson\u2019s appeal of $2 billion penalty in baby powder cancer case<\/a>, Tucker Higgins, CNBC.com (June 1, 2021).<\/p>\n\n\n\nJohnson & Johnson\u2019s Use of Bankruptcy to Shield Its Legal Liability for Talc Damage<\/strong><\/strong><\/strong><\/strong><\/strong><\/h3>\n\n\n\n
The Claims Against Johnson & Johnson and the Dangers of its Talc Products<\/strong><\/strong><\/strong><\/strong><\/strong><\/strong><\/h3>\n\n\n\n
Many Johnson & Johnson Talc Products Were Tainted With Harmful Asbestos<\/strong><\/strong><\/strong><\/strong><\/strong><\/h4>\n<\/div>\n\n\n\n
The Dangers of Talcum Powders Were Known By Johnson & Johnson<\/strong><\/strong><\/strong><\/strong><\/strong><\/strong><\/h4>\n<\/div>\n\n\n\n
The Health Dangers of Talcum Products<\/strong><\/strong><\/strong><\/strong><\/strong><\/strong><\/strong><\/h4>\n<\/div>\n\n\n\n
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<\/figure>\n\n\n\nHow Johnson & Johnson Is Trying to Avoid Liability for Damage By Its Talc Products<\/strong><\/strong><\/strong><\/strong><\/strong><\/strong><\/h3>\n\n\n\n
The Texas Two-Step Bankruptcy<\/strong><\/strong><\/strong><\/strong><\/strong><\/strong><\/h4>\n<\/div>\n\n\n\n
What the Court Has to Say About Johnson & Johnson\u2019s Evasive Legal Tactic<\/strong><\/strong><\/strong><\/strong><\/strong><\/strong><\/strong><\/h4>\n<\/div>\n\n\n\n
![\"\"](\"https:\/\/justiniancom.bigscoots-staging.com\/wp-content\/uploads\/2021\/11\/What-the-Court-Has-to-Say-About-Johnson-Johnsons-Evasive-Legal-Tactic.jpg\")
<\/figure>\n\n\n\nWhat This Means for Consumers Harmed By Johnson & Johnson\u2019s Talc Products<\/strong><\/strong><\/strong><\/strong><\/strong><\/strong><\/strong><\/strong><\/h4>\n<\/div>\n\n\n\n
Talc and Talcum Powder Injury Lawsuits Can Be Complex to Prove<\/strong><\/strong><\/strong><\/strong><\/strong><\/strong><\/strong><\/strong><\/strong><\/strong><\/h5>\n\n\n\n
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We Are Warriors For The Injured<\/strong><\/strong><\/strong><\/strong><\/strong><\/strong><\/strong><\/strong><\/strong><\/strong><\/strong><\/h5>\n\n\n\n
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The Time to Act is Now<\/strong><\/strong><\/strong><\/strong><\/strong><\/strong><\/strong><\/strong><\/strong><\/strong><\/strong><\/strong><\/h5>\n\n\n\n
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