The Third U.S. Circuit Court of Appeals has dismissed Johnson & Johnson’s attempt to use a bankruptcy filing to resolve lawsuits related to its talcum powder product.

 




The Third U.S. Circuit Court of Appeals has dismissed Johnson & Johnson’s attempt to use a bankruptcy filing to resolve lawsuits related to its talcum powder product. 

J&J is facing billions of dollars in legal claims from customers who claim the healthcare company’s talcum powder caused cancer.


  • The U.S. appeals court dismissed a bankruptcy filing by J&J subsidiary LTL management, preventing the firm from moving thousands of legal claims out of trial courts and into the bankruptcy system.
  • J&J was employing a legal scheme referred to as the “Texas two-step” to split the company into two independent entities and place the one facing the talcum powder lawsuits into bankruptcy.
    • J&J is facing more than 40,000 talcum powder cancer claims.
  • J&J said its use of the bankruptcy system was not an attempt to reduce the size of payouts to cancer claimants.
    • The company claims the move would lead to a more efficient and equitable resolution to the claims.
  • J&J has agreed to fund its subsidiary LTL management’s talcum powder liabilities with up to $61B.
  • The appeals court ruled that only companies facing financial stress could call on the bankruptcy system to help with restructuring.

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