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Johnson & Johnson's baby powder

Judge: Bankruptcy Alternatives Are Worse for Talc Claims

Nearly 40,000 lawsuits filed over Johnson & Johnson's talcum powder will remain in bankruptcy after a judge on Feb. 25 refused to dismiss the Chapter 11 case.

Lawyers for individuals with ovarian cancer and mesothelioma plan to appeal the ruling in the bankruptcy of LTL Management, a Johnson & Johnson subsidiary created through a "Texas two-step" merger to absorb mounting talc liabilities. Claimants had argued that LTL filed the case in bad faith – there was no financial distress, for example, and the bankruptcy would give Johnson & Johnson a tactical litigation advantage. But New Jersey Chief Bankruptcy Judge Michael Kaplan found no improprieties and agreed with Johnson & Johnson that an estimated billions of dollars in talc liabilities constituted potential financial distress.