Lawyers for Oakland resident Anthony Hernandez Valadez have acknowledged that their 24-year-old client is unlikely to live long enough to see any of the money they hope to win in their lawsuit against Johnson & Johnson. Valadez's terminal mesothelioma came from asbestos contamination in Johnson & Johnson's talcum powder, his lawyers claim, which Valadez's parents used heavily when he was a child. Valadez's deteriorating health helped his attorneys convince an Oakland judge to allow his case to move forward while more than 40,000 similar lawsuits against Johnson & Johnson over its talc-based baby powder hang in limbo.

The rest of the lawsuits against J&J are stayed until later this month while a New Jersey bankruptcy judge decides whether to dismiss the second bankruptcy filing of LTL Management, a spinoff firm formed under a Texas divisive merger law now known as the Texas Two-Step. LTL Management holds J&J's talc liabilities while the bankruptcy halts existing talc lawsuits against the company, a tactic defendants use to wear down plaintiffs until they resolve their cases. A New Jersey appellate court rebuked Johnson & Johnson's first attempt at the Texas Two-Step this spring, but the company revised its petition and refiled immediately after being dismissed.