Real-Time Court Decisions and Other Developments in Asbestos Litigation.
Johnson & Johnson’s latest talcum powder litigation challenge exists in a New Jersey bankruptcy court where oral arguments concerning its proposed $8.9 billion settlement occurred during the final week of June 2023. Previously in the year, J&J subsidiary LTL Management attempted to file for bankruptcy in the effort to resolve J&J’s thousands of talcum powder … Continued
Court: United States Court of Appeals for the Fourth Circuit In 1965, Georgia-Pacific LLC (Old GP) merged with Bestwall Gypsum Company, a manufacturer of asbestos-containing products. In 2017, Georgia-Pacific LLC underwent a divisional merger under Texas law. As a result, Old GP ceased to exist, and its assets and liabilities were divided between two new … Continued
On January 30, the U.S. Court of Appeals for the Third Circuit dismissed the talc bankruptcy filing of Johnson & Johnson’s subsidiary, LTL Management, LLC. After hearing arguments in September, the Third Circuit ultimately reversed the decision from New Jersey Bankruptcy Court and held that LTL was not in the financial distress required because of … Continued
United States Bankruptcy Court for the District of New Jersey, October 4, 2022 The Asbestos Case Tracker has followed every step in Johnson & Johnson’s bankruptcy case. Recently, Plaintiff LTL Management (“Debtor”) moved to enjoin certain “State Actions” by New Mexico and Mississippi on a preliminary basis, as well as sought a temporary restraining order pending a final hearing. These … Continued
U.S. Bankruptcy Court for the District of Connecticut, May 25, 2022 In this bankruptcy action, Judge Manning described The Nash Engineering Company’s (debtor) Chapter 7 case as “anything but ordinary.” Indeed, Judge Manning noted that over 98% of the creditors are contingent, disputed, and unliquidated asbestos personal injury tort claimants. Following two status conferences, the … Continued
U.S. Bankruptcy Court for the Western District of North Carolina, Charlotte Division, November 16, 2021 Debtor LTL Management LLC (LTL) was created through a corporate restructuring before the filing of the instant Chapter 11 case. Johnson & Johnson Consumer Inc. (Old JJCI), a subsidiary of Johnson & Johnson (J&J), was replaced with two new corporate … Continued
U.S. Bankruptcy Court for the Western District of North Carolina, October 14, 2021 On October 14, 2021, LTL Management LLC, an indirect subsidiary of Johnson & Johnson, filed papers in connection with pursuing Chapter 11 bankruptcy protection in the U.S. Bankruptcy Court for the Western District of North Carolina, Charlotte Division. According to its informational … Continued
U.S. Court of Appeals for the Third Circuit, September 15, 2021 W.R. Grace & Co. (Grace) operated an asbestos mining and processing facility in Montana from 1963 to 1990. After declaring Chapter 11 bankruptcy, Grace emerged and reorganized. Its reorganization plan included the establishment of an asbestos personal-injury trust, through which all asbestos-related personal injury … Continued
Supreme Court of the State of New York, County of Monroe, July 15, 2021 In this case, the plaintiff moved for a protective order granting partial relief from Subpoenas Duces Tecum served on non-party bankruptcy trusts. The plaintiff requested redactions of information regarding settlement amounts, nonparty-affiant personal information, highly sensitive and personal medical issues, and … Continued
U.S. District Court for the District of North Dakota In Kotalik v. A.W. Chesterton Co., several defendants filed motions to enforce the plaintiffs’ compliance with disclosure requirements of North Dakota’s Asbestos Bankruptcy Trust Transparency Act. Counsel for the defendants as well as plaintiffs moved the court for a hearing on the issue. Lastly, plaintiffs’ counsel … Continued