Two US States To Move Forward With Talc Related Lawsuits Against JNJ

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  • Financial Times reported that Johnson & Johnson JNJ wants to use the “Texas two-step” bankruptcy strategy to block cases claiming its talc-based baby powder caused cancer in two US states.
  • A New Jersey court will consider a request by a J&J subsidiary to stop New Mexico and Mississippi from proceeding with their lawsuits against the company. 
  • According to the legal experts, the decision could set a precedent over whether and to what extent corporations can use the Chapter 11 bankruptcy process to manage lawsuits alleging violations of state consumer protection regulations. 
  • Related: Johnson & Johnson To Stop Selling Talc-Based Powder.
  • J&J has established a $2 billion trust to facilitate settlements in those cases.
  • Forty US states and the District of Columbia are in talks with the LTL subsidiary for a potential settlement of consumer protection claims, they said in a filing. 
  • But New Mexico and Mississippi seek to take their cases to trial in their respective state courts. 
  • Both states oppose the request to put their cases on hold, alleging it makes a “mockery” of bankruptcy law and seeks to trample states’ right to “exercise police and regulatory powers,” according to court filings. 
  • Price Action: JNJ shares are down 1.09% at $167.47 during the premarket session on the last check Monday.
  • Photo via Wikimedia Commons
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