Did you know that if you suffer personal injury from a product, you may have the right to compensation? At Bottaro Injury Lawyers, we can help. Our lawyers stay up to date on the latest personal injury news, not only in our Rhode Island and Massachusetts communities, but also nationally. Recently, there was a major court decision in product liability claims against Johnson & Johnson relating to their baby powder.
Johnson & Johnson Baby (Talc) Powder Lawsuits: Do I Have A Case?
Roughly 40,000 severely-injured people have sued J&J over J&J’s knowledge that its baby powder and other talc-based products may have contained Asbestos. This includes injured people in our Rhode Island and Massachusetts communities. Those injured are mostly women with Ovarian Cancer, but other victims have been diagnosed with the fatal lung disease, Mesothelioma.
Can Johnson & Johnson Shield Itself From Cases Through Bankruptcy? The Court Says “No”
With over 250,000 lawsuits pending against J&J, the company – like many large companies – wants to avoid taking responsibility for its actions.
However, in J&J’s most recent attempt to avoid public scrutiny, the United States Court of Appeals for the Third Circuit in Philadelphia rejected the company’s attempt to use a litigation tactic that would essentially “freeze” the 250,000 injury lawsuits against it.
So, what exactly did the Court do? Well first, let’s talk about what J&J did. J&J attempted to do what attorneys call the “Texas Two-Step.” This is when sophisticated companies, like J&J, create subsidiaries, transfer all personal injury lawsuits against them to the subsidiary, then file for bankruptcy. In 2021, J&J created a subsidiary called LTL Management LLC and transferred all its personal injury cases to it. Coincidentally, LTL Management LLC declared bankruptcy very shortly after the transfer. Why do big companies do this? Because it pauses the lawsuits against them and affords them Chapter 11 bankruptcy protections. Among other things, this tactic also allows large companies to avoid public jury trials against them.
While this tactic might seem impossible to use in sophisticated Federal courts (how could anything that has to do with J&J’s $400 Billion-Dollar enterprise be “bankrupt”?), it has worked for skilled corporate attorneys time and time again. However, this time, the Court decided to stand up to J&J. Specifically, the Court stated that the J&J/LTL petition had “no valid bankruptcy purpose.”
While we at Bottaro Law Firm – and all personal injury attorneys alike – hope that the courts continue to shut down this this cheap litigation trick, we are prepared to go to bat against companies that continue to slow down the litigation process.
Now the thousands injured by J&J products, who may be entitled to around $61 billion in damages, are able to pursue justice in the court system.
It’s Good to Know Mike Bottaro – 24/7 Top-Rated Personal Injury Help
At the Bottaro Law Firm, we handle all types of personal injury cases every day, including those that deal with dangerous products. We pride ourselves on our honesty, integrity, and results. Our experienced legal team is here to fight for your rights. Contact us 24/7 in any method you prefer for a fast, free, and confidential consultation about your case. Text or call us at 401-251-0515 or fill out our free and confidential online form.