LTL Management Will Seek A Review Of Their Bankruptcy By The US Supreme Court
The review may take many months and further delay talcum powder cancer plaintiffs their day in court
Tuesday, March 28, 2023 - Johnson & Johnson continues to think that the bankruptcy court is the most efficient way for the more than 38,000 qualifying lawsuits against them to get fair compensation for their alleged talcum powder cancer. The company states through its LTL Management website that "The Chapter 11 process provides a single venue for all parties to participate in the resolution process, resulting in the sort of comprehensive, fair and efficient settlement agreement that cannot be achieved through individual jury trials or negotiations." In the meantime, Johnson & Johnson will appeal the reversal of LTL Management's bankruptcy to the US Supreme Court, a decision that may further delay individual talcum powder cancer lawsuits by many months or more than a year. A previous attempt to have the Supreme Court review their appeal of a $2 billion jury award against them was rejected as not warranting the Supreme Court's consideration and that the jury and Missouri Appeals Court process was sufficient to decide the matter of 22 women with ovarian cancer. US Supreme Court Judge Brett Kavanaugh was forced to recuse himself from hearing the Johnson's Baby Powder ovarian cancer appeal because his father E. Edward Kavanaugh served as the president of the Personal Care Products Council (PCPC) an American trade association.
LTL Management continues to think that the bankruptcy courts offer all parties the best venue for resolving current and future claims that Johnson's Baby Powder caused the plaintiff's ovarian cancer. LTL filed for bankruptcy in October 2021, immediately after being formed and having Johnson & Johnson place their talc liabilities into it. The bankruptcy was vigorously opposed by the legal community as an abuse of the legal system. More than 38,000 ovarian cancer and mesothelioma plaintiffs, legal scholars, and many in Congress and The Senate think that the controversial bankruptcy scheme has denied plaintiffs their constitutionally guaranteed day in court. Judge Kaplan of the U.S. Bankruptcy Court for the District of New Jersey approved the bankruptcy stating: "This court holds a strong conviction that the bankruptcy court is the optimal venue for redressing the harms of both present and future talc claimants in this case -- ensuring a meaningful, timely, and equitable recovery," according to JudicialHellHoles.org. Last month, LTL Management's bankruptcy was overturned by a three-judge panel of the Third Circuit Court of Appeals giving talcum powder cancer plaintiffs hopes of getting their day in court. LTL is not so sure and thinks that the decision has actually cheated plaintiffs. "Adjudicating each case one by one could take thousands of years," according to the LTL Management website. LTL recognizes that since 2014 only 49 trials made their way from start to finish. Judge Kaplan agrees. "Many of these cases, both in the United States and abroad, have been pending for a half dozen or more years and remain years away from trial dates, not to mention the substantial delays they face in the inevitable appeals process."