December 21, 2021
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In Mass Torts, All Eyes Are on Talc Bankruptcy in 2022 - Law.com

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What You Need to Know

  • A bankruptcy judge in New Jersey could decide by Feb. 15 whether to grant dismissal of the Chapter 11 case.
  • If the bankruptcy survives dismissal, 'it’s going to be Plan A' for corporations, said UCLA law professor Lynn LoPucki.
  • Focusing on whether the bankruptcy was filed in bad faith might not guarantee dismissal, said Lewis & Clark law professor Samir Parikh.

One of the largest mass tort matters in 2022 won’t end up in front of juries or trial judges, but in U.S. Bankruptcy Court, where the future of the talcum powder litigation against Johnson & Johnson, and possibly the use of a controversial merger tactic, could be decided.

Lawyers for the talc claimants already moved to dismiss the Chapter 11 case, filed on Oct. 14 by LTL Management, a newly created subsidiary of Johnson & Johnson, to resolve more than 38,000 lawsuits alleging its talcum powder products cause ovarian cancer or mesothelioma. Chief Judge Michael Kaplan, of the U.S. Bankruptcy Court in New Jersey, could decide by Feb. 15 whether to grant dismissal.

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source: https://www.law.com/2021/12/21/in-mass-torts-all-eyes-are-on-talc-bankruptcy-in-2022/

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