The Official Committee of Talc Claimants (TCC), appointed by the Office of the United States Trustee (UST), an arm of the US Department of Justice, represents and acts as a fiduciary for all mesothelioma and ovarian cancer victims, as well as all subrogation claimants who have claims based on or derivative to the victims’ talcum powder claims.
These victims have asserted legal claims arising from the use of Johnson & Johnson (J&J) talcum powder products. The TCC is as a fiduciary for all present victims (those living and deceased) and subrogation claimants.
In October 2021, as a result of a series of corporate transactions, the former Johnson & Johnson Consumer Inc. (Old JJCI) ceased to exist, and two new entities, LTL Management LLC (LTL) – an acronym for “Legacy Talc Litigation – and Johnson & Johnson Consumer Inc. (New JJCI), were formed. As a result of the transactions, according to J&J and LTL, LTL assumed responsibility for Old JJCI’s talc-related liabilities and received certain assets, including rights under a 2021 Funding Agreement, equity interests in Royalty A&M LLC, which owns a portfolio of royalty revenue streams, $6 million, and rights to insurance coverage. All other assets and liabilities not allocated to LTL were allocated to New JJCI.
Two days after its October 12, 2021 creation, LTL filed for bankruptcy. At the commencement of the bankruptcy, LTL sought to stay (or stop) all talc-related litigation, including against some 670 non-debtors, brought by victims seeking just compensation. After an 18 months-long process, which included a week-long trial in February 2022 and an appeal to the Third Circuit Court of Appeals, on April 4, 2023, the bankruptcy court Order was vacated, and the case was dismissed.
Approximately two hours after the bankruptcy court entered the Order dismissing the initial bankruptcy case, LTL filed a second Chapter 11 case/petition. Following the re-filing, the Office of the UST appointed an 11-member TCC, comprised of a majority of the members of the TCC in LTL’s first bankruptcy filing.
The TCC is fighting to ensure each of the victims’ voices, including the hundreds of victims who have unfortunately passed during the pendency of LTL’s bankruptcy cases without having had the opportunity to see their day in court, are heard loud and clear, and justice is served.
This website was created as a resource for victims to better understand the legal process, receive timely updates about the case, and learn about the key issues for victims.
About Us
Our Members
The TCC is comprised of the 11 members listed below, including 10 ovarian cancer and mesothelioma claimants, and an insurer (as a subrogation claimant). In their individual capacity, the committee members are represented by their respective counsel.
- Tonya Whetsel as estate representative of Brandon Whetsel, represented by Karst von Oiste L.L.P.
- Blue Cross Blue Shield of Massachusetts, represented by Hill Hill Carter Franco Cole & Black, PC (as a subrogation claimant)
- Kristie Doyle as estate representative of Dan Doyle represented by Kazan, McClain, Satterley & Greenwood P.L.C.
- April Fair, represented by Robinson Calcagnie, Inc.
- William A. Henry, represented by Levin Papantonio Rafferty
- Alishia Landrum, represented by Beasley Allen Law Firm
- Rebecca Love, represented by Ashcraft & Gerel, LLP
- Patricia Cook, represented by Weitz & Luxenberg, P.C.
- Randy Derouen, represented by Levy Konigsberg LLP
- Brandi Carl, represented by Golomb Spirt Grunfeld
- Sue Sommer-Kresse, represented by Motley Rice, LLC.
The TCC is advised by counsel, an investment banker, a financial advisor, and claims estimation experts well-versed in mass tort, asbestos, talc, bankruptcy, and victim advocacy.
- Genova Burns L.L.C. (local counsel)
- Brown Rudnick L.L.P. (co-counsel)
- Otterbourg PC (co-counsel)
- Massey & Gail L.L.P. (special counsel)
- Miller Thomson L.L.P. (Canadian counsel)
- MoloLamken L.L.P. (special appellate litigation counsel)
- FTI Consulting (financial advisor, claims estimation expert)
- Houlihan Lokey (investment banker)
Contact Us
For inquiries: [email protected]
To register for docket updates or to access the docket and other general case information, please visit: https://dm.epiq11.com/case/ltl/info
To access the docket from LTL’s first Chapter 11 case, please visit: https://dm.epiq11.com/case/ltl2021/info
To access the bankruptcy court docket and pleadings filed in the second Chapter 11 case, please visit: https://dm.epiq11.com/case/ltl/info.
Frequently Asked Questions
About the Case
What is Chapter 11?
“Chapter 11” refers to the chapter of the US Bankruptcy Code that allows companies to reorganize and address outstanding liabilities or operational issues while continuing to operate. Chapter 11 restructuring offers companies certain protections, including an automatic stay of all litigation against the debtor entity outside the bankruptcy case. The automatic stay applies to litigation in both federal and state courts, including Multi-District Litigation (“MDLs”) such as the Johnson & Johnson Talcum Powder Litigation MDL currently pending in the US District Court for the District of New Jersey. A Chapter 11 bankruptcy case is not like an MDL or class action that can be joined. Instead, each person or entity with a claim against the Debtor pursues his or her claim against the Debtor individually (although one lawyer or law firm may represent more than one claimant).
What is LTL?
LTL – short for “Legacy Talc Litigation” – is the Debtor in the Chapter 11 case. LTL was created days before the initial bankruptcy filing to hold all of Old JJCI’s talc liability. LTL was purportedly formed to manage and defend talc-related claims and oversee its subsidiary’s operations. Royalty A&M, J&J, and New JJCI are parties to a 2023 Funding Agreement that obligates them to cover the bankruptcy costs and provide funds to be used by LTL to pay talc victims through a bankruptcy plan.
Why did J&J pursue this process?
As set forth in its filings with the court, the TCC believes that the Chapter 11 process is being used to provide a litigation advantage to J&J and to protect J&J and its valuable global enterprise from litigation associated with the decades-long manufacture and sale of carcinogenic product. LTL and J&J dispute these allegations and contend that the first bankruptcy case was filed for the proper reorganizational purpose of resolving all talc-related claims in a fair and equitable manner. On April 4, 2023, the US Court of Appeals for the Third Circuit issued an order dismissing LTL Management’s Chapter 11 bankruptcy case as a “bad-faith” filing. Approximately two hours following the dismissal, LTL Management filed a second Chapter 11 petition. This motion was dismissed on Friday, July 28th.
Why was LTL able to file a second bankruptcy case?
LTL’s first Chapter 11 case was dismissed after the US Court of Appeals for the Third Circuit determined that LTL had no legitimate claim to bankruptcy because it was not in financial distress. As a result, J&J crafted new financing arrangements with LTL in an attemptto avoid conflict with the Third Circuit’s original ruling. The TCC believes LTL’s second attempt at bankruptcy is yet again filed in bad-faith because LTL cannot establish financial distress and because the transaction to craft a new financing arrangement was a fraudulent transfer. LTL disputes the TCC’s position.
What is J&J’s goal in re-filing LTL for bankruptcy?
According to LTL’s Chief Legal Officer, J&J aims to resolve these claims quickly, efficiently, and fairly for the pending and future claimants, and not incentivize abuse of the legal system. However, the TCC asserts that the sole purpose of this second filing is the continued manipulation, evasion, and deferral of the talc victims’ right to a jury trial, where J&J will undoubtedly face the full weight and scope of its responsibility for knowingly manufacturing and selling a carcinogenic product to generations of families in the United States, Canada, and across the globe.
If I filed a lawsuit before LTL filed for bankruptcy, what is the status of my case?
Because LTL Management’s bankruptcy was dismissed, your claim may proceed int eh court in which you originally had filed.
If you have questions about the status of your specific case, we suggest you contact the lawyer who is handling that case for you.
What is the status of the MDL? What types of claims are included?
The Multi-District Litigation known as the Johnson & Johnson Talcum Powder Litigation MDL currently pending before the Honorable Judge Michael A. Shipp in the US District Court for the District of New Jersey may now continue following the dismissal of LTL management’s second bankruptcy attempt.
Where can I find additional information about the TCC’s views of the LTL bankruptcy as well as the ovarian cancer and mesothelioma claims?
Additional information can be found in the Initial Statement of Official Committee of Talc Claimants Respecting Chapter 11 Case, available here.
How do I access the docket and all pleadings filed in the bankruptcy case?
You can access the bankruptcy court docket and pleadings filed in the second Chapter 11 case by visiting https://dm.epiq11.com/case/ltl/info.
To access the bankruptcy court docket and pleadings filed in LTL Management’s first Chapter 11 bankruptcy case, visit https://dm.epiq11.com/case/ltl2021/dockets.
TCC’s Goals
What does this committee aim to do?
As an advocate for all present talc victims (those living and deceased) and subrogation claimants, this committee is utilizing all available legal avenues, including mediation and an appeals process, to ensure cancer victims can secure justice and just compensation.
Who do you represent?
The TCC is comprised of the 11 members, including 10 ovarian cancer and mesothelioma claimants, and an insurer (as a subrogation claimant). The committee members, in their individual capacity, are represented by their respective counsel.
The committee represents and acts as a fiduciary for all cancer victims (those living and deceased), as well as subrogation claimants, such as insurance companies, who have claims based on or derivative to the victims’ talcum powder claims (for instance, based on medical expenses in connection with the cancers diagnosed).
The TCC is advised by counsel, an investment banker, a financial advisor, and claims estimation experts well-versed in mass tort, asbestos, talc, bankruptcy, and victim advocacy.
What is the difference between the current TCC and the TCC in LTL’s first case?
The current TCC is comprised mainly of the same members as the TCC in LTL’s first case. Both were/are comprised of 11 members; only two members of the current TCC differ from the past TCC.
Town Halls
Join Us for the Next Virtual Townhall to Hear from the TCC: July 12, 2023 | 12:00 PM EST
Stay Informed
The Committee’s Bankruptcy professionals and Talc Plaintiff Committee Member Representatives are hosting regular Town Halls to keep you up-to-date on the latest developments in the LTL Bankruptcy case and the Committee’s progress to date. Watch to learn more and check back in for updates on this page.
Updates
Calendar
Omnibus hearing
TCC Motion to Terminate Exclusivity Periods
Hearing: Debtor’s Disclosure Statement
Appeal of preliminary injunction motion
U.S. Senate Judiciary Committee Hearing “Evading Accountability: Corporate Manipulation of Chapter 11 Bankruptcy”
To access the U.S. State Judiciary Committee Hearing “Evading Accountability: Corporate Manipulation of Chapter 11 Bankruptcy,” please visit: https://www.judiciary.senate.gov/committee-activity/hearings/evading-accountability-corporate-manipulation-of-chapter-11-bankruptcy
For additional information and access to a live feed of bankruptcy court proceedings via Zoom for observational purposes only, please visit: http://www.njb.uscourts.gov/LTL#zoom. For other procedural and logistical information, please visit: http://www.njb.uscourts.gov/LTL.
To access the bankruptcy court docket and pleadings filed in the second Chapter 11 case, please visit: https://dm.epiq11.com/case/ltl/info.
In The News
In the Courtroom
On April 4, 2023, LTL Management’s first Chapter 11 case was dismissed. The same day of the dismissal of LTL Management’s first Chapter 11 case, LTL Management filed for Chapter 11 bankruptcy for a second time, offering a trust of $8.9 billion for current and future claimants. On April 14, 2023, the new Official Committee of Talc Claimants (TCC) was officially appointed.
Today, the Official Committee of Talc Claimants is comprised of 11 members, nine of whom were members of the Official Committee of Talc Claimants in the Debtor’s first bankruptcy. All of the members carefully and with diligence exercise their fiduciary duties on behalf of all talc claimants in that role, including ovarian cancer claimants, mesothelioma claimants, and an insurer (as a subrogation claimant). The committee members, in their individual capacity are represented by their respective counsel. The TCC is advised by counsel, an investment banker, a financial advisor, and claims estimation experts well-versed in mass tort, asbestos, talc, bankruptcy, and victim advocacy.
In the first Chapter 11 case, the TCC pursued an appeal of Judge Kaplan’s orders, denying our motion to dismiss LTL’s bankruptcy case and implementing a broad litigation injunction. In April 2022, the TCC filed a petition requesting that the US Court of Appeals for the Third Circuit hear the direct appeals from the Bankruptcy Court’s orders and skip an intermediate appellate court.
On May 11, 2022, the US Court of Appeals for the Third Circuit agreed to consider the direct appeals seeking to overturn decisions by the bankruptcy court (i) denying our motion to dismiss the bankruptcy case and (ii) implementing a broad litigation injunction.
After extensive briefing and considering oral arguments on the issues, on January 30, 2023, the Third Circuit entered an opinion and judgment reversing the Bankruptcy Court’s order and remanding to the Bankruptcy Court with the instruction to dismiss LTL’s Chapter 11 case/petition. In its opinion, the Third Circuit reasoned as follows: “We start, and stay, with good faith. Good intentions— such as to protect the J&J brand or comprehensively resolve litigation—do not suffice alone. What counts to access the Bankruptcy Code’s safe harbor is to meet its intended purposes. Only a putative debtor in financial distress can do so. LTL was not. Thus we dismiss its petition.”
On April 4, 2023, Judge Kaplan entered an order dismissing LTL Management’s Chapter 11 case.
On April 4, 2023, the same day that LTL Management’s first Chapter 11 bankruptcy case was dismissed, LTL Management filed bankruptcy a second time. Following this action, an Ad Hoc Committee of Certain Talc Claimants formed and opposed LTL Management’s second bankruptcy case.
On April 14, 2023, the Official Committee of Talc Claimants (TCC) was officially formed, comprised of 11 members, nine of whom were members of the Official Committee of Talc Claimants in the Debtor’s first bankruptcy. All members carefully and with diligence exercise their fiduciary duties on behalf of all talc claimants in that role including ovarian cancer claimants, mesothelioma claimants, and an insurer (as a subrogation claimant). The committee members, in their individual capacity are represented by their respective counsel. The TCC is advised by counsel, an investment banker, a financial advisor, and claims estimation experts well-versed in mass tort, asbestos, talc, bankruptcy, and victim advocacy
As in the first bankruptcy case, US Bankruptcy Judge Kaplan has established a formal mediation protocol to have J&J, the Debtor and its affiliates, the TCC, and other key stakeholders engage in good faith discussions regarding a comprehensive resolution to the case, including amounts to compensate victims.
On April 24, 2023, the new TCC filed a motion to dismiss the Chapter 11 case, claiming that, as LTL Management is not in financial distress, the bankruptcy case was not filed in good faith. The TCC will continue to advocate for the dismissal of the bankruptcy case and concurrently will continue to advocate for cancer victims within the contours of the expedited valuation process and plan structure ordered by the bankruptcy court.
On Friday, July 28th, Judge Kaplan ruled in favor of the TCC, dismissing LTL Management’s second bankruptcy attempt. All pending cases will now be released to the tort system.