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A bottle of Johnson and Johnson Baby Powder is seen in a photo illustration taken in New York, February 24, 2016. LTL's bankruptcy proceedings have largely paused the 38,000 lawsuits against J&J, although one case was allowed to proceed to a $18.8 million verdict in July. But David Molton, an attorney for the official committee representing cancer claimants in LTL's bankruptcy, said that a temporary prohibition on new bankruptcy filings was appropriate, given LTL's repeated bankruptcy filings. Kaplan, who dismissed LTL's second bankruptcy, said he was not inclined to block future bankruptcy filings because circumstances could change in the next six months. But the judge said he was open to further written arguments on that point before issuing a formal decision closing LTL's second bankruptcy case next week.

Persons: Johnson, Mike Segar, J, Michael Kaplan, Greg Gordon, David Molton, Kaplan, LTL's, J's, Dietrich Knauth, Cynthia Osterman Organizations: REUTERS, Johnson, LTL Management, U.S . Department of, J, Thomson Locations: New York, Trenton , New Jersey, LTL's, Texas

U.S. Bankruptcy Judge Jeffrey Graham in Indianapolis had dismissed Aearo Technologies' bankruptcy on Friday, finding that it was "fatally premature." Despite the "staggering" number of earplug lawsuits, Aearo has significant financial support from 3M and enjoys a "greater degree of financial security than warrants bankruptcy protection," Graham ruled. 3M and Aearo had argued that the earplug litigation had spiraled out of control and could be resolved only in bankruptcy. The case is Aearo Technologies LLC, U.S. Bankruptcy Court for the Southern District of Indiana, No. Read more:US judge rejects 3M effort to resolve earplug lawsuits in bankruptcy3M foes act fast to capitalize on J&J’s talc bankruptcy defeat3M earplug bankruptcy creates "corrosive" tension with other courts, attorney saysBankruptcy as MDL escape hatch?

Persons: Jeffrey Graham, Aearo, Graham, Chad Husnick, Kirkland & Ellis, Melanie Cyganowski, Bryan Aylstock, Christopher Seeger, Seeger Weiss, David Molton, Brown Rudnick, Michael Tuchin, Kevin Maclay, Read, Dietrich Knauth Organizations: Aearo Technologies, 3M, Bankruptcy, Southern, Southern District of, Kirkland &, KTBS, Caplin, Drysdale, Thomson Locations: U.S, Indianapolis, Pensacola , Florida, Southern District, Southern District of Indiana, Kirkland, Witkin

Kaplan said he shared Richenderfer's concerns, but would not take any action to stop LTL's second bankruptcy filing until he gets more information. J&J faces more than 38,000 lawsuits that have been consolidated in federal court in New Jersey alleging that its talc products sometimes contained carcinogenic asbestos, and those cases have been on hold while LTL pursues a bankruptcy settlement. J&J has said its baby powder and other talc products are safe, do not cause cancer or contain asbestos. LTL attorney Greg Gordon said at Tuesday's court hearing that the second bankruptcy is different because the company has fewer assets available and more support for a bankruptcy settlement. Gordon called that an "over the top accusation," saying plaintiffs' support for the settlement is real and substantial.

A lawyer for Johnson & Johnson’s subsidiary said in a statement that the company would seek a rehearing of the panel’s decision by the full 3rd Circuit court. Gordon’s strategy worked in bankruptcy court but set up J&J for failure when it faced the 3rd Circuit appeals panel. Gordon, at the bankruptcy conference, described the lawsuits as “completely unmanageable” and a dire threat to J&J that could go on for decades. The 7th Circuit Court of Appeals is expected to hear arguments in coming months on a challenge to the 3M subsidiary’s bankruptcy. The litigation, they asserted, should be allowed to proceed against Georgia-Pacific because the parent company did not file for bankruptcy.

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