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☆ Rite Aid reaches bankruptcy settlement with lenders, DOJ, McKesson
▼ + stars: | 2024-03-26 | by ( ) www.cnbc.com time to read: +2 min

The Rite Aid logo is displayed above a Ride Aid store on December 21, 2022 in Los Angeles, California. Pharmacy chain Rite Aid has reached a settlement with its lenders, the U.S. Department of Justice, and drug supplier McKesson Corp , clearing a path for Rite Aid to complete its bankruptcy case by late April, a company lawyer said Tuesday. "We have reached an agreement on all key points with all key economic stakeholders," Rite Aid attorney Aparna Yenamandra said at a bankruptcy court hearing in Trenton, New Jersey. Before it filed for bankruptcy, Rite Aid faced over 1,600 lawsuits alleging that pharmacy chain ignored red flags and illegally filled prescriptions for addictive opioid medication. Rite Aid received bankruptcy court approval to sell its pharmacy benefit company, Elixir, in January.

Persons: Aparna Yenamandra, Yenamandra, Andrew Rosenberg, Joshua Sussberg, Michael Kaplan, Kaplan Organizations: Pharmacy, U.S . Department of Justice, McKesson Corp, Aid, Rite Aid, Aid's, Brigade Capital Management, HG Vora Capital Management, Morgan Investment Management, U.S Locations: Los Angeles , California, Trenton , New Jersey

☆ Bankrupt Rite Aid resolves drug supply dispute with McKesson
▼ + stars: | 2023-10-17 | by ( Dietrich Knauth | ) www.reuters.com time to read: +2 min

A woman shops inside a Rite Aid store underneath a DeepCam security camera in New York City, New York, U.S., June 25, 2020. The lawsuit against McKesson alleged that the distributor improperly attempted to terminate the drug supply agreement on Saturday, just before Rite Aid declared bankruptcy. Rite Aid had accused McKesson of threatening to cut off its drug supply unless it immediately paid $700 million for amounts due under the contract. Rite Aid has relied on McKesson for its drugs for 20 years, and paid McKesson $9 billion under the contract in 2023, according to court filings. Rite Aid said it maintains very low drug inventory, forcing it to rely on daily deliveries from McKesson.

Persons: Lucas Jackson, McKesson, Joshua Sussberg, Sussberg, Michael Kaplan, Dietrich Knauth, Alexia Garamfalvi, Bill Berkrot Organizations: REUTERS, McKesson Corp, . Rite, Rite Aid, Aid, Rite, Thomson Locations: New York City , New York, U.S, New Jersey, Trenton

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

☆ Judge Rejects Johnson & Johnson’s Effort to Limit Talc-Related Liabilities
▼ + stars: | 2023-07-30 | by ( Nicole Sperling | More About Nicole Sperling | ) www.nytimes.com time to read: +1 min

For the second time this year, a court has ruled against Johnson & Johnson’s effort to use a bankruptcy case to limit its exposure to tens of thousands of lawsuits that claim its talcum powder products caused cancer. The plaintiffs claim that the company knew for decades about the risks linked to its talc products, including its signature baby powder. The company created a subsidiary, LTL Management, in 2021 as a maneuver to shield itself from the talc litigation. It proposed that the subsidiary, which had filed for bankruptcy, pay $8.9 billion to resolve all the claims against it. But on Friday, Judge Michael Kaplan of the U.S. Bankruptcy Court for the District of New Jersey, said LTL’s bankruptcy case must be dismissed because the lawsuits did not put the company in “imminent or immediate financial distress.” Earlier this year, the U.S. Court of Appeals for the Third Circuit in Philadelphia dismissed the first bankruptcy effort for the same reason.

Persons: Johnson, Michael Kaplan Organizations: LTL Management, U.S, Bankruptcy, District of, U.S ., Appeals, Third Circuit Locations: District of New Jersey, Philadelphia

U.S. Bankruptcy Judge Michael Kaplan in Trenton, New Jersey, ruled that a J&J company's second bankruptcy, like its first, must be dismissed because the talc lawsuits did not put it in immediate "financial distress." J&J's first bankruptcy gambit began in 2021, when it offloaded its talc liabilities into a new company, LTL Management, and immediately placed that company into bankruptcy. Attorneys representing cancer victims, along with the U.S. Justice Department's bankruptcy watchdog, had called for LTL's second bankruptcy to be dismissed as an abuse of U.S. bankruptcy law. Andy Birchfield, an attorney who represents cancer victims, said the second bankruptcy was meant to keep the talc lawsuits from being heard by juries. J&J argued that the proposed bankruptcy settlement offers a fairer and faster resolution for cancer claimants than litigation in other courts.

Persons: Johnson, Mike Segar, imperiling, Michael Kaplan, J, Kaplan, J's, LTL's, LTL, U.S . Justice Department's, Andy Birchfield, Birchfield, Dietrich Knauth, Mike Spector, Jonathan Oatis, Matthew Lewis, Leslie Adler Organizations: REUTERS, Johnson, LTL Management, U.S . Justice, J, Thomson Locations: New York, U.S, Trenton , New Jersey, California

☆ Johnson & Johnson effort to resolve talc cancer lawsuits in bankruptcy fails a second time
▼ + stars: | 2023-07-28 | by ( Annika Kim Constantino | ) www.cnbc.com time to read: +1 min

In this photo illustration, a container of Johnson and Johnson baby powder is displayed on April 05, 2023 in San Anselmo, California. A federal bankruptcy judge on Friday rejected Johnson & Johnson 's second attempt to resolve tens of thousands of lawsuits alleging the company's talc baby powder and other talc-based products caused cancer. J&J in 2021 offloaded those talc liabilities into a new subsidiary, LTL Management, and immediately filed for Chapter 11 bankruptcy protections. "LTL commenced its bankruptcy case in good faith and in strict compliance with the Bankruptcy Code," J&J said in a statement. J&J contends that research and clinical evidence demonstrates that its talc products remain safe.

Persons: Johnson, Michael Kaplan, LTL, J's, J, Erik Haas Organizations: LTL Management Locations: San Anselmo , California, Trenton , New Jersey

☆ Here's what Jim Cramer thinks about J&J stock after a pivotal talc case verdict
▼ + stars: | 2023-07-21 | by ( Paulina Likos | ) www.cnbc.com time to read: +7 min

But on Tuesday, J & J was ordered to pay $18.8 million after jurors found in favor of 24-year-old Emory Hernandez Valadez who claimed in his lawsuit that he developed mesothelioma, a deadly cancer linked to asbestos, from exposure to J & J talc products. J & J has said that over 60,000 claimants support its latest $8.9 billion settlement to be paid out over 25 years. Johnson & Johnson issued an official statement following the verdict in favor of Valdez, intending to appeal. Even so, J & J got a few of price target increases on Wall Street on Friday. The higher growth pharmaceuticals and medical technology businesses are remaining as the new J & J.

Persons: Johnson, J's, Jim Cramer, Jim, J, Emory Hernandez Valadez, we're, there's, Moshe Maimon, Levy, Maimon, Michael Kaplan, Kaplan, Erik Haas, Thursday's, Haas, Jim Cramer's, Justin Sullivan Organizations: Johnson, LTL Management, J, Credit Suisse, AAA, CNBC, & ' $, & $ Locations: California, American, Levy Konigsberg, Valdez, Stifel, Kenvue, San Anselmo , California

The jury ruled in favor of Emory Hernandez Valadez, who filed suit last year in California state court in Oakland against J&J, seeking monetary damages. The six-week trial was the first over talc that New Brunswick, New Jersey-based J&J has faced in almost two years. Hernandez will not be able to collect the judgment in the foreseeable future, thanks to a bankruptcy court order freezing most litigation over J&J's talc. Jurors heard from Hernandez's mother, Anna Camacho, who said she used large amounts of J&J's baby powder on her son when he was a baby and through childhood. Tens of thousands of plaintiffs have sued, alleging that J&J's baby powder and other talc products sometimes contained asbestos and caused ovarian cancer and mesothelioma.

Persons: Johnson, Emory Hernandez Valadez, Hernandez, Erik Haas, Anna Camacho, Michael Kaplan, LTL, J, Brendan Pierson, Will Dunham, Sandra Maler Organizations: Johnson, J, Reuters, View, LTL Management, LTL's, Thomson Locations: California, Oakland, Brunswick , New Jersey, Trenton , New Jersey, New York

☆ A terminally-ill man won $18 million in a lawsuit after saying he got cancer from Johnson & Johnson's baby powder, but a bankruptcy court order means he likely won't live long enough to see the money
▼ + stars: | 2023-07-19 | by ( Matthew Loh | ) www.businessinsider.com time to read: +4 min

Johnson & Johnson was ordered to pay $18 million to a man who said he got cancer from baby powder. But these cases are on hold after LTL Management, a subsidiary of Johnson & Johnson, filed for bankruptcy in April. The six-week trial for Valdez's case was the exception, and is the first in two years involving these allegations against Johnson & Johnson. Johnson & Johnson stopped selling talc-based baby powder in 2020, offering a cornstarch-based version instead. Lawyers for Valadez and Johnson & Johnson did not immediately respond to requests for comment sent outside regular business hours.

Persons: Johnson, Anthony Hernandez Valadez's, he's, Anthony, Emory, Hernandez Valadez, Michael Kaplan, Valadez, Joe Satterley, Satterley, Erik Haas, who've, Johnson's Haas, LTL Organizations: Service, Johnson, LTL Management, Valadez Locations: Wall, Silicon, California, Johnson, New Jersey

☆ Johnson & Johnson must pay $18.8 million to California cancer patient in baby powder suit
▼ + stars: | 2023-07-18 | by ( ) edition.cnn.com time to read: +4 min

Johnson & Johnson must pay $18.8 million to a California man who said he developed cancer from exposure to its baby powder, a jury decided on Tuesday, a setback for the company as it seeks to settle thousands of similar cases over its talc-based products in US bankruptcy court. The six-week trial was the first over talc that New Brunswick, New Jersey-based J&J has faced in almost two years. Hernandez will not be able to collect the judgment in the foreseeable future, thanks to a bankruptcy court order freezing most litigation over J&J’s talc. Jurors heard from Hernandez’s mother, Anna Camacho, who said she used large amounts of J&J’s baby powder on her son when he was a baby and through childhood. Tens of thousands of plaintiffs have sued, alleging that J&J’s baby powder and other talc products sometimes contained asbestos and caused ovarian cancer and mesothelioma.

Persons: Johnson, Emory Hernandez Valadez, Hernandez, Erik Haas, ”, Anna Camacho, Michael Kaplan, LTL, J Organizations: J, Reuters, View, LTL Management, LTL’s Locations: California, Oakland, Brunswick , New Jersey, Trenton , New Jersey

☆ J&J faces a pivotal talc verdict. Jim Cramer looks at how both outcomes could impact the stock
▼ + stars: | 2023-07-12 | by ( Paulina Likos | ) www.cnbc.com time to read: +6 min

J & J has said that more than 60,000 claimants support its latest proposition. This is the first J & J talc trial in about two years. JNJ YTD mountain J & J year-to-date stock performance The unresolved lawsuits against J & J have, in part, weighed on the company's stock. The MedTech and Pharmaceuticals units remained and make up the new J & J. Traders wear Johnson & Johnson coats at the NYSE.

Persons: Johnson, J's, Emory Hernandez, Hernandez, Anthony, LTL, Michael Kaplan, Kaplan, —, Jim Cramer, Jim, J, Jim Cramer's, Adam Jeffery Organizations: LTL Management, J, Johnson, — Chemours, DuPont, CNBC, AAA, Pharmaceuticals, Traders, NYSE, & ' $ Locations: California, North America, U.S

☆ Jurors urged to impose heavy punitive damages in J&J talc trial
▼ + stars: | 2023-07-10 | by ( Brendan Pierson | ) www.reuters.com time to read: +3 min

J&J has consistently denied that its now-discontinued talc baby powder contains asbestos or causes cancer. Satterley asked jurors to award Hernandez punitive damages about nine times greater than so-called compensatory damages, which include $3.8 million for his medical costs as well as damages for pain and suffering. The U.S. Supreme Court has found that punitive damages should generally be no more than nine times compensatory damages, and that a higher ratio can be reduced on appeal as excessive. J&J has said its talc products are safe and do not contain asbestos, which has been linked to mesothelioma. J&J said in bankruptcy court filings that the costs of its talc-related verdicts, settlements and legal fees have reached about $4.5 billion.

Persons: Johnson, Mike Segar, ” Joseph Satterley, Emory Hernandez Valadez, Satterley, Hernandez, Allison Brown, “, Michael Kaplan, LTL, J Organizations: Reuters, REUTERS, Alameda County Superior Court, U.S, Supreme, LTL Management, LTL’s Locations: California, Johnson, New York, Alameda County, Trenton , New Jersey

The deal has divided lawyers representing cancer victims, many of whom claim that J&J has created the illusion of widespread support for a settlement that would deny plaintiffs just compensation. Johnson & Johnson is attempting to use the second bankruptcy of its subsidiary LTL Management to resolve all current and future claims stemming from its talc products. LTL quickly filed for bankruptcy again, arguing that its second effort has won more support from plaintiffs. The proposed settlement would resolve all of those unfiled claims, as well as any future claim alleging that a J&J talc product caused cancer. Mikal Watts, an attorney who supports the deal and says he has 17,000 talc clients, said that he did not agree with J&J statements about "secured commitments."

Persons: Brendan McDermid, Johnson, Johnson's, LTL's, LTL, U.S . Justice Department's, Moshe Maimon, Mikal Watts, Watts, Jim Murdica, Maimon, Murdica, Michael Kaplan, Kaplan, Dietrich Knauth, Alexia Garamfalvi, Stephen Coates Organizations: REUTERS, Johnson, Management, U.S . Justice, J, Thomson Locations: New York City, U.S, Trenton , New Jersey

☆ J&J's $8.9 billion talc settlement faces US bankruptcy test
▼ + stars: | 2023-06-27 | by ( Dietrich Knauth | ) www.reuters.com time to read: +3 min

J&J has said its talc products are safe and do not contain asbestos. Attorneys representing cancer victims, along with the U.S. Justice Department's bankruptcy watchdog, have called for LTL's second bankruptcy to be dismissed as an abuse of U.S. bankruptcy law. Cancer victims who oppose the bankruptcy settlement have said that the second bankruptcy recycles a failed legal strategy to keep their cases from being heard by juries. Circuit Court of Appeals, has said he expects to rule on whether to dismiss LTL's second bankruptcy by early August. Erik Haas, J&J's worldwide vice president for litigation, said in a statement last week that the proposed bankruptcy settlement offers a fairer and faster resolution for cancer claimants than litigation in other courts.

Persons: Johnson, LTL Management's, LTL, U.S . Justice Department's, recycles, Michael Kaplan, Kaplan, LTL's, John Kim, Jim Murdica, Mikal Watts, Erik Haas, J, Watts, Dietrich Knauth, Alexia Garamfalvi, Will Dunham Organizations: Johnson, U.S . Justice, Circuit, J, Thomson Locations: New Jersey, Trenton, Philadelphia, LTL, New York

Companies Johnson & Johnson FollowJune 26 (Reuters) - A California man suing Johnson & Johnson (JNJ.N) told jurors on Monday how his life was upended by a cancer diagnosis that he blames on using the company's baby powder since childhood, as the first trial over the product in nearly two years neared its end. J&J has denied that its baby powder contained asbestos or causes cancer. He also said he did not remember his doctor ever telling him that baby powder caused his cancer. Earlier in the day, jurors heard from Hernandez's mother, Anna Camacho, who said she used large amounts of J&J's baby powder on her son when he was a baby and through childhood. Hernandez's trial, expected to conclude later this week, comes as J&J seeks to resolve thousands of similar talc lawsuits through a settlement.

Persons: Johnson, Emory Hernandez, J, Hernandez, Anthony, Allison Brown, Anna Camacho, Michael Kaplan, Kaplan, Brendan Pierson, Alexia Garamfalvi, Matthew Lewis Organizations: Johnson, Alameda County Superior Court, View, LTL Management, Chief U.S, U.S, Thomson Locations: California, Alameda County, Emory, Trenton , New Jersey, New Jersey, New York

The company has denied that its talc contains asbestos, which is linked to mesothelioma, or causes cancer. J&J in a statement on Wednesday said it "deeply sympathizes with anyone suffering from cancer and understands they are looking for answers. It is the company's second attempt to resolve talc claims in bankruptcy, after a federal appeals court rejected an earlier bid. Still, the outcome of the trial could influence whether other plaintiffs decide to join in the proposed settlement. J&J and LTL have argued bankruptcy delivers settlement payouts more fairly, efficiently and equitably than a “lottery” offered by trial courts, where some litigants get large awards and others nothing.

Persons: Johnson, Emory Hernandez, Joseph Satterley, Hernandez, Satterley, J, Michael Kaplan, LTL, Brendan Pierson, Alexia Garamfalvi, Bill Berkrot Organizations: Johnson, Wednesday, LTL Management, LTL's, Thomson Locations: Alameda County , California, Trenton , New Jersey, New York

U.S. Bankruptcy Judge Michael Kaplan put most of the litigation temporarily on hold during a hearing in Trenton, New Jersey. J&J says it has broad support for a proposed $8.9 billion settlement, a contention disputed by lawyers representing tens of thousands of talc claimants who oppose it. “I have more questions than answers,” Kaplan said during a Thursday court hearing, referring to arguments made to him about the second bankruptcy case earlier this week. The judge halted roughly 38,000 talc lawsuits consolidated in a federal district court in New Jersey. With regard to other cases, he allowed them to proceed so long as no trials commence.

☆ U.S. bankruptcy judge halts 40,000 Johnson & Johnson talc and cancer lawsuits
▼ + stars: | 2023-04-20 | by ( Annika Kim Constantino | ) www.cnbc.com time to read: +3 min

In this photo illustration, a container of Johnson and Johnson baby powder is displayed on April 05, 2023 in San Anselmo, California. A federal bankruptcy judge on Thursday halted roughly 40,000 lawsuits that allege Johnson & Johnson 's baby powder and other talc products caused cancer. Amid the ongoing legal fights, J&J has continued to deny the allegations that its talc products caused cancer. The suits allege J&J's talc products were contaminated with the carcinogen asbestos, which caused ovarian cancer in thousands of individuals. Some lawsuits link several deaths to J&J's talc products.

LTL has said litigation against J&J would imperil its effort to negotiate a comprehensive settlement of all current and future talc claims in its bankruptcy. Before the talc lawsuits could resume, LTL filed for bankruptcy a second time, re-opening the legal battle over the bankruptcy's legitimacy. It has said its second bankruptcy is different because it has less funding available and more plaintiff support for a settlement. U.S. Bankruptcy Judge Michael Kaplan agreed to protect J&J from lawsuits during LTL's first bankruptcy, saying at the time it offered the best way to fairly resolve all of the talc lawsuits together. Kaplan, who is also presiding over the second bankruptcy, will now decide whether to stop the lawsuits again to give LTL a second shot at a bankruptcy settlement.

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.

[1/2] Traders work on the trading floor at the New York Stock Exchange (NYSE) in Manhattan, New York City, U.S., November 11, 2022. Stock sales reached $4.97 billion in the United States last week, the highest tally since the second week in 2022, according to data provider Dealogic. Globally, stock sales reached $12.3 billion, the most in more than 30 weeks. "Equity markets have regained some momentum and volatility has decreased, driving animal spirits on the buy side," said Santiago Gilfond, co-head of Americas equity capital markets at Credit Suisse Group AG (CSGN.S). A busy week for initial public offerings in early February offered some hope to stock market hopefuls, but advisors remain cautious as stocks sold off in recent weeks.

J&J maintains its talc products are safe. U.S. Bankruptcy Judge Michael Kaplan was set to preside over the hearing for the subsidiary, called LTL Management, in Trenton, New Jersey. In October 2021, J&J offloaded the tidal wave of talc lawsuits it faced onto one of its newly created units, LTL, which then declared bankruptcy. Reuters last year detailed the secret planning of Texas two-steps by Johnson & Johnson and other major firms in a series of reports exploring corporate attempts to evade lawsuits through bankruptcies. LTL declared bankruptcy while J&J avoided seeking Chapter 11 protection, with all its inherent financial and reputational wreckage.

☆ U.S. court rejects J&J bankruptcy strategy for tens of thousands of talc lawsuits
▼ + stars: | 2023-01-30 | by ( ) www.cnbc.com time to read: +3 min

J&J said it will challenge the Third Circuit's ruling and continue to seek a resolution of the lawsuits in bankruptcy court. The appeals court was urged to dismiss the bankruptcy petition by plaintiffs suing over the talc products. The cancer victims asked the appeals court to overrule a New Jersey bankruptcy judge who had allowed LTL's bankruptcy to continue. LTL's bankruptcy filing automatically stopped lawsuits from proceeding against it, and U.S. Bankruptcy Judge Michael Kaplan in Trenton, New Jersey ruled in February that LTL's bankruptcy should also stop talc lawsuits from proceeding against parent company J&J. Kaplan said the bankruptcy court is better equipped to handle mass tort litigation than other courts.

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☆ US court rejects J&J bankruptcy strategy for tens of thousands of talc lawsuits
▼ + stars: | 2023-01-30 | by ( ) edition.cnn.com time to read: +3 min

J&J said it will challenge the Third Circuit’s ruling and continue to seek a resolution of the lawsuits in bankruptcy court. The appeals court was urged to dismiss the bankruptcy petition by plaintiffs suing over the talc products. The cancer victims asked the appeals court to overrule a New Jersey bankruptcy judge who had allowed LTL’s bankruptcy to continue. LTL’s bankruptcy filing automatically stopped lawsuits from proceeding against it, and U.S. Bankruptcy Judge Michael Kaplan in Trenton, New Jersey ruled in February that LTL’s bankruptcy should also stop talc lawsuits from proceeding against parent company J&J. Kaplan said the bankruptcy court is better equipped to handle mass tort litigation than other courts.

Organizations: & $

☆ Fed Rate Increases Upended Funding Markets in 2022. Here’s What CFOs Can Expect in 2023.
▼ + stars: | 2022-12-14 | by ( Nina Trentmann | ) www.wsj.com time to read: +9 min

Here’s a look at how different financing instruments fared in 2022 and what’s ahead for 2023. Activity in the convertible debt market has picked up in recent weeks. Still, there could be financing opportunities for deals in 2023 in the form of syndicated loans, bankers said. “CFOs have to be aware of that and focus on cash conversion and margins,” he said, pointing to the increase in financing costs. “We expect deals will continue to get done,” he said, adding that those could however come with more oversight from lenders.

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