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Johnson & Johnson shares on Wednesday climbed after the company proposed paying $8.9 billion to settle thousands of claims that its baby powder and other talc products caused cancer. The pharmaceutical giant also said its subsidiary LTL Management refiled for Chapter 11 bankruptcy protection after its first attempt faced legal challenges. JPMorgan analyst Chris Schott on Thursday called the proposed settlement a positive for the company in a note. The proposed $8.9 billion settlement is also in-line with JPMorgan's $8 billion to $10 billion estimate, Schott noted. It's also unclear whether the proposed settlement will win approval in bankruptcy court, Bank of America analyst Geoff Meacham noted Thursday.
Johnson & Johnson has stopped selling versions of Johnson’s Baby Powder that contain talc in the U.S. and Canada. Johnson & Johnson said it has proposed to pay at least $8.9 billion to thousands of people who sued the company alleging that their use of J&J’s talc-containing powders caused cancer, in what would be one of the biggest product-liability settlements ever. The company said Tuesday its LTL Management LLC unit has refiled for bankruptcy protection to seek approval of a plan to pay $8.9 billion over 25 years. J&J said more than 60,000 claimants have committed to support the proposed resolution, which requires approval in bankruptcy court.
Companies Johnson & Johnson FollowApril 4 (Reuters) - A Johnson & Johnson (JNJ.N) subsidiary filed for bankruptcy a second time on Tuesday, seeking to complete a $8.9 billion settlement of lawsuits alleging that its baby powder and other talc products cause cancer. J&J subsidiary LTL Management's first bankruptcy was dismissed earlier on Tuesday, after an appellate court ruled that the neither J&J not LTL were in the type of "financial distress" that made them eligible for bankruptcy. The new bankruptcy filing includes a proposal to pay $8.9 billion over 25 years to resolve all current and future talc claims, according to J&J. The settlement is supported by over 60,000 current claimants, J&J said in a statement. J&J said that its settlement is not an admission of wrongdoing, nor an indication that the company has changed its longstanding position that its talcum powder products are safe.
J&J’s sweetened talc settlement still unsettling
  + stars: | 2023-04-04 | by ( Robert Cyran | ) www.reuters.com   time to read: +3 min
NEW YORK, April 4 (Reuters Breakingviews) - Johnson & Johnson (JNJ.N) is trying a little harder to settle claims that its talc harmed users. The tactic, known as the Texas Two-Step, creates a subsidiary under Texas law which allows what’s called non-divisive mergers. That gets it closer to a threshold that could be enough for a bankruptcy judge to approve the settlement. CONTEXT NEWSJohnson & Johnson said on April 4 that its subsidiary LTL Management had re-filed for bankruptcy in an effort to settle claims that sales of products containing talc harmed users. The new unit then declares bankruptcy, and the legal claims are settled in bankruptcy court.
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[1/2] A bottle of Johnson and Johnson Baby Powder is seen in a photo illustration taken in New York, February 24, 2016. In a court filing Tuesday, lawyers representing a creditors committee of talc plaintiffs said they recently became aware of discussions about a second J&J subsidiary bankruptcy. The J&J subsidiary that was to absorb liability for the talc cases, LTL Management, declared bankruptcy almost immediately after it was created. Andy Birchfield, a plaintiffs' lawyer at law firm Beasley Allen, said on Tuesday that claims “could easily be resolved if Johnson & Johnson would stop playing games and abusing the bankruptcy court process." How the J&J subsidiary might square such a move with the appeals court ruling remained unclear.
New York CNN —Johnson & Johnson is trying once again to use the bankruptcy courts to settle tens of thousands of cases that claim its talc products cause cancer. The pharmaceutical company is now willing to pay $8.9 billion to plaintiffs over 25 years. A previous attempt to use Chapter 11 bankruptcy protection to resolve the talc cases was rejected by an appellate court, which ruled the company couldn’t go bankrupt because it wasn’t in financial distress. Johnson & Johnson has long held that talcum powder products are safe to use. Although J&J claims it has won the majority of its talc lawsuits, juries have awarded some customers billions of dollars in damages, siding with claimants’ arguments that the company’s talc products caused their cancer.
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Containers of Johnson's baby powder made by Johnson and Johnson are displayed on a shelf on July 13, 2018 in San Francisco, California. Johnson & Johnson on Tuesday said it will pay $8.9 billion over the next 25 years to settle allegations that the company's baby powder and other talc products caused cancer. The company ended sales of its talc-based baby powder globally in 2023 after it faced thousands of lawsuits from customers claiming its talc products caused cancer due to contamination with a carcinogen called asbestos. J&J spun off subsidiary LTL management in October 2021 in a bid to reduce its losses from litigation and settlement. The company funneled its talc lawsuits to the subsidiary and declared it bankrupt.
Companies Johnson & Johnson FollowMarch 31 (Reuters) - A U.S. court on Friday declined to delay the dismissal of a Johnson & Johnson company's (JNJ.N) bankruptcy, directing the bankruptcy to be dismissed despite a planned U.S. Supreme Court appeal that could revive the company's effort to resolve tens of thousands of lawsuits over its talc products in bankruptcy. J&J maintains its consumer talc products are safe and asbestos-free. Circuit Court of Appeals based in Philadelphia ruled that LTL's bankruptcy should be dismissed because neither LTL nor J&J had a legitimate need for bankruptcy protection because they were not in "financial distress." LTL asked the 3rd Circuit to delay its ruling from taking effect until the company has time to pursue an appeal to the U.S. Supreme Court. The 3rd Circuit denied that request in a brief written order Friday, instead directing the a U.S. bankruptcy judge to close LTL's bankruptcy case.
ArcBest Rolls Out Technology to Speed Up Freight Loading
  + stars: | 2023-03-01 | by ( Liz Young | ) www.wsj.com   time to read: +5 min
The freight-management system, called Vaux, is a steel-and-aluminum racking system that sits underneath and around cargo inside trailer beds. Warehouse workers can latch a forklift onto the Vaux platform to push freight into a trailer or pull freight out in one move, instead of having to handle pallets individually. ArcBest says loading or unloading a truck using Vaux takes less than five minutes, compared with the traditional process the company says can take 45 minutes. “What our customers have been telling us is that they are really under pressure,” ArcBest Chief Executive Judy McReynolds said. Rival trucking company TFI International Inc. recently disclosed it had taken a 4% stake in ArcBest, prompting speculation TFI is looking to buy ArcBest.
Here are Tuesday's biggest calls on Wall Street: KeyBanc reiterates Apple as overweight KeyBanc said Apple has "significant" growth potential. Evercore ISI downgrades XPO to in line from outperform Evercore said it sees an unfavorable risk/reward for the logistics company. Evercore ISI downgrades First Solar to in line from outperform Evercore said it sees a slowing solar market. Bank of America reiterates Burlington as buy Bank of America said the discount retailer is well positioned for a margin recovery. Bank of America reiterates Roku as underperform Bank of America said it's bearish heading into Roku earnings on Wednesday.
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.
It's time for investors to move to the sidelines on XPO , according to Morgan Stanley. Analyst Ravi Shanker downgraded shares to equal weight from overweight following what he considered a lackluster quarter for the less-than-truckload (LTL) shipping company. While Shanker thinks XPO's valuation is still attractive against its peers, he cut his price target to $43 from $55. The new price target still implies shares can advance another 22% from Friday's closing price of $35.22. XPO shares rose more than 5% this year, after falling 27.6% in 2022.
The Looting of Johnson & Johnson
  + stars: | 2023-02-04 | by ( The Editorial Board | ) www.wsj.com   time to read: 1 min
Trial lawyers don’t like threats to their business model, so they can thank the Third Circuit Court of Appeals for protecting the jackpot-justice status quo. A three-judge panel ruled this week that Johnson & Johnson can’t use the bankruptcy system to administer tens of thousands of talc claims, and it kicked the cases back to regular litigation. The fund the company created to pay talc claimants had too much money. In 2021, faced with proliferating lawsuits claiming that talcum powder caused a variety of ills, J&J restructured itself into two limited liability companies. One became “new” J&J and the other, called LTL, was given the talc liabilities and declared bankruptcy.
Veterans Suing Over 3M Earplugs Want Bankruptcy Case Tossed
  + stars: | 2023-02-03 | by ( Bob Tita | ) www.wsj.com   time to read: 1 min
3M Co. has said that its military earplugs are safe if service members receive proper training on using them. Lawyers for veterans suing 3M Co. over its earplugs have asked a federal judge to dismiss the bankruptcy filing of a 3M subsidiary that would shield the industrial conglomerate from court trials. The motion for dismissal filed late Thursday in U.S. Bankruptcy Court for the Southern District of Indiana followed a federal appeals court ruling this week that tossed out a chapter 11 filing by LTL Management LLC, a company created by Johnson & Johnson in 2021. J&J had transferred its talcum-powder-related liabilities to LTL, which then filed for bankruptcy, blocking plaintiffs from bringing additional lawsuits.
Feb 3 (Reuters) - Current and former U.S. military members suing 3M over allegedly defective military earplugs have asked a U.S. judge to dismiss 3M subsidiary Aearo Technologies' bankruptcy, accusing the company of using bankruptcy to shield itself from litigation, which has grown into the largest mass tort in U.S. history. 3M Co (MMM.N) faces more than 230,000 lawsuits accusing it of selling defective earplugs that caused hearing loss for U.S. military members. The company has sought to settle those lawsuits through Aearo's bankruptcy. Now the servicemembers suing want Graham to go a step further and end Aearo's bankruptcy entirely. The committee representing the servicemembers in bankruptcy court said in Thursday's filing that the LTL decision "knocks the props out from under these cases and requires their dismissal."
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.
A federal appeals court in Philadelphia rejected Johnson & Johnson ‘s use of chapter 11 bankruptcy to freeze roughly 40,000 lawsuits linking its talc products to cancer, blunting a strategy the consumer health giant and a handful of other profitable companies have used to sidestep jury trials. The Third U.S. Circuit Court of Appeals on Monday dismissed the chapter 11 case of J&J subsidiary LTL Management LLC, which the company created in 2021 to move the talc injury lawsuits to bankruptcy court and freeze them in place. J&J is now exposed once again to talc-related cancer claims that have cost the company’s consumer business $4.5 billion in recent years and are expected to continue for decades.
Jan 30 (Reuters) - A U.S. appeals court on Monday shot down Johnson & Johnson's (JNJ.N) attempt to offload tens of thousands of lawsuits over its talc products into bankruptcy court. The appeals court ruling revives those lawsuits. Monday's decision by the U.S. 3rd Circuit Court of Appeals in Philadelphia dismissed the bankruptcy filed by the J&J subsidiary in 2021. The appeals court decision could force companies considering the strategy to more carefully consider its risks, two legal experts said. The Texas two-step has garnered criticism from Democratic lawmakers in Washington, and inspired proposed legislation that would severely restrict the practice.
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A federal appeals court rejected Johnson & Johnson ’s plan to use a legal strategy to push about 38,000 talc lawsuits into bankruptcy court, hampering the controversial tactic the company and a handful of other profitable businesses have used to move mass personal-injury cases to chapter 11. The Third U.S. Circuit Court of Appeals on Monday dismissed the chapter 11 case of J&J subsidiary LTL Management LLC, which the consumer-health-goods giant created in 2021 to move to bankruptcy court the mass lawsuits alleging its talc-based baby powder products caused cancer.
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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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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Bank of America downgrades Coinbase to underperform from neutral Bank of America said it sees too many headwinds for the crypto exchange. Goldman Sachs downgrades Jefferies to neutral from buy Goldman said it sees a "backlog decline" for the investment bank company. Bank of America upgrades Toll Brothers and Pulte Group to buy from neutral Bank of America upgraded several homebuilders, citing compelling valuations. "We upgrade PulteGroup to Buy (from Neutral), Toll Brothers to Buy (from Neutral), and Lennar to Neutral (from Underperform). Bank of America upgrades Dow to neutral from underperform Bank of America said it's taking a more "offensive" approach to the stock.
We are lowering our relative ratings on ALLY, COF and MTB from Overweight to Equal Weight and ZION from Equal Weight to Underweight." Wells Fargo upgrades Wynn to overweight from equal weight Wells said in its upgrade of the casino company that it sees a significant reopening opportunity for the stock. " Wells Fargo initiates Mondelez as overweight Wells said the food products company has "superior" fundamentals. Wells Fargo downgrades Molson Coors to equal weight from overweight Wells said in its downgrade of the stock that it sees downside to estimates. Baird names Wells Fargo a top 2023 pick Baird said it likes the risk/reward for the banking giant in 2023.
Analyst Ken Hoexter downgraded shares of XPO to neutral from buy, and lowered his price target, saying the logistics company will have to contend with a tougher outlook for less-than-truckload shipping. "We target XPO shipments/day to fall 3% year-year in 4Q22e and 2023e," Hoexter wrote. "LTL volumes are increasingly challenged, evident in ODFL and SAIA mid-quarter updates where daily tonnage for Oct/Nov was -9%/-7% and -8%/-9% year-year, respectively. FedEx also saw accelerating declines in LTL volumes (see F2Q23 Note) with shipments down 11% in Nov from -3% in June." The analyst roughly halved his price target, down to $35 from $60, implying shares have just 5% upside from Friday's closing price.
Freight companies are preparing for what executives are calling a muted peak season, as dimming shipping demand from overstocked retailers ripples across U.S. shipping markets. Several big operators say they are seeing freight demand drop off rather than pick up heading into what is typically their busiest period of the year. Clothing retailer Ministry of Supply Inc. stocked up on inventory for the peak season with orders that arrived too late for last year’s winter season and items that arrived early this year. DAT Solutions LLC, a load board that matches trucks to available loads, said its index for spot market demand fell sharply from August to September, to the lowest point since February. “If you’re a carrier exposed to the spot market, you’re hurting.
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