News and Insights

Third U.S. Circuit Court of Appeals Rejects J&J’s “Texas Two-Step” Strategy

On January 30, 2023, the Third Circuit Court of Appeals rejected Johnson & Johnson’s (“J&J”) use of the “Texas Two-Step” bankruptcy strategy. The unanimous decision is a sharp rebuke of the emerging litigation trend in which companies facing significant mass…

Two New Asbestos Trusts Established for Victims of Asbestos Exposure

Two new asbestos trusts have been established for claims against defendants Owens-Illinois (“O-I”) and Rapid-American (“R-A”) and are now accepting claims for asbestos-related injuries such as mesothelioma, various forms of cancer, pleural disease, and asbestosis. The newly established Trusts have…

Blue Cross Blue Shield Settlement Faces Delays

The Subscriber Class in the Blue Cross Blue Shield litigation received final approval of the $2.67 settlement against the Blues on August 9, 2020; however, disbursements have been delayed as this settlement faces multiple objections. Several class members have filed…

Johnson & Johnson’s Talc Bankruptcy has been Appealed to the Third Circuit

Earlier last year, Johnson & Johnson (“J&J”) created a subsidiary, LTL Management (“LTL”), which now holds all talcum powder liabilities, while only holding $2 billion in assets. The assets allocated to LTL are miniscule in comparison to the estimated $450…

$610 Million Asbestos Trust Established for Claims Against Owens-Illinois

Owens-Illinois manufactured asbestos-containing products commonly known under the brand name “Kylo” from 1940-1958, including asbestos-containing insulation, pipe covering, and pipe insulation. Exposure to these asbestos products can cause mesothelioma, cancer, and asbestosis, among other lung and pleural diseases. Due to…

Final Approval Granted for $2.67 Billion Antitrust Settlement Against BCBS

On August 9, 2022, U.S. District Judge R. David Proctor in the Northern District of Alabama issued an order granting final approval of the $2.67 billion Blue Cross Blue Shield antitrust settlement for the Subscriber Plaintiffs. This is the final approval…