LTL Management LLC
This is a legal case in the United States Bankruptcy Court in New Jersey involving LTL Management LLC, a debtor in a Chapter 11 case seeking to resolve talc-related claims against it through a plan of reorganization that includes the establishment of a trust. The defendant is a group of parties listed on Appendix A to the complaint, including former Johnson & Johnson Consumer Inc., Johnson & Johnson, and third-party retailers who sold talc-containing products. The plaintiff seeks a declaration that section 362(a) of the Bankruptcy Code prohibits or extends to prohibit the commencement or continuation of any action by the defendants seeking to hold any of the protected parties liable for any Debtor Talc Claims. The plaintiff also requests a preliminary injunction under section 105(a). The case involves Johnson & Johnson and its subsidiaries, including J&J Baby Products, Omni Education Corporation, Personal Products Company, Johnson & Johnson Baby Products Company, Johnson & Johnson Dental Products Company, Johnson & Johnson Consumer Products, Inc., and Johnson and Johnson Consumer Companies, Inc. The lawsuit centers around the transfer of assets and liabilities related to J&J's baby products division, including talc powder products, between these subsidiaries over several decades. The lawsuit also involves claims related to Shower to Shower products, which contained talc, and were marketed by J&J. In 2021, J&J implemented a corporate restructuring, resulting in the creation of two new entities: the Debtor and Holdco. The Debtor was allocated certain assets and became solely responsible for talc-related liabilities, while Holdco was allocated all other assets and became solely responsible for all other liabilities. The Debtor was formed to manage and defend thousands of talc-related claims and oversee the operations of its subsidiary, Royalty A&M. Old Johnson & Johnson Consumer Inc. filed a Chapter 11 case due to the costs of defending against thousands of claims related to the use of talc-containing products causing ovarian cancer and mesothelioma. As of the filing of the Chapter 11 case, there were almost 40,000 plaintiffs asserting ovarian-cancer claims against the Debtor, including almost 36,000 plaintiffs with claims pending in a federal multi-district litigation in New Jersey. In addition, approximately 470 mesothelioma cases were also pending against the Debtor. The Debtor believes it has insurance coverage for its Debtor Talc Claims, including primary and excess liability insurance policies that cover defense or indemnity costs related to talc bodily injury claims. The filing of the 2021 Chapter 11 Case was due to the costs of defending against the claims and the potential for future claims threatening the financial stability of the Debtor and its affiliates. Furthermore, the COVID-19 pandemic caused a significant decline in demand for talc-based products, exacerbating the financial strain on the Debtor. As a result, the Debtor filed for Chapter 11 bankruptcy in 2021 to resolve its talc-related claims and restructure its operations. The Debtor's objectives for its Chapter 11 reorganization include establishing a trust to resolve talc-related claims, restructuring its operations to focus on its royalty revenue streams, and emerging from bankruptcy as a financially stable and viable entity.
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