June 28 (Reuters) - A federal judge on Friday rejected a
bid by a group of cancer victims to block Johnson & Johnson ( JNJ )
from pursuing a proposed bankruptcy settlement of tens
of thousands of lawsuits alleging the company's baby powder and
other talc products contain cancer-causing asbestos.
The cancer victims sought a preliminary order in New Jersey
on June 11 to preventing J&J from filing for bankruptcy outside
the state, which would have effectively foiled the $6.48 billion
settlement plan. The motion was part of a class action lawsuit
brought by plaintiffs' lawyers opposed to the plan.
But U.S. District Judge Michael Shipp on Friday said he
could not grant the motion because any harm to the victims was
"strictly hypothetical." He said he had no jurisdiction to
resolve a dispute over "events that have not, and may never,
occur."
A lawyer for the plaintiffs did not immediately respond to a
request for comment late on Friday.
J&J hopes to garner support from 75% of claimants as part of
the prepackaged bankruptcy plan. It has set a July 26 voting
deadline.
The healthcare conglomerate faces lawsuits from more than
61,000 plaintiffs alleging its talc caused ovarian cancer or
mesothelioma, a deadly cancer linked to asbestos exposure.
J&J maintains its talc is safe, asbestos-free and does not
cause cancer. The company contends a bankruptcy settlement pays
claimants fairly and equitably, as opposed to the civil justice
system in which most plaintiffs receive nothing while some win
outsized awards.
Plaintiffs' attorneys opposing the plan say it is a
fraudulent attempt to put billions of dollars of the company's
assets out of plaintiffs' reach, preventing them from getting
the compensation they deserve.
J&J has failed twice to execute a bankruptcy maneuver aimed
at ending current and future talc lawsuits.
The strategy, known as a Texas two-step, involves creating a
subsidiary to absorb J&J's talc liability, which then declares
bankruptcy to resolve cases. Two courts previously found J&J's
subsidiary lacked the "financial distress" necessary to
legitimize a bankruptcy filing.
J&J's plan focuses on resolving claims in bankruptcy from
women with ovarian and other gynecological cancers allegedly
linked to talc. It has settled most mesothelioma cases outside
of bankruptcy, and this month finalized a separate $700 million
agreement to resolve claims from state attorneys general.