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RPWB Announces the Passing of J. David Butler

It is with great sorrow and heavy hearts that we announce the passing of our friend, colleague and law partner, J. David Butler on September 30, 2023, after a valiant three-year battle with cancer. He was a friend to all and was, quite simply, the nicest guy one could have the pleasure of knowing.

Dave devoted his 30-year legal career to representing individuals across the country who suffered harm from corporate wrongdoing. Dave was a fierce advocate for asbestos and mesothelioma victims and was known for his compassion, integrity and dedication to his clients and their loved ones. Over the last three years, Dave selflessly and bravely continued helping other families seek justice as he underwent cancer treatments himself.

Above all, Dave was a kind and generous family man who put his loved ones and friends before himself. He had no love greater than that for his wife, Kim, and three daughters – Elizabeth, Hannah and Rebecca. He was a passionate Florida State fan and was most at home when grilling for his family on game day.

Working with and knowing someone like Dave is a rare gift, and he will be missed tremendously at RPWB. We send our love and condolences to his family and many friends.

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    Johnson & Johnson Talc Bankruptcy Petition Dismissal is a Win for Mesothelioma and Ovarian Cancer Victims

    mesothelioma attorney Dave Butler

    By Dave Butler

    In a significant victory for injured consumers, the Third Circuit Court of Appeals dismissed the bankruptcy petition of a Johnson & Johnson subsidiary that holds the company’s liabilities for claims brought by thousands of consumers injured by exposure to asbestos-contaminated talc in Johnson & Johnson products.  The dismissal, on January 30, 2023, ends for now J&J’s efforts to avoid full responsibility for the claims of those suffering from mesothelioma, ovarian, and other cancers caused by its asbestos-contaminated products.

    Through a series of corporate transactions under a unique Texas law, Johnson & Johnson created two new entities with the intention to funnel its liabilities for claims brought by thousands of injured talc claimants into a new entity which it named LTL Management; while simultaneously funneling all of its profitable business into another entity.  Two days after its formation and freshly saddled with J&J’s talc liabilities, LTL Management filed a petition under Chapter 11 of the U.S. Bankruptcy Code claiming that its talc liabilities placed it in financial distress sufficient to allow it to seek the protections afforded by U.S. bankruptcy laws.

    Injured talc victims sought dismissal of the bankruptcy petition, but were denied by a federal court in New Jersey.  Victims appealed that denial to the Third Circuit Court of Appeals, which ruled that the J&J subsidiary had not demonstrated that its petition was filed in good faith and should be dismissed.

    In its opinion the court found that “At base level, LTL, whose employees are all J&J employees, is essentially a shell company “formed,” almost exclusively, “to manage and defend thousands of talc-related claims” while insulating at least the assets in a non-bankrupt entity.  The court went on to find that “Because LTL was not in financial distress, it cannot show its petition served a valid bankruptcy purpose and was filed in good faith under” the United States Bankruptcy Code.  In conclusion, the court held that:

    Our decision dismisses the bankruptcy filing of a company created to file for bankruptcy. It restricts J&J’s ability to move thousands of claims out of trial courts and into bankruptcy court so they may be resolved, in J&J’s words, “equitably” and “efficiently.” But given Chapter 11’s ability to redefine fundamental rights of third parties, only those facing financial distress can call on bankruptcy’s tools to do so. Applied here, while LTL faces substantial future talc liability, its funding backstop plainly mitigates any financial distress foreseen on its petition date.

    Read the court’s full opinion here.

    RPWB continues to seek justice for victims of exposure to Johnson & Johnson talc products. If you or a loved one has been diagnosed with mesothelioma after exposure to Johnson & Johnson talc products, please call us at u 1-866-594-8765 or fill out the form on this page to begin your case review.

    Dave Butler has 30 years of experience representing mesothelioma victims and their families in cases throughout the United States. He can be reached at 1-866-594-8765 or by emailing dbutler@rpwb.com.

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      With Sixteen Attorneys Named to Best Lawyers List, RPWB is the Top-Listed Product Liability and Class Action Law Firm in the State

      Sixteen RPWB attorneys were selected for the 2023 edition of The Best Lawyers in America® list for numerous practice areas including personal injury, product liability, mass tort, class action and medical malpractice litigation.

      This marks the sixth consecutive year in which RPWB is the top-listed plaintiff law firm in South Carolina for both product liability litigation and class action & mass tort litigation.

      RPWB member Beth Burke was selected as personal injury lawyer of the year in Charleston, South Carolina. In addition to working on medical malpractice and personal injury cases, Burke serves in the leadership of the national lawsuit against 3M for supplying military personnel with defective earplugs. She also represents Marine Corps veterans who developed cancer and other serious conditions after consuming contaminated water at Camp Lejeune between 1953 and 1987.

      Beth Burke is personal injury lawyer of the year in Charleston, S.C.

       

      Here is the full list of RPWB attorneys on the 2023 edition of The Best Lawyers in America®:

      Mount Pleasant, S.C.

      Nina Fields Britt – Mass Tort/Class Actions Litigation

      Beth Burke – Mass Tort/Class Actions, Personal Injury & Product Liability Litigation

      Jerry Evans – Mass Tort/Class Actions & Product Liability Litigation

      Kim Keevers Palmer – Mass Tort/Class Actions Litigation

      Greg Lofstead – Product Liability & Mass Tort/Class Actions Litigation

      Christiaan Marcum – Mass Tort/Class Actions & Product Liability Litigation

      Tom Rogers – Medical Malpractice Law & Personal Injury Litigation

      Hoyt Rowell – Healthcare Law & Mass Tort/Class Actions Litigation

      Chris Tuck – Mass Tort/Class Actions, Product Liability Litigation & Qui Tam Law

      Ed Westbrook – Mass Tort/Class Actions Litigation

      Bobby Wood – Mass Tort/Class Actions & Product Liability Litigation

      Charleston, S.C.

      Michael Brickman – Antitrust Law, Mass Tort/Class Actions & Securities Litigation

      Charles Patrick, Jr. – Mass Tort/Class Actions & Product Liability Litigation

      Aiken, S.C.

      Dave Butler – Personal Injury & Product Liability Litigation

      Ken Wilson – Personal Injury & Product Liability Litigation

      Edwardsville, Ill.

      Jena Borden – Mass Tort/Class Actions & Product Liability Litigation

      Ones to Watch

      Three younger attorneys at the firm are recognized as “Ones to Watch,” a distinction for up-and-coming attorneys.

      • Chuck Dukes is listed for antitrust law, commercial litigation, mass tort/class action litigation, personal injury litigation and product liability litigation.
      • Matt Nickles is honored for personal injury and product liability litigation.
      • TAC Hargrove was selected for commercial litigation following his work on litigation associated with the failed V.C. Summer nuclear expansion project.

      About Best Lawyers

      Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. Best Lawyers lists are compiled based on an exhaustive peer-review evaluation. More than 116,000 industry leading lawyers are eligible to vote (from around the world), and we have received more than 17 million evaluations on the legal abilities of other lawyers based on their specific practice areas around the world. For the 2023 edition of The Best Lawyers in America®, more than 12.2 million votes were analyzed. Lawyers are not required nor allowed to pay a fee to be listed; therefore, inclusion in Best Lawyers is considered a singular honor.

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        EPA Proposes Asbestos Ban

        Many people do not realize it, but asbestos is not banned in the United States despite the fact it kills thousands of Americans each year by causing mesothelioma cancer and other forms of lung disease.

        That might be about to change. The EPA has announced it intends to ban the known carcinogen using new authority granted to the agency by the 2016 Toxic Substances Control Act. On Tuesday, April 5, 2022, the EPA announced that it will move forward with an asbestos ban.

        The EPA last attempted to ban asbestos in 1989, but a federal court shot the effort down, an escapade that highlighted the toothlessness of the original 1976 Toxic Substances Control Act. Similar attempts in Congress also sputtered, most recently in 2020, when the bipartisan measure nearly made it to the House floor before falling apart with competing accusations about who was responsible for the failure.

        “EPA’s proposed rule is a strong step forward in eliminating exposure to a substance that is killing 40,000 Americans each year,” Linda Reinstein, president of the Asbestos Disease Awareness Organization, said in a statement.

        Under the proposed rule, the agency would ban uses for chrysotile, the one remaining type of asbestos fiber still in use in the United States. One of the major current uses for asbestos in America is the chlorine manufacturing process. In 2021, chemical companies imported 100 tons of chrysotile asbestos from Brazil. In prior years, they also imported from Russia. The 11 active chemical plants that utilize asbestos also used around 220 tons of asbestos they had previously stockpiled. Other chemical plants no longer use asbestos in the chlorine manufacturing process.

        Under EPA’s proposed rule, the remaining chlorine plants that still import raw asbestos would have two years to stop using asbestos filters.

        Sheet gaskets that contain asbestos would be banned after two years. Most remaining products that contain asbestos — oilfield brake blocks, aftermarket automotive brakes and linings, other “vehicle friction products,” and other types of commercial gaskets — would be banned after 180 days.

        The proposed asbestos ban is set to be published in the Federal Register, which kicks off a 60-day public comment period. The Biden administration hopes to have the ban finalized by November.

        The ban isn’t the end of the EPA’s review of asbestos, however. The agency says it intends to look at other asbestos fibers as well as examine asbestos present in talcum powder products, which has caused even those who never worked around asbestos to develop mesothelioma. Asbestos and talc often are located near one another in the natural environment, which can cause contamination in products like baby powder and cosmetics. These asbestos victims are often younger than the blue-collar workers exposed through the late 1970s at their job sites.

        RPWB lawyers have helped thousands of mesothelioma patients nationwide get financial compensation from asbestos manufacturers since 1976, when we worked on the first successful product liability case against the asbestos companies. We have seen first-hand the devastating health effects caused by asbestos, and applaud all efforts to eliminate asbestos from the United States.

        If you or a loved one has been diagnosed with mesothelioma or another form of asbestos-caused lung cancer, please give us a call anytime at 1-866-594-8765 or fill out the contact form on this page.

        For more information about mesothelioma, please visit our Mesothelioma Info Center.

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