
Use Of Texas Two-Step Bankruptcy Tactic By J&J And Court Rejections
A look at the controversial bankruptcy maneuver J&J attempted to use and why courts have repeatedly rejected the move
Friday, October 3, 2025 - For several years now, the use of the “Texas Two-Step” bankruptcy maneuver has been one of the most controversial legal strategies tied to product liability cases. At the center of the debate has been the effort to use this tactic to shield financial responsibility in connection with thousands of claims alleging harm from talcum powder products. Families who have filed cases argue that the bankruptcy plan was designed to limit their ability to recover fair settlements, and the courts have increasingly taken their side. A baby powder cancer lawyer has explained in plain terms that the maneuver was essentially an attempt to separate profitable parts of the business from liabilities, leaving only a new shell company to shoulder the burden of legal claims. For those who have brought a baby powder lawsuit, the idea of a large, financially healthy corporation avoiding its responsibilities by shifting obligations onto a newly created entity felt like an insult on top of injury. Judges have now looked closely at this maneuver and found it to be improper, saying that bankruptcy protections should not be used by wealthy companies looking for shortcuts.
According to the United States Courts, bankruptcy laws are designed to provide relief for entities facing true financial distress, not those with ample resources to pay claimants. Judges reviewing the “Texas Two-Step” cases have ruled that this tactic does not align with the spirit of the law. Instead of being a tool for survival, the move looked like a financial strategy to avoid accountability. By rejecting the maneuver, the courts sent a strong message that bankruptcy protections cannot be twisted into shields for companies that remain profitable. Legal experts point out that if this strategy had been approved, it could have set a precedent for countless other corporations facing consumer protection cases, effectively undermining confidence in the entire system. The rulings have reassured families that their cases can proceed in a more transparent way, giving them a fairer shot at justice. Many observers see these decisions as a turning point in corporate accountability, especially in industries where consumer trust is critical.
Looking ahead, the rejection of the Texas Two-Step will likely influence how future corporate liability cases are handled. Companies may now think twice before attempting to offload liabilities into newly formed entities just to seek bankruptcy shelter. For claimants, it means a better chance of seeing their day in court rather than being pushed into complicated bankruptcy negotiations that limit payouts. This also forces corporations to deal with claims in a direct way, acknowledging both the harm caused and the financial consequences. In the long term, the legal system is likely to see stronger protections for consumers and less tolerance for financial maneuvers that attempt to sidestep accountability. While no outcome can undo the harm already suffered, the firm rejection of this tactic by the courts could help prevent similar strategies from being used in the future. In that sense, the rulings represent not only a win for claimants but also for the integrity of the justice system itself.