10/26/2026
A judge has approved a $535 million talc bankruptcy settlement despite objections that it provides too little for asbestos claimants.
U.S. Bankruptcy Judge Michael B. Kaplan approved the agreement on October 22 in Whittaker, Clark & Daniels’ New Jersey bankruptcy. The deal resolves claims involving Berkshire Hathaway’s National Indemnity, Brenntag, and other associated companies.
Whittaker filed for bankruptcy in 2023 after facing roughly 2,700 lawsuits alleging that talc it supplied contained asbestos and caused cancer. Claimant representatives sought permission to pursue additional recovery from non-bankrupt affiliates, but Kaplan ruled that the disputed claims belonged to Whittaker’s bankruptcy estate.
The judge found the settlement fair and reasonable. A lawyer representing asbestos claimants said she plans to appeal, meaning approval does not end the dispute or establish individual payout amounts.