STORY FROM: Talcum Powder Litigation Report

Talc Defendants Seek Panel Rehearing on Voluntary Dismissal of Complaint; Renew Efforts to Enjoin Plaintiff’s Claims from Being Tried

ST. LOUIS –- Several talcum powder defendants have filed a petition for panel rehearing or rehearing en banc, saying the 8th Circuit’s recent decision to affirm a District Court’s order allowing the plaintiff to voluntarily dismiss his complaint did not give “sufficient weight to the fact that a defendant is prejudiced by a voluntary dismissal that is aimed at depriving it of its right to a federal forum.”

In the May 30 petition filed with the 8th Circuit U.S. Court of Appeals, the defendants reiterated their position that the appeal presents a “blatant” case of forum shopping.

“Nonetheless,” the petition ...

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