STORY FROM: Talcum Powder Litigation Report
Del. Court Rejects Efforts by Johnson & Johnson to Move Thousands of Talc Cases to Bankruptcy Court
May 13, 2019
WILMINGTON, Del. –– A Delaware court has ruled that Johnson & Johnson has not established that provisional transfer is warranted of “essentially every talc case pending against it,” rejecting the defendant’s efforts to move all state court talcum powder claims to the court overseeing Imerys Talc America’s bankruptcy petition.
In a May 9 order, the U.S. District Court for the District of Delaware found that since Johnson & Johnson was responsible for the timing of the removal and ensuing remand motions, it was not entitled to provisional transfer or immediate, ex parte relief.
The court’s order came less than one ...