Talcum Powder Litigation Report
Hot on the heels of separate $72 million and $55 million verdicts entered against Johnson & Johnson defendants, HarrisMartin has launched this Talcum Powder Litigation Report, an online-only resource dedicated solely to news on talc-based powder ovarian cancer claims.
SEARCH THE ARCHIVES
A California federal court overseeing a Proposition 65 case brought against Johnson & Johnson and Johnson & Johnson Consumer Inc. for its allegedly asbestos-containing talcum powder products has issued a tentative order saying it is inclined to grant the plaintiffs’ motion to voluntarily dismiss over defense objections, finding “no plain legal prejudice” to the defendants.
Issue #32, July 2019
Del. Federal Court Refuses to Fix Venue of 2,400 Talcum Powder Claims, Says ‘Related-To’ Subject Matter Jurisdiction Doesn’t Exist
A Delaware federal court has denied Johnson & Johnson’s efforts to fix venue of approximately 2,400 state court talc cases in the state, concluding that the court does not have “related-to” subject matter jurisdiction over the claims.
Fla. Federal Court Remands Ovarian Cancer Talc Case, Says J&J Hasn’t Established ‘Related to’ Jurisdiction
A Florida federal court has remanded an ovarian cancer talcum powder case, saying that Johnson & Johnson has not specified what the “certain contractual obligations” are between it and Imerys Talc America, which is undergoing bankruptcy proceedings.
Imerys Talc America Inc. has opposed a request from excess insurers of Cyprus to access tort-claim documents produced in the former’s company’s ongoing bankruptcy proceedings, calling the requests “overbroad,” and unjustified.
A California appellate court has affirmed a trial court order granting Johnson & Johnson Consumer Inc. a new trial in an ovarian cancer talcum powder case that ended in a $417 million verdict, but reversed the judgment notwithstanding the verdict order on liability entered in favor of the same company, concluding that internal documents demonstrated the defendant knew of the link between ovarian cancer and perineal talc use.
The New Jersey federal judge overseeing the national multidistrict litigation docket for talcum powder claims has remanded six cases to Louisiana state court, ruling that the plaintiffs have asserted colorable negligence and product liability claims against a non-diverse defendant.
Issue #31, June 2019
Talcum Powder MDL PSC: Scientific Literature ‘Fully Supports’ Correlation Between Asbestos and Ovarian Cancer
The Plaintiffs’ Steering Committee has opposed Johnson & Johnson’s motion to exclude the plaintiffs’ experts’ asbestos-related opinions, contending that both the scientific literature and internal documents establish the presence of asbestos in the mines and materials used for talcum powder products.
A Pennsylvania federal court has remanded an ovarian cancer talcum powder action, finding that the Johnson & Johnson defendants had failed to show that the lawsuit triggered Imerys Talc America’s duty to automatically indemnify the Baby Powder manufacturer.
A Florida federal court has denied Johnson & Johnson’s efforts to stay an ovarian cancer talcum powder action, saying that pausing the proceedings would result in “significant prejudice” to the plaintiff.
Louisiana Court Remands Talcum Powder Claims, Says Connection with Imerys’ Bankruptcy Not ‘Sufficiently Strong’
A Louisiana federal court is the latest to remand talcum powder claims removed as part of Johnson & Johnson’s efforts to fix venue in Delaware on grounds that the cases are related to Imerys Talc America’s ongoing bankruptcy proceedings, concluding that the connection between those proceedings and the underlying case was not “sufficiently strong.”