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.
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A Florida state court has rejected challenges to jurisdiction from Imerys Talc America in a talcum powder lawsuit, rejecting the defendant’s position that the court could not exercise jurisdiction over it since the company is not at home in Florida.
A Pennsylvania state court has sustained preliminary objections in a talcum powder case, finding that it could not exercise jurisdiction over Imerys Talc America simply for its decision to fill out paperwork required for a foreign corporation to do business in the state.
Plaintiffs in Asbestos Talc Case Oppose Transfer Efforts, Say Defendants Have Failed to Prove Current Venue is ‘Oppressive or Vexatious’
Plaintiffs asserting an asbestos-containing talcum powder lawsuit have opposed recent efforts to transfer the claims, arguing that the defendants are presenting conjecture concerning possible evidence of other asbestos exposure.
A Louisiana federal court has stayed a talcum powder case pending transfer to the national multidistrict litigation docket, opining that the benefits of allowing the MDL Court to address the improper joinder claims are self-evident.
Plaintiffs in Multi-Plaintiff Talc Suit Move to Remand Case, Outline Allegations Against In-State Defendant Pharma Tech
Plaintiffs in a multi-plaintiff talcum powder lawsuit have filed a motion to remand their claims, outlining their allegations against two in-state defendants operating as Pharma Tech Industries, which the plaintiffs say had a role in processing, bottling, labeling and packaging the harmful talcum powder products.
Several defendants named in an asbestos-containing talcum powder lawsuit have moved to transfer venue, maintaining that a nearby county is more suitable to hear the claims.
The 3rd Circuit U.S. Court of Appeals has issued the briefing schedule in the appeal of an order dismissing a talcum powder class action, requesting the appellant brief by Dec. 18.
Issue #19, October 2017
Plaintiffs whose $72 million talcum powder verdict was thrown out last month have asked the Missouri intermediate appellate court to rehear the dispute, maintaining that the case raises an issue of first impression.
The California judge overseeing the state’s coordinated docket for talcum powder claims has thrown out a $417 million verdict reached in the first case to proceed to trial in the state, citing insufficiency of the evidence as to causation, error in law occurring at trial, juror misconduct, and excessive compensatory and punitive damages.
Discovery Special Master in Talc MDL Docket Orders Plaintiffs to Return or Destroy Copies of Privileged Memo
The Special Master appointed by the talcum powder MDL Court to oversee discovery has issued an order asking counsel for the plaintiffs to return and destroy all copies of a memo that was inadvertently produced to plaintiffs without a confidentiality designation six years ago in the first talcum powder case ever to proceed to trial.