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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Parties involved in the first talcum powder case to proceed to trial in California have delivered opening arguments to a jury one day earlier than expected, sources confirmed to HarrisMartin.
A Missouri federal court has remanded a recently removed talcum powder case, opining that while the plaintiffs “surely secured advantageous forums by manipulating the groups of plaintiffs in an attempt to prevent federal jurisdiction,” such manipulation was legal within the confines of federal statutes and case law at the time and was not done in bad faith.
Johnson & Johnson Defendants Oppose Efforts to Hold Hearing on Remand Motions in Recently Removed Talc Cases
Defendants who recently removed approximately 20 talcum powder cases to federal court have opposed plaintiff efforts to hold a telephonic hearing on emergency motions to remand, arguing that “there are no outstanding discovery or trial deadlines pending in state court that make it essential to resolve the issue of jurisdiction instantaneously.”
Jury selection is underway in what will be the first talcum powder case to proceed to trial in California, sources confirmed to HarrisMartin.
The federal court overseeing the national coordinated docket for talcum powder claims has issued a sua sponte order administratively dismissing motions to dismiss claims based on lack of personal jurisdiction and separate motions to remand, citing the U.S. Supreme Court’s recent decision in Bristol-Myers Squibb Co. v. Superior Court of California.
Talc MDL Court Dismisses Putative Class Action, Says Plaintiffs Haven’t Established Injury-in-Fact, But Allows Leave to Amend
The federal judge overseeing the national coordinated multidistrict litigation docket for talcum powder claims has granted Johnson & Johnson’s motion to dismiss the first amended complaint filed in a putative class action, but has allowed the plaintiffs leave to amend.
The California judge overseeing the state’s coordinated docket for talcum powder personal injury claims has awarded summary judgment to Imerys Talc America in the first case scheduled to proceed to trial, agreeing with the defendant that, as a provider of raw material in bulk to a sophisticated buyer, it cannot be held liable for the plaintiff’s injuries.
Plaintiffs with claims pending in the national coordinated docket for talcum powder claims have opposed the Personal Care Products Council’s motion to dismiss, saying that the defendant cannot seek a blanket dismissal of the cases because each Short Form Complaint does not specify individual bases for jurisdiction.
Talcum Powder Defendants Remove 20 Missouri State Court Lawsuits in Wake of High Court’s Jurisdiction Holding
Johnson & Johnson and Johnson & Johnson Consumer Inc. have removed 20 talcum powder cases that have been pending in Missouri state court, citing the U.S. Supreme Court’s recent ruling on jurisdiction.
Parties involved in Delaware’s coordinated talcum powder are awaiting a hearing date on a defense motion seeking a protective order against what the defendant argued were irrelevant, overbroad, harassing, and unduly burdensome discovery requests.