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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Johnson & Johnson defendants have filed motions for summary judgment in the three talcum powder cases scheduled to be tried in what will be the first multi-plaintiff trial to take place in Missouri state court, in part contesting causation evidence and arguing that the claims are preempted.
A Pennsylvania state court has weighed in on preliminary objections filed by Johnson & Johnson, Johnson & Johnson Consumer Inc., and Imerys Talc America, sustaining the challenges raised by the defendants as to the court’s jurisdiction over the claims and dismissing the lawsuits filed against the defendants.
The July trial of a Washington, D.C. talcum powder case has been continued by the court, which additionally scheduled a mediation session for March 22, 2018.
Talc Plaintiffs Oppose Efforts to Stop Inclusion of Plaintiff in June Trial, Say Federal Courts Can’t Grant Injunction to Stay State Court Proceedings
Talcum powder plaintiffs have opposed recent defense efforts to obtain a court order enjoining a plaintiff from trying his claims in state court, maintaining that a general rule precludes a federal court from granting an injunction to stay proceedings in a state court.
The Personal Care Products Council has filed a motion to dismiss MDL cases pending against it, arguing primarily that the plaintiffs in the non-Washington, D.C., and New Jersey cases cannot establish jurisdiction.
The parties involved in the federal talcum powder litigation docket are unable to agree on a case in which the court will hear arguments relating to a motion to dismiss for lack of personal jurisdiction, according to a letter submitted to the court by the plaintiffs.
Parties involved in a Washington, D.C. talcum powder attended a status hearing last week, at which time they indicated that a Daubert hearing was not necessary at the current time.
Calif. Talcum Powder Parties Involved in Upcoming Trial File Stipulation, Won’t Mention Asbestos During Trial
Parties involved in the California coordinated docket for talcum powder cases have filed a stipulation involving the claims in an upcoming trial, agreeing that the case will only involve regular talc that does not contain asbestiform talc or asbestos.
A Missouri state court has granted a plaintiff motion to consolidate for trial certain talcum powder plaintiffs, sources told HarrisMartin, scheduling the wrongful death claims of three plaintiffs in the June setting.
Talc Defendants File Emergency Motion Asking 8th Circuit to Enjoin Plaintiffs From Pursuing Claims in State Court
Defendants involved in a talcum powder appeal have filed an emergency motion to enjoin a plaintiff from trying his claims in state court, saying that allowing the claims to be tried as part of a multi-plaintiff trial would deprive the court the opportunity to correct the District Court’s allowance of “blatant forum shopping.”