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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Issue #40, March 2020
A new complaint has been filed in Georgia state court against Johnson & Johnson defendants contending that the company has known for decades that its talcum powder products contained asbestos and their unwillingness to admit this caused the decedent to develop ovarian cancer.
Retrial of Talcum Powder Ovarian Cancer Case Continued as Atlanta Court Declares Judicial Emergency, Citing COVID-19 Concerns
The retrial of a talcum powder ovarian cancer case that ended in a hung jury last year has been continued from its April 8 trial date in wake of an Atlanta state court judge’s declaration of the existence of a judicial emergency related to the continued transmission of Coronavirus/COVID-19 throughout the county.
The Atlanta Judicial Circuit has declared the existence of a Judicial Emergency in the Atlanta Judicial Circuit, saying that the continued transmission of Coronavirus/COVID-19 throughout the county warrants such a declaration.
Johnson & Johnson has moved the federal bankruptcy court overseeing Chapter 11 proceedings of Imerys Talc America to modify its automatic stay order, saying that it will “suffer tremendous harm as a result of losing the opportunity to litigate causation or value related to any claim.”
J&J Objects to Imerys Talc’s Motion to Extend Time in Which Chapter 11 Bankruptcy Reorganization Plan Can Be Filed
Johnson & Johnson and Johnson & Johnson Consumer Inc. have filed an objection to Imerys Talc America’s motion for an extension of time in which to file its Chapter 11 bankruptcy reorganization plan, saying it is the fourth request for such an extension and that the company has failed to prove that it is warranted.
The federal court overseeing a lawsuit accusing Johnson & Johnson Consumer Inc. of misleadingly labeling its Baby Powder product as hypoallergenic has extended briefing and class certification expert discovery schedules, according to a recent order.
Plaintiffs attempting to remand claims pending in the national multidistrict litigation docket for talcum powder cases have backed their efforts, maintaining that the defendants have failed to prove that the claims have been fraudulently misjoined.
A Florida jury has awarded $9 million at the conclusion of an asbestos cosmetic talcum powder trial against Johnson & Johnson, finding that there was asbestos in the defendant’s Baby Powder and that this asbestos was the cause of the plaintiff’s mesothelioma.
Issue #39, February 2020
The Johnson & Johnson defendants are opposing efforts by talcum powder plaintiffs to remand their claims, contending that the motion is a “patent attempt at forum-shopping.”
Counsel for the defendants involved in the federal multidistrict litigation docket for talcum powder claims has written its own letter refuting recent efforts by the Plaintiffs’ Steering Committee to highlight recent scientific developments, saying the work to “try to must post hoc support for their experts’ opinions is ultimately irrelevant to the Court’s analysis.”