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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 #28, March 2019

Pa. Court Stays Imerys Talc’s Appeal of Jurisdiction Ruling in Light of Bankruptcy Proceedings

A Pennsylvania state court has stayed a jurisdiction-related appeal filed by Imerys Talc America Inc. in light of the company’s bankruptcy filing, saying that the proceedings would be continued until the court overseeing the bankruptcy action lifted the automatic stay.


U.S. House Subcommittee Schedules Public Hearing on Health Risks of Carcinogens in Consumer Products

The U.S. House of Representatives Subcommittee on Economic and Consumer Policy has scheduled a public hearing to examine the public health risks of carcinogens in consumer products, at which time it will look at the scientific evidence of health risks from long-term use of consumer products containing talc and federal regulatory framework over consumer products.


Mo. Federal Court Stays Talcum Powder Action, Says Plaintiffs Can Present Remand Argument to MDL Court

A Missouri federal court has stayed a multi-plaintiff talcum powder case pending transfer to the national multidistrict litigation docket, noting that the plaintiffs will have a “full and fair opportunity to present their argument for remand to the MDL Court.”


Issue #27, February 2019

Miss. Court Stays Attorney General Action Against J&J Pending Appeal

A Mississippi state court has granted Johnson & Johnson’s motion to stay a talcum powder action brought by the Mississippi Attorney General, pending final resolution of the appeal of an order denying defense efforts to obtain summary judgment.


Mo. Supreme Court Sides with Talc Defendants, Moves Blaes Claims to St. Louis County

The Missouri Supreme Court has found that a trial court abused its discretion in overruling motions to sever and transfer talcum powder claims, concluding that the case should be tried in St. Louis County, not St. Louis City.


Imerys Talc America Files for Chapter 11 Bankruptcy, Cites Pending Personal Injury Suits

Imerys Talc America has filed a petition for Chapter 11 bankruptcy, estimating its number of creditors between 10,000 and 25,000 and its estimated liabilities to be between $50 million and $100 million.


Perspectives: 'Challenging the Plaintiff’s Economic Expert'

Erik W. Legg and Stephanie M. Rippee discuss common issues faced by defense counsel when challenging an opposing party’s expert economist or accountant and provide examples of several approaches to the expert challenge.


Miss. Attorney General Opposes J&J’s Efforts to Stay, Continue Trial Date in Talcum Powder Action

Parties in the talcum powder action brought by the Mississippi Attorney General have exchanged briefing on a motion to continue and stay pending appeal, with the plaintiffs arguing that a stay would prejudice the State since “talcum powder products continue to be sold and used by women across the State of Mississippi.”


Imerys Backs Efforts to ‘Claw Back’ Emails from Employee, Says Marital Communications Privilege Applies

Parties in the national multidistrict litigation docket for talcum powder claims have exchanged briefing on the applicability of marital communications privilege to the emails of an Imerys Talc America employee, with the defendant noting that a California state court recently applied such privilege.


Plaintiffs in New Fla. State Court Complaint Allege Exposure to Asbestos in Talcum Powder, Automobile Brake Products

A new complaint has been filed in Florida state court asserting mixed exposure claims, contending that the male plaintiff developed mesothelioma as a result of both using asbestos-contaminated talcum powder products and automotive brakes.


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