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 #33, August 2019
For the first time, Georgia jurors will have a chance to weigh in on whether talcum powder caused a woman’s ovarian cancer in what is the first case of its kind to proceed to trial in the state.
A Pennsylvania state court has accepted a cosmetic talcum powder mesothelioma case back to its docket, noting that a federal court had rejected Johnson & Johnson’s efforts to remove the case.
A Pennsylvania court will recommence overseeing an talcum powder ovarian cancer suit after it was remanded by a federal court, which noted that that the defendants had withdrawn their opposition of the motion to remand.
Defendants named in a class action lawsuit filed by Johnson & Johnson stockholders have filed a reply brief supporting their efforts to present additional evidence supporting their motion to dismiss, saying that the plaintiffs’ opposition of the Request for Judicial Notice is “misleading.”
A California federal court overseeing a Proposition 65 case brought against Johnson & Johnson and Johnson & Johnson Consumer Inc. for its allegedly asbestos-containing talcum powder products has issued a tentative order saying it is inclined to grant the plaintiffs’ motion to voluntarily dismiss over defense objections, finding “no plain legal prejudice” to the defendants.
Issue #32, July 2019
Del. Federal Court Refuses to Fix Venue of 2,400 Talcum Powder Claims, Says ‘Related-To’ Subject Matter Jurisdiction Doesn’t Exist
A Delaware federal court has denied Johnson & Johnson’s efforts to fix venue of approximately 2,400 state court talc cases in the state, concluding that the court does not have “related-to” subject matter jurisdiction over the claims.
Fla. Federal Court Remands Ovarian Cancer Talc Case, Says J&J Hasn’t Established ‘Related to’ Jurisdiction
A Florida federal court has remanded an ovarian cancer talcum powder case, saying that Johnson & Johnson has not specified what the “certain contractual obligations” are between it and Imerys Talc America, which is undergoing bankruptcy proceedings.
Imerys Talc America Inc. has opposed a request from excess insurers of Cyprus to access tort-claim documents produced in the former’s company’s ongoing bankruptcy proceedings, calling the requests “overbroad,” and unjustified.
A California appellate court has affirmed a trial court order granting Johnson & Johnson Consumer Inc. a new trial in an ovarian cancer talcum powder case that ended in a $417 million verdict, but reversed the judgment notwithstanding the verdict order on liability entered in favor of the same company, concluding that internal documents demonstrated the defendant knew of the link between ovarian cancer and perineal talc use.
The New Jersey federal judge overseeing the national multidistrict litigation docket for talcum powder claims has remanded six cases to Louisiana state court, ruling that the plaintiffs have asserted colorable negligence and product liability claims against a non-diverse defendant.