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
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
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.
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 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.
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.
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.
A Florida state court has, in part, overruled objections to jurisdictional requests for production submitted by the plaintiffs in a talcum powder case, ordering Imerys Talc to answer specific interrogatories and to produce a corporate witness for deposition.
J&J Defendants Remove Lone Volusia County Talc Case to Federal Court 1 Year After Complaint Was Filed
Johnson & Johnson and Johnson & Johnson Consumer Inc. have removed a talcum powder case one year after it was filed, saying that the voluntary dismissal of in-state defendant Publix Super Markets created “complete diversity between the remaining parties.”