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 #22, September 2018
Talcum Powder Class Action Plaintiffs Seek Remand, Say J&J Already Agreed Case Belongs in State Court
Plaintiffs asserting class action claims against Johnson & Johnson for what they say is the false advertising of talcum powder products have asked the national multidistrict litigation court to remand their case, saying that the parties had previously agreed that the case did not belong in federal court.
3rd Circuit Affirms Dismissal of Talc Class Action, Says Plaintiffs Haven’t Suffered Economic Injury
The 3rd Circuit U.S. Court of Appeals has affirmed the dismissal of a talcum powder class action suit, opining that buyer’s remorse is not a cognizable injury under Article III of the U.S. Constitution.
Issue #21, August 2018
Missouri Judge Enters $4.69 Billion Judgment in Favor of Talcum Powder Plaintiffs One Month After Verdict
A Missouri state court judge has entered judgment in favor of 22 talcum powder plaintiffs and against Johnson & Johnson and Johnson & Johnson Consumer Inc., ordering the defendants to pay the plaintiffs a total of $4.69 billion.
A Missouri intermediate appellate court has denied an effort by plantiffs to have the court re-visit its earlier order tossing a $55 million talcum powder verdict on jurisdiction grounds.
The judge overseeing the national multidistrict litigation docket for talcum powder claims has issued a schedule for general causation expert witness and Daubert proceedings, placing a Daubert hearing for June 2019, according to a recent case management order.
A New Jersey appellate court is set to weigh in on a talcum powder admissibility dispute now that the state high court has issued its opinion in an Accutane proceeding, in which the court affirmed the dismissal of more than 2,000 cases on grounds that the exclusion of plaintiff expert testimony was “well-supported and well-reasoned.”
Defendants File Several Motions in Missouri Multi-Plaintiff Talcum Powder Case, Seek Dismissal on Forum, Jurisdiction Grounds
Imerys Talc America has filed several motions in a pending talcum powder case seeking the dismissal of non-Missouri plaintiffs on forum non conviens grounds, and asking the court to transfer venue.
A Missouri intermediate appellate court has allowed defendants in a talcum powder action more time to file their appellate brief, which will address a lower court decision exercising jurisdiction over the parties.
Issue #20, July 2018
HarrisMartin: Jury Adds $4.14 Billion in Punitive Damages to Earlier $550 Million Award in Talc Trial Against J&J
A Missouri jury has added $4.14 billion in punitive damages to an earlier award of $550 million in a multi-plaintiff talcum powder trial, bringing the total verdict to $4.69 billion in what was the first multi-plaintiff trial to proceed in the state.
Oral arguments have been scheduled for July 30 to address motions made by defendants to dismiss talcum powder cases pending in Delaware for lack of personal jurisdiction, according to recent filings.