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 #11, February 2017
Missouri Supreme Court Denies J&J’s Request to Review Stay Orders in Talc Cases; Jury Selection Begins
The Missouri Supreme Court has denied a petition for writs of prohibition filed by Johnson & Johnson and Imerys Talc America, denying the defendants’ efforts to contest a trial court order declining to stay a future talcum powder trial.
Issue #10, January 2017
The judge overseeing the federal multidistrict litigation docket for talcum powder claims has issued an order on in extremis deposition protocol, mandating that the plaintiffs must submit a number of items to the defendants at least 60 days before an in extremis deposition.
Parties involved in the national multidistrict litigation docket for talcum powder claims held a “science day,” presenting evidence to the MDL judge for five-and-a-half hours, according to minutes released by the court.
New Study Says “Meta-Analysis Resulted in a Weak But Statistically Significant” Link Between Talc and Ovarian Cancer
A meta-analysis published this month in the European Journal of Cancer Prevention examined more than 20 studies, concluding that there is a “weak but statistically significant association between genital use of talc and ovarian cancer.”
Parties on both sides of the national coordinated multidistrict litigation docket for talcum powder personal injury claims have filed proposed status conference agendas for an upcoming meeting, according to documents filed in federal court.
Calif. Court Schedules Jan. 30 Hearing to Weigh in on Motion for Preferential Trial Setting in Talc Case
The California state court judge overseeing the state’s coordinated talcum powder docket has deferred ruling on a plaintiff’s motion for trial preference, instead scheduling a hearing for Jan. 30, at which time she is expected to determine the trial date.
Louisiana Federal Court Denies Talcum Powder Plaintiff’s Motion to Set Aside Transfer of Claims to MDL
A Louisiana federal court has denied a plaintiff’s request to vacate transfer to the MDL docket, saying that the matter is now pending before the multidistrict litigation judge in New Jersey and that the plaintiff “must move that court for any appropriate relief.”
A Missouri state court has denied plaintiffs’ efforts to advance a different plaintiff than that scheduled for the Feb. 6 trial setting, rejecting their argument that a jury should hear the claims of a plaintiff who is currently undergoing additional rounds of chemotherapy.
Johnson & Johnson and Imerys Talc America has filed a number of post-trial motions in a talcum powder lawsuit, asking the court for a new trial or, in the alternative, to reduce the “unconstitutionally excessive punitive damage award,” which totaled $67.5 million, the majority of which was entered against Johnson & Johnson.
Issue #09, December 2016
Talcum Powder Defendants Oppose Plaintiff Objections to Transfer of Claims to MDL, Say Remand is Not a ‘Forgone Conclusion’
A number of defendants named in two Missouri talcum powder lawsuits that were removed to federal court and noticed for transfer to the national coordinated docket for such claims have backed their removal of the suits, maintaining that the U.S. Judicial Panel on Multidistrict Litigation has “consistently” held that a pending motion to remand is in an insufficient basis to vacate a conditional transfer order.