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 #10, January 2017
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.
Talc MDL Judge Suspends Deadlines for Motions to Dismiss, Says New Deadlines Will Be Discussed at Next Conference
The judge overseeing the national coordinated docket for talcum powder claims has suspended filing deadlines for motions to dismiss, saying that proposed new deadlines and briefing schedules will be discussed with the Court at the time of the next Case Management Conference.
Plaintiffs who are appealing the dismissal of their talcum powder claims have received a 30-day extension for filing their appellate brief, sources told HarrisMartin, and now have until Jan. 23 to present their written argument to the appellate court.
The U.S. Judicial Panel on Multidistrict Litigation has indicated that it will address oppositions — lodged by plaintiffs in 12 talcum powder cases — to the transfer of claims to the recently created multidistrict litigation docket.
Missouri Court Refuses to Lift Stay Order in Talcum Powder Case; Says JPML Can Weigh in on Opposition to CTO
A Missouri federal court has declined to lift a stay implemented in a multi-plaintiff talcum powder case, saying that the U.S. Judicial Panel on Multidistrict Litigation is set to consider the plaintiffs’ opposition to the conditional transfer order.
Louisiana Talc Plaintiff Continues to Fight Transfer of Claims to MDL; Says Challenges to Transfer Were Timely
A plaintiff in Louisiana has backed her efforts to set aside an order transferring her claims to the federal multidistrict litigation docket, maintaining that her opposition efforts were timely.
Plaintiffs whose claims were recently subject to a Conditional Transfer Order have moved to vacate the transfer of their lawsuit to the federal multidistrict litigation docket for talcum powder cases, maintaining that an order remanding their claims to state court is due any day now.