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 #05, August 2016
Johnson & Johnson defendants named in a talcum powder lawsuit pending in Georgia federal court have filed a motion to dismiss the fraud, misrepresentation, conspiracy, and warranty claims, maintaining that the claims are not pled with sufficient particularity.
There are now 189 talcum powder personal injury lawsuits pending against Johnson & Johnson defendants in New Jersey’s coordinated docket with the first one still scheduled to begin trial in October, according to a recent case list.
Defendants Remove 2 Talcum Powder Complaints to Federal Court; Third Filed in Illinois Federal Court
The defendants in two talcum powder cases have removed the filings to federal court in Missouri, citing diversity jurisdiction and contending that the majority of the plaintiffs in the lawsuits are completely diverse from all the named defendants.
Georgia Court Agrees to Stay Talcum Powder Case in Part; Allows Parties to Take Plaintiff’s Deposition
A Georgia federal court has agreed to stay all proceedings in a talcum powder lawsuit except the deposition of the plaintiff, noting that she has been diagnosed with terminal ovarian cancer and has asked to take her deposition as soon as possible in order to preserve her testimony.
A New Jersey federal court said it will allow a talcum plaintiff to file a motion to compel a hospital to produce tissue blocks in the wake of the hospital’s indication that it would not produce the blocks without a court order.
An additional six talcum powder suits are now pending in federal courts, with five of the six filed by new plaintiffs in recent days in Texas, Florida, Georgia, Ohio and Illinois.
The U.S. Judicial Panel on Multidistrict Litigation is scheduled to hear arguments relating to the creation of a multidistrict litigation docket for talcum powder claims at its September 29 hearing, according got a recent notice.
Plaintiffs Oppose Creation of Talcum Powder MDL Docket; J&J Supports Coordinated Docket, Suggests New Jersey Court
Parties on both sides of the talcum powder litigation have lodged opposition to the recent effort to create a multidistrict litigation docket to handle the growing number of claims, with some of the plaintiffs contesting the creation of a docket outright and the Johnson & Johnson defendants suggesting a different location.
Defendants in a talcum powder action pending in New Mexico federal court have requested that the proceedings be stayed, citing the pending motion to create a multidistrict litigation docket filed with the U.S. Judicial Panel on Multidistrict Litigation.
Plaintiffs with talcum powder claims pending in a Missouri federal court have opposed defense efforts to dismiss the claims for lack of personal jurisdiction or improper venue, maintaining that the defendants have ties to the state.