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 #40, March 2020
Johnson & Johnson has moved the federal bankruptcy court overseeing Chapter 11 proceedings of Imerys Talc America to modify its automatic stay order, saying that it will “suffer tremendous harm as a result of losing the opportunity to litigate causation or value related to any claim.”
J&J Objects to Imerys Talc’s Motion to Extend Time in Which Chapter 11 Bankruptcy Reorganization Plan Can Be Filed
Johnson & Johnson and Johnson & Johnson Consumer Inc. have filed an objection to Imerys Talc America’s motion for an extension of time in which to file its Chapter 11 bankruptcy reorganization plan, saying it is the fourth request for such an extension and that the company has failed to prove that it is warranted.
The federal court overseeing a lawsuit accusing Johnson & Johnson Consumer Inc. of misleadingly labeling its Baby Powder product as hypoallergenic has extended briefing and class certification expert discovery schedules, according to a recent order.
Plaintiffs attempting to remand claims pending in the national multidistrict litigation docket for talcum powder cases have backed their efforts, maintaining that the defendants have failed to prove that the claims have been fraudulently misjoined.
A Florida jury has awarded $9 million at the conclusion of an asbestos cosmetic talcum powder trial against Johnson & Johnson, finding that there was asbestos in the defendant’s Baby Powder and that this asbestos was the cause of the plaintiff’s mesothelioma.
Issue #39, February 2020
The Johnson & Johnson defendants are opposing efforts by talcum powder plaintiffs to remand their claims, contending that the motion is a “patent attempt at forum-shopping.”
Counsel for the defendants involved in the federal multidistrict litigation docket for talcum powder claims has written its own letter refuting recent efforts by the Plaintiffs’ Steering Committee to highlight recent scientific developments, saying the work to “try to must post hoc support for their experts’ opinions is ultimately irrelevant to the Court’s analysis.”
FDA Holds Public Meeting on Testing Methods for Asbestos in Talc and Cosmetic Products Containing Talc
The U.S. Food and Drug Administration recently held a public meeting on testing methods for asbestos in talcum powder products during which it aimed to discuss and obtain scientific data and information on topics related to methodologies, terminologies, and criteria that could be used to measure the quantity of asbestos that may be present in talc and other consumer products.
The Plaintiffs’ Steering Committee has sent the court overseeing the talcum powder MDL docket a letter pointing to a recent developments from the International Agency for the Research on Cancer and the U.S. Food and Drug Administration related to investigating a possible link between talcum powder and ovarian cancer.
HarrisMartin: N.J. Jury Adds $750 Million Total in Punitive Damages to Earlier $37.3 Million Verdict in Asbestos Talc Trial
A New Jersey jury has added $750 million in punitive damages total to an earlier $37.3 million compensatory damage verdict at the conclusion of the second phase of a trial in which Johnson & Johnson’s Chief Executive Officer Alex Gorsky took the stand, HarrisMartin Publishing is reporting.