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 #01, April 2016
Jury Selected in Second Missouri Talcum Powder Case; Court Denies Defense Motions for Summary Judgment, to Exclude Experts
The judge overseeing the second talcum powder case to proceed to trial in Missouri has issued orders denying defense motions for summary judgment, to exclude testimony and to transfer venue, according to the court’s online docket.
Plaintiffs have filed 14 new talc-based powder cases in New Jersey in the last three weeks, bringing the total number of cases pending in that state’s coordinated docket to 139, according to a recent published case list.
An October trial setting has been scheduled for the first talc-based powder case to proceed to trial in New Jersey’s coordinated docket, at which time a jury will hear claims from a woman who contends that her use of Johnson & Johnson’s Baby Powder caused her to develop ovarian cancer at the age of 36.
Parties involved in the second talc-based powder case to proceed to trial in St. Louis have started jury selection, sources with the court confirmed to HarrisMartin Publishing.
A Missouri judge overseeing a talcum powder case filed by 82 plaintiffs recently heard motions to dismiss in which the defendants argued, in part, that the court should sever the claims asserted by the majority of the plaintiffs on ground that they violate the forum non conveniens doctrine.
Imerys Talc America Inc. has challenged talcum powder claims pending in Missouri state court, contending that the court cannot exercise jurisdiction over Imerys simply because it has a registered agent in a nearby county and, further, that it did not mine or sell talc in Missouri.
A Missouri federal court has granted a talc-based powder plaintiff’s motion to dismiss the claims without prejudice despite defense objections, opining that the plaintiff had articulated a proper explanation for his desire to dismiss the action and that dismissal would not result in a waste of judicial time and effort.
A Washington, D.C., trial court has scheduled an April 2017 trial in a talc-based powder ovarian cancer lawsuit that joins a growing list of cases set to be tried over the next 12 months.
Talc Plaintiff Admits He Wants to Re-File Case in Mo. State Court, Wants to be Part of Multi-Plaintiff Trial
A plaintiff whose talc-based powder claims have been litigated in Missouri federal court has backed his motion to dismiss without prejudice, conceding that he wishes to re-file the case in Missouri state court so that it can be part of a multi-plaintiff trial scheduled for Jan. 2017.
Johnson & Johnson, Imerys Talc Oppose Plaintiffs’ Voluntary Motion to Dismiss Talc Case; Say Plaintiff Trying to ‘Forum Shop’
Johnson & Johnson and Imerys Talc America have opposed a voluntary motion to dismiss a talc-based powder exposure suit, saying that the plaintiff offered no reason for the motion to dismiss and, the defendants, speculate, is planning to re-file the case in state court.