U.S. Supreme Court Distributes Petition Relating to Miss. AG Talcum Powder Case for Conference

WASHINGTON, D.C. –– The U.S. Supreme Court has distributed for conference a petition for review filed by Johnson & Johnson in a talcum powder lawsuit brought by the Attorney General of Mississippi.

In a Nov. 23 docket entry, the nation’s highest court said it had distributed the petition for conference of Dec. 10.

The distribution comes just two days after Johnson & Johnson filed a reply brief in the matter, maintaining that circuit and state supreme courts are split on whether a “presumption against preemption applies to express preemption clauses.”

The defendant also argued that “the courts are split 8-2 …