Talc Defendants Luzenac, J&J Cite 1st Amendment in Arguing for Summary Judgment on Conspiracy

SIOUX FALLS, S.D. — Defendants Johnson & Johnson (NYSE: JNJ) and Luzenac America Inc. have asked a federal judge to reconsider summary judgment on conspiracy claims made by a consumer who links the use of their talc products to her ovarian cancer.

Briefs submitted separately by defendants follow decisions by the U.S. District Court for the District of South Dakota to limit testimony by some plaintiff’s experts but to deny summary judgment on conspiracy and failure to warn.

Plaintiff Deane Berg alleges that her longtime use of Johnson’s Baby Powder and Shower to Shower talc products led to a 2006 …