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Imerys 8 articles

Opinion: J&J may have a hard time overcoming personal jurisdiction in Missouri

In light of Missouri trial Judge Rex M. Burlison upholding the May 2016 verdict of $110 million in favor of plaintiff Lois Slemp, finding that although she is a Virginia resident her case meets the jurisdictional standards laid out by the U.S. Supreme Court, Law360 addresses the potential future of talc trials in Missouri. The Supreme Court ruled in June in Bristol-Myers Squibb Co. v. Superior Court of California, effectively changing the previously functioning rules for establishing personal jurisdiction for out-of-state plaintiffs. The trial that had been underway for two weeks on behalf of three women who died of ovarian ... Read More

J&J betrayed trust, talc contains asbestos, jury told

The first talc mesothelioma case against Johnson and Johnson and Imerys is being tried again in Pasadena, California. A retrial began nine days after a mistrial was declared when plaintiff Tina Herford mentioned talc’s alleged link to ovarian cancer in her testimony on day two. Since 2016 there have been six completed trials against Johnson and Johnson and Imerys centering on allegations that talc itself is carcinogenic and responsible for contributing the the development of women’s ovarian cancer. Five of the six juries in those cases found in favor of the plaintiffs with huge multi-million dollar verdicts that got international ... Read More

Judge supports punitive damages in talc litigation

The fifth Missouri talc trial started April 10 before Judge Rex M. Burlison of the 22nd Circuit Court of St. Louis. Burlison presided over all of the court’s talc trials, including three last year resulting in verdicts in favor of plaintiffs who claimed Johnson and Johnson’s talc-containing products contributed to the development of their ovarian cancer. The St. Louis Record reports that as this new trial begins defendants Johnson and Johnson and Imerys, the company that supplies talc to J&J, are still busy arguing against last year’s losses. Specifically, both have filed post-trial motions against last October’s $70 million verdict. Among their arguments, ... Read More

Analysis: ‘Judicial Hellhole’ designation motivated by big business, not accurate assessment of talc litigation

Missouri Lawyers Weekly recently talked to Thomas Stewart, director of the trial advocacy program at Saint Louis University School of Law about his city’s reputation and tort reform in regard to the recent talc litigation. “So much of this tort reform business is based on the idea that you file your case in the city of St. Louis, and the jury automatically gives you money. Of course that’s nonsense,” Stewart said. “City judges and juries analyze on a case by case basis.” St. Louis drew the ire of tort reform groups last year, when three separate juries returned verdicts for plaintiffs ... Read More

Legal community says talc litigation shows potential

“Women alleging Johnson & Johnson’s talc baby powder caused their ovarian cancer have racked up a trio of trial victories in St. Louis totaling $200 million,” Law360 reports. The site asks, “Is Talc The New Tobacco?” and writes that the legal community is attentively watching the “potentially promising” talc litigation; “Verdicts Show Potential” the headline read. In fact, its report on the results from the most recent trial made it into the top 10 hottest stories summary. Law360 interviewed veteran plaintiffs attorney Elizabeth Cabraser of Lieff Cabraser Heimann & Bernstein LLP, who heads up several of the biggest product liability ... Read More

If there is confusion about talc, who’s to blame?

Johnson & Johnson’s attorneys recently asserted that the plaintiffs’ lawyers “have deliberately created confusion about the science of talc at trial.” Jere L. Beasley, principal and founder of Beasley, Allen, Crow, Methvin, Portis & Miles, P.C., whose trial team represented two plaintiffs in recent trials linking talcum powder to ovarian cancer, issued a statement refuting J&J’s claim, and, in fact, saying just the opposite is true. “It is the height of irony that Johnson & Johnson would claim that our trial team are the ones trying to create confusion surrounding the scientific evidence linking use of talcum powder for feminine hygiene to ovarian ... Read More

Talcum powder possibly linked to 10 percent of ovarian cancer cases

An estimated 20,000 women develop ovarian cancer each year, and more than 14,000 die annually. Risk factors include family history, mutations of the BRCA 1 and BRCA 2 genes, and use of fertility drugs. A lesser-known risk factor is use of talc-containing products on the genital area for personal hygiene. The first research on talcum powder and cancer dates back to 1971, when British researchers found talc particles “deeply embedded” in 10 out of 13 ovarian cancer tumors. A decade later, researchers showed the first statistical link between genital use of talcum powder and ovarian cancer. Since then, another 20 ... Read More

Widower files lawsuit against manufacturers of talcum powder products

James Chakalos says manufacturers of talc-containing products knew that using talcum powder in the genital area for personal hygiene could increase the risk of ovarian cancer in women, but they refused to add warnings on the products’ labels. James has filed a lawsuit against Johnson & Johnson and other manufacturers claiming his wife’s lifetime use of the products caused her to develop the deadly cancer, which took her life in 2012 at the age of 63. Named in the suit are Valeant, which recently purchased the Shower to Shower brand from Johnson & Johnson, as well as Chattem, maker of ... Read More