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litigation 1073 articles

Imerys files for bankruptcy amid mounting talc litigation

Johnson & Johnson’s talc supplier, Imerys Talc America, has filed for Chapter 11 bankruptcy in an effort to protect itself against more than 14,600 lawsuits in the U.S. that claim its talc causes cancer. Imerys Talc Vermont and Imerys Talc Canada Inc., also filed for bankruptcy. All three are subsidiaries of Paris-based Imerys SA. The filing will enable the companies to establish a trust to fund current and future claims. All lawsuits against the company involving cancer claims will also be centralized under one judge. “After carefully evaluating all possible options, we determined pursuing Chapter 11 protection is the best ... Read More

First talc-related mesothelioma case to be tried in Philadelphia

The first trial alleging a talcum powder product was contaminated with cancer-causing asbestos and caused a woman’s fatal mesothelioma is scheduled to begin this week in Philadelphia County Court of Common Pleas. But instead of Johnson & Johnson in the hot seat, Colgate-Palmolive Co. will be defending the case. The trial involves the case of Sally Brandt, who was diagnosed with malignant mesothelioma in November 2015. She and her husband filed a lawsuit a month later alleging she was exposed to the carcinogenic mineral through years of using Colgate-Palmolive’s Cashmere Bouquet talcum powder. Brandt has since passed away. Brandt’s trial ... Read More

PG&E Files for Bankruptcy as Wildfire Liabilities Mount

Pacific Gas & Electric (PG&E) filed for Chapter 11 bankruptcy protection in anticipation of a tidal wave of litigation stemming from the Nov. 8 Camp Fire, which destroyed an entire town and killed 86 people. Bankruptcy court filings show that PG&E’s liabilities after the Camp Fire – the largest wildfire in the state’s history – have topped $50 billion while the utility’s assets are valued at about $71 billion, according to The Washington Post. The bankruptcy announcement has riled people throughout the state, including investors, government officials, and the general public. Likely to suffer most from the filing are the ... Read More

Bayer asks judge to split second Roundup bellwether into two phases

A California judge is considering splitting into two parts the second bellwether trial in a lawsuit blaming an ingredient in the weed killer Roundup for causing cancer, in the same fashion a different judge did for the first bellwether. The first phase would focus on whether the ingredient glyphosate caused the plaintiff’s cancer and, if so, the second phase proceeds to determine Bayer/Monsanto’s liability. Lawyers for Bayer AG’s unit Monsanto asked California Superior Court Judge Winifred Smith to split the trial in the case of Alva and Alberta Pilliod, a husband and wife who allege each of them developed non-Hodgkin ... Read More

Three Dead After Ohio Medical Helicopter Crash

Three air medical crew members heading out to pick up a patient for transport on Tuesday were killed when their Bell 407 air ambulance helicopter crashed in a rural area of Ohio. The Survival Flight Inc., crew included pilot Jennifer Topper, 34; nurse Bradley Haynes, 48; and nurse Rachel Cunningham, 33. The helicopter crashed in a heavily wooded area of Zaleski, near the Lake Hope State Park. The crash occurred after the historic two-month government shutdown ended and both the National Transportation Safety Board (NTSB) and the Federal Aviation Administration (FAA) are investigating the crash. During the shutdown, the agencies ... Read More

J&J argues talc litigation should be tried one plaintiff at a time

It’s been six months since Johnson & Johnson was hit with a staggering $4.69 billion verdict in a case brought by 22 women who alleged the company’s talcum powder products contained cancer-causing asbestos that contributed to their ovarian cancer diagnosis, but the sting has yet to fade. Earlier this month, the consumer health care giant urged the Missouri Supreme Court to force St. Louis Circuit Court Judge Rex Burlison to unbundle a similar trial involving 13 women with ovarian cancer, saying it was unfair not to try the cases one plaintiff at a time. The state’s high court agreed to ... Read More

Town hall meeting to warn factory workers about benzene exposure risks

A woman whose father died after years of being exposed to the carcinogenic chemical benzene is calling a town meeting in Kokomo, Indiana, in hopes of connecting with factory workers who may have become ill to help them should they wish to take legal action. “It’s always been my goal to help the retirees, the workers that are there,” said Sherry Roe, whose father, Glenn Dukes, worked for Delco Electronics for 28 years. In 2009, he was diagnosed with a rare blood cancer called acute myeloid leukemia (AML), and died two months later. His death certificate listed AML and “history ... Read More

Johnson & Johnson will pay for $4.69 billion talc verdict one way or the other

Last July, Johnson & Johnson was hit with a staggering $4.69 billion verdict – one of the largest jury awards in the country – over claims that its Johnson’s Baby Powder and other talcum powder products contain asbestos – a known carcinogen – and contributed to the ovarian cancer diagnoses of 22 women. The news sent the company’s stock into its biggest annual share loss in a decade. But the company may never pay a dime of that verdict. The consumer health care giant is appealing the massive verdict. Its chances of seeing the award slashed or even stricken completely ... Read More

Monsanto tries to skirt bellwether trials in Roundup MDL

A scant six weeks before the first bellwether case goes to trial alleging Monsanto failed to warn consumers that its weed killer Roundup contains an ingredient that has been linked to cancer, the company told the California federal judge overseeing the multidistrict litigation (MDL) that consumers’ failure to warn claims are preempted by federal insecticide law. Citing the Federal Insecticide, Fungicide, and Rodenticide Act, attorneys for Monsanto filed a motion for summary judgement claiming that the company cannot change its labeling or the formulation of its weed killer without approval from the Environmental Protection Agency (EPA). Monsanto’s attorneys further argued ... Read More

First Roundup trial in MDL will be split into two phases

The first three bellwether trials in a multidistrict litigation in the U.S. District Court for the Northern District of California blaming an ingredient in the weed killer Roundup for causing cancer will be split into two phases. The first phase of the trials will focus on whether the ingredient glyphosate caused the plaintiffs’ cancer and, if so, the second phase will proceed to determine Bayer’s liability. The order was handed down by U.S. District Judge Vince Chhabria, granting a request by Bayer to separate the issues in the case of Edwin Hardeman. The order will apply to Hardeman’s bellwether trial, ... Read More