J&J Faces Denial On Talc Lawsuit Transfer Request To Del.

J&J Faces Denial On Talc Lawsuit Transfer Request To Del.

Introduction

On July 19, Johnson & Johnson’s request to transfer 2,400 Talc lawsuits to a district court in Delaware was denied by federal Judge Maryellen Noreika thereby sending the cases back to state courts stating the company failed to prove that the case was "related to" its talc supplier's bankruptcy case.

The lawsuits against J&J allege that the baby powder contains asbestos which caused ovarian and other cancers. J&J asked to transfer the lawsuits to Delaware after its talc supplier Imerys Inc., facing lawsuits of its own, sought Chapter 11 protection in Delaware earlier this year.

Judge Noreika ruled that Delaware federal court does not have authority over the lawsuits against the company as J&J’s talc supplier, Imerys Talc, filed for bankruptcy in the court of Delaware. The judge also stated that the claims could be heard in a better way by the state court judges handling the cases than in Delaware court, where thousands of cases would have to be heard and different state laws would have to be applied to each.

Recently, the U.S. Department of Justice charged the pharmaceutical giant J&J with a criminal probe, stating that the company knew about problems with asbestos in talcum powder products, as well as its health risk to consumers, yet failed to provide any warning.

So far, mixed results have been delivered by state courts on lawsuits against J&J. Talc defendants currently face nearly 14,000 Talcum Powder and Shower-to-Shower lawsuits, consolidated under multidistrict litigation (MDL No. 2738; In Re: Johnson & Johnson Talcum Powder Products Marketing, Sales Practices, and Products Liability Litigation), in the District of New Jersey. The MDL is presided by Hon. Freda L. Wolfson, U.S.D.J., and Hon. Lois H. Goodman, U.S.M.J.