J&J's 2,400 Talcum Lawsuits Transfer Request Dismissed

J&J's 2,400 Talcum Lawsuits Transfer Request Dismissed

Introduction

On May 09, 2019, U.S. District Judge Maryellen Noreika in Wilmington dismissed J&J’s request to transfer 2,400 Talcum lawsuits to a federal court in Delaware. J&J had argued for the transfer last month. J&J wants to appeal for legal rights of its bankrupt talc supplier, Imerys Talc America Inc., to converge the baby powder suits before Noreika in hopes of quicker resolutions of claims that the talc-based product causes cancer.

According to the judge, J&J neither filed for bankruptcy nor established its financial distress. J&J had made the request under the legal procedure that allows personal injury tort and wrongful death claims to be transferred to the district court in the district where the bankruptcy case was filed.

J&J has been facing 14,000 talcum powder lawsuits, each raising a common allegation that asbestos exposure from the company’s talc-based products causes ovarian cancer or mesothelioma. Hon. Freda L. Wolfson, U.S.D.J./ Hon. Lois H. Goodman, U.S.M.J. overlooks J&J's talcum powder 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.