J&J May Have Just Received Lifeline Out Of St. Louis Talc Tort Morass
This article was originally published in The Rose Sheet
A judge in the Missouri state court where J&J has suffered a series of hefty losses declared a mistrial June 19 in the latest talc-cancer case to be heard by jurors. The decision came two days after a US Supreme Court decision that also could trigger reversals of costly J&J verdicts currently under appeal.
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J&J’s appeal of largest verdict yet in complaints challenging safety of talc in its Johnson’s Baby Powder and Shower to Shower Shimmer products failed, but a Missouri court cut its damages by more than half. Missouri appellate panel says the firm should pay $500m compensatory and $1.62bn punitive damages.
The numerous out-of-state plaintiffs waiting to take on J&J in Missouri over alleged talc harm may be able to litigate their cases after all, despite a recent US Supreme Court decision against plaintiff venue shopping. A Missouri circuit court judge has found grounds for jurisdiction in J&J's use of a Missouri-based manufacturing and packaging firm.
What has seemed an endless queue of plaintiffs waiting to litigate claims against J&J in Missouri for alleged talc harm may begin thinning out following a June mistrial and now the reversal of an earlier $72m verdict against the company, both due to jurisdictional issues dictated by a recent Supreme Court ruling.