A U.S. federal judge has denied American company Johnson & Johnson’s request to move 2400 talc cases to federal court in Delaware.
A Portion of Responsibility
U.S. District Judge Maryellen Noreika from Wilmington, Delaware was the judge who denied the request stating that the company is partly to blame for the amount of cases and trying to create the sense of an emergency situation according to an article by Bloomberg News.
Hiding Behind Imerys Talc
She went on to say that Johnson & Johnson cannot use Imerys Talc filing for Chapter 11 bankruptcy as a sign of an emergency situation (read more about that here). She also noted that Johnson & Johnson have not shown any signs of financial trouble.
Ms. Noreika must now decide whether to accept the cases within her own district. Other federal judges in California and New Jersey will decide soon whether to keep their own talc cases at the federal level or bring them back to state court.
Diagnosed with Ovarian Cancer?
If you or a loved one has been diagnosed with Ovarian Cancer or Mesothelioma as a result of using Johnson & Johnson baby powder or other talc based product contact our office at (303) 327-9988 to schedule a free consultation and speak with one of our experienced attorneys. Please also visit our practice area page on Mesothelioma and Talcum Powder here for more information.