J&J Talc Case Begins in California
Last week, California state court hosted the first ovarian talc trial in state court outside of St. Louis, Missouri. In the case, plaintiff Eva Echeverria’s claims she developed ovarian cancer as a result of using J&J products like Johnson’s Baby Powder and Shower to Shower while living in the state.
Her residency is key since a series of jurisdictional rulings have put the cases in Missouri on hold.
Recently, SCOTUS in an 8-1 ruling rejected on jurisdictional grounds a California-based action against Bristol-Myers Squibb, which manufacturers the blood thinner Plavix. Bristol-Myers Squibb is incorporated in Delaware and headquartered in New York. The Squibb ruling prompted 22nd Circuit Judge Rex Burlison on Monday to declare a mistrial in the Swann v. Johnson & Johnson case in Missouri.
“In the Squibb case brought in California, even the presence of a Squibb research facility there wasn’t enough for the Supreme Court to show that the state court had jurisdiction,” said Michael Wolff, Professor, Saint Louis University Law School.
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