Fordham Law Professor Benjamin Zipursky was quoted in Bloomberg Law about how Johnson and Johnson has persuaded a New Jersey judge to throw out two women’s lawsuits blaming the company’s talcum powder for their ovarian cancer.
“The question was whether the plaintiff was going to be able to prove that the baby powder caused the cancer, and the [New Jersey] judge said that they would not be able to prove it and, in fact, that the evidence was not even strong enough to send it to a jury,” Zipursky said.
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“Tort law, which is what this involves is something that precedes state by state. Even if it’s in federal court, it’s a state-based standard. So, it is entirely possible that it could stay this way. In other words, New Jersey could be unusual and refusing to permit this kind of case to go to trial.
“I think this will clearly be appealed and it’s not clear what New Jersey’s appellate courts will do with this issue.”
