Howard Erichson was quoted in a Law.com article about talcum powder litigation.
Johnson & Johnson appeared to turn the tide in the talcum powder litigation this year—with a big boost from the U.S. Supreme Court.
Johnson & Johnson was hit with a trio of double-digit verdicts out of Missouri in 2016, and now faces lawsuits by more than 5,000 women alleging its iconic baby powder and Shower to Shower products caused them to get ovarian cancer. But a new legal team out of Proskauer Rose’s Los Angeles office scored the first defense win earlier this year—then got a record $417 million verdict in California thrown out. And Johnson & Johnson got a big boost in June with the U.S. Supreme Court’s ruling in Bristol-Myers Squibb v. Superior Court of California, which prompted a mistrial, reversal of a $72 million verdict and a halt to the Missouri trials.
“So far, the story of the talc litigation has mostly been about two things—the science and the choice of forum,” said Howard Erichson, a professor at Fordham University School of Law.