Johnson & Johnson talcum powder case will stay in the U.S. District Court, Eastern District of Missouri

By Danielle Pacey | Sep 22, 2018

ST. LOUIS — The U.S. District Court, Eastern District of Missouri has decided that a case alleging Johnson & Johnson talcum powder products have been linked to ovarian cancer will not be moved to another court.

Johnson & Johnson recently filed a removal request on Aug. 31, arguing that many of the 64 plaintiffs are not residents of Missouri, including Lisa Hittler who is named for the class action suit.

In the notice of removal filed on Aug. 31, Johnson & Johnson asked the district court for the federal court to have jurisdiction.

Defendants Johnson & Johnson — as well as Imerys Talc America Inc., PTI Royston, LLC, and PTI Union, LLC — believe that the Judicial Panel on Multidistrict Litigation should coordinate all talcum powder cases pending in federal court.  

Several similar cases are pending at this time at the U.S. District Court for the District of New Jersey for all pre-trial hearings to be lumped together concerning the talcum powder cases.

Hittler believes that a stay would heavily prejudice the case and does not think it would be fair, so she asked the court for that case to be moved to the state court. 

Hittler also believes that if all pretrial hearings were together, there could be conflicting rulings, according to court documents.

However, the district court decided to stay to save judicial resources and to create more consistency in talcum powder pretrial hearings by grouping them together.

The court does not think Hittler will experience any prejudice by their decision and that the plaintiffs will still be able to present their side pending transfer to the Multi District Ligitation in federal court.

At least five other related talcum cases are pending a Judicial Panel on Multidistrict Litigation decision for the multidistrict litigation at this time.

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