On June 1, 2021, the Supreme Court of the U.S. denied the talc appeal brought by the cosmetic manufacturer Johnson & Johnson. The cosmetic conglomerate appealed on the grounds that they did not receive a fair trial because of the number of cases combined from multiple states.
Seven of the nine Supreme Court justices denied the talc appeal which Johnson & Johnson claimed was necessary to address what they saw as due-process abuses present in mass-tort lawsuits. Two justices, Justices Brett Kavanaugh and Samuel Alito, excused themselves from weighing in on the lawsuit.
Justice Kavanaugh excused himself because his father worked for an industry lobbying group connected to Johnson & Johnson. Justice Alito excused himself because he held stock in Johnson & Johnson. Due to these potential conflicts of interest, neither judge weighed in on the talc appeal directly.
Johnson & Johnson’s talc appeal centered not on the core argument that their talcum powder caused cancer, but on the fairness of consolidating 22 women from 12 states in one state. With this denial, Johnson & Johnson are left to reevaluate their options to fight the impending $2.1 billion verdict against them.
If you have been harmed by talcum powder and would like to seek damages, you may want to file a mass tort claim. In order to pursue these claims, you will need an experienced mass torts attorney. A mass torts attorney can ensure that your case is correctly filed and can advocate for your case among the sea of plaintiffs, choosing the best path forward and rejecting unjust settlement agreements.
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