Johnson & Johnson's baby powder. Photo: Mike Mozart/Flickr With Talc Bankruptcy Out, How Soon Could Trials Against Johnson & Johnson Restart?
Plaintiffs lawyers prepped for talc trials soon after Monday's decision by the Third Circuit dismissing the J&J bankruptcy, but they might have to wait a bit longer.
February 01, 2023 at 02:01 PM
5 minute read
What You Need to Know
- Trials could be delayed given Johnson & Johnson's petitions before the Third Circuit and, possibly, the U.S. Supreme Court.
- U.S. Bankruptcy Chief Judge Michael Kaplan has scheduled a Feb. 6 status conference in New Jersey.
- Complicating matters is that U.S. District Judge Freda Wolfson, who was assigned to the talc multidistrict litigation in 2016, retired on Tuesday.
A federal appeals court's decision to dismiss Johnson & Johnson's talc bankruptcy sets the stage for trials to restart, but it won't be right away.
Johnson & Johnson immediately said it would seek a rehearing en banc from the U.S. Court of Appeals for the Third Circuit, which found on Monday that its LTL Management subsidiary wasn't in financial distress when filing for Chapter 11 protection in 2021. Johnson & Johnson's move could delay possible trials, say lawyers involved in the talc cases.
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