Johnson & Johnson's lawyers went on the attack Wednesday in the first California trial over talcum powder, even moving for a mistrial in the middle of opening statements.

“If ever a case existed for a mistrial,” said defense attorney Bart Williams, “this is it.” Minutes earlier, Williams had objected numerous times to plaintiff's attorney Allen Smith's remarks during his opening statement.

Los Angeles Superior Court Judge Maren Nelson declined to grant the motion “at this point” but admonished Smith, of The Smith Law Firm in Ridgeland, Mississippi, that he might have given the jury the wrong impression on the California standard for negligent failure to warn, one of two causes of action in the case.