Plaintiffs Urge Rejection of Defense's Jury 'Prejudice' Claim in Motion Over $417M Talc Verdict
Plaintiffs lawyers have moved to strike the declarations of two jurors that Johnson & Johnson is relying on to challenge a record $417 million talcum powder verdict, then proceeded to submit the declarations of two other jurors who had different takes on what happened in the deliberations room.
September 26, 2017 at 02:55 PM
4 minute read
Plaintiffs lawyers have moved to strike the declarations of two jurors that Johnson & Johnson is relying on to challenge a record $417 million talcum powder verdict, then proceeded to submit the declarations of two other jurors who had different takes on what happened in the deliberation room.
In a Sept. 15 motion, Johnson & Johnson claimed that “jury misconduct” in the deliberations room and “irregularities in the proceedings” justified granting a new trial in a case brought by Eva Echeverria, who alleged her use of talcum powder caused her to be diagnosed with ovarian cancer in 2007 and that Johnson & Johnson failed to warn about known health risks. The motion included the declarations of two of the three jurors who sided with Johnson & Johnson on last month's 9-3 verdict, including the foreman, both of whom described a tense deliberations process in which the three holdouts were cut out of the discussion on damages.
On Monday, plaintiffs lawyers moved to strike those declarations, claiming they were impermissible evidence and hearsay under California's evidence code, case law and the Judicial Council's “California Judges Benchbook for Civil Procedure After Trial.”
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