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After Dismissal of J&J's Second Talc Bankruptcy, Plaintiffs Lawyers Call for Consolidated Trials

By Amanda Bronstad
September 01, 2023

With the dismissal of Johnson & Johnson's second talc bankruptcy, plaintiffs lawyers are doubling down on their plans to pursue trials across the country.

Lead attorneys in the talc multidistrict litigation, vowing to "proceed with alacrity," already have proposed a bellwether trial plan in an Aug. 11 letter to the judge. But unlike the original schedule outlined before the first talc bankruptcy in 2021, they want consolidated trials of two or more plaintiffs, a proposal that Johnson & Johnson's lawyers strongly opposed in a letter to U.S. District Judge Michael Shipp, who is overseeing the multidistrict litigation in the District of New Jersey.

"We feel like that's fair in light of the delay that's resulted from all the bankruptcies," said Beasley Allen's Leigh O'Dell, in Montgomery, Alabama, co-lead plaintiffs counsel in the talc multidistrict litigation. "We think circumstances have changed."

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