Lawstreet Journal

Johnson & Johnson asks Supreme Court to review $2 Billion talcum powder verdict

Lawstreet Journal 4 Jun 2021 8:16pm

Image courtesy: Lawstreet Journal Business Johnson & Johnson asks Supreme Court to review $2 Billion talcum powder verdict

Johnson and Johnson have appealed to the Supreme Court to undo the $2 Billion verdict which was passed in favor of women who claimed they had developed ovarian cancer after using the company’s talcum powder. The Supreme Court said that the fate of the appeal would be decided only on Tuesday (June 2, 2021).

The dispute featured fierce legal firepower on both sides, with former acting Solicitor General, Neal Katyal arguing on behalf of the New Brunswick, New Jersey-based pharmaceutical maker, and Ken Starr, the former Whitewater prosecutor, representing women with ovarian cancer who sued the company.

When the matter came up for consideration on June 2, the Supreme Court rejected the appeal and announced through its order that it will not hear the case.

Johnson and Johnson, while citing past Supreme Court decisions, argued that the punitive damage awarded exceeds the actual damage by such a huge number so as to make it unconstitutional. The women contended that the company’s disregard for the health of its customers warranted the punitive damage award.

The company also pointed out that the trial judge at Missouri Court needed five hours to instruct the jury, and the panel deliberated less than 20 minutes on an average for each woman before awarding them identical awards regardless of their circumstances.

“If the due process clause means anything, it means that a defendant cannot be deprived of billions of dollars without a fair trial”, Johnson and Johnson argued.

Starr urged the judges not to review… Continue Reading...


Tagged: Johnson & Johnson  
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