J&J’s Emergency Motion for Provisional Transfer Deemed Unwarranted, Denied United States District Court, D. Delaware, April 9, 2019
DELAWARE — Non-debtors Johnson & Johnson and Johnson & Johnson Consumer Inc. (J&J) filed an emergency motion for provisional transfer, seeking entry of an order directing provisional transfer of approximately 2,400 federal and state personal injury and wrongful death actions, pending the court’s decision on J&J’s motion to fix venue for claims. The motions relate to the chapter 11 cases of Imerys Talc America, Inc. and certain affiliates (debtors), which were filed on February 13, 2019.
The plaintiffs in the approximately 2,400 federal and state cases claim that exposure to talc – through products like Johnson’s baby powder – caused cancer, primarily mesothelioma or ovarian cancer. J&J alleges that debtors supplied cosmetic talc to J&J for use in some J&J products.
The court held that J&J failed to establish that provisional transfer is warranted in this case, and did not meet the criteria for establishing that immediate or ex parte relief was appropriate. Therefore, J&J’s motions were denied.
Read the case decision here.