Outcome of Instant Matter Would Not Impact Non-Party Talc Supplier’s Pending Bankruptcy Estate, Remand Ordered United States District Court, W.D. Pennsylvania, May 30, 2019
PENNSYLVANIA – The defendant Johnson & Johnson (J&J), in a topic that has been extensively covered by the Asbestos Case Tracker, indicated in its notice of removal that this case is one of many in the United States which involve claims concerning personal injuries and deaths allegedly caused by J&J’s cosmetic talc. J&J’s motion further indicates that the “sole supplier” of the talc which the defendant used in its product, filed for bankruptcy under Chapter 11.
The plaintiffs’ complaint is similar to those filed by many others. J&J “would like to consolidate the instant matter with the claims brought by ‘thousands of plaintiffs across the country who allege similar personal injury and wrongful death claims.”
The court stated that “this matter in controversy here does not lead this court to conclude that the outcome of the instant matter would have an effect on the Imerys bankruptcy estate… The outcome of the instant case will not bind Imerys or its affiliates, and because Imerys is not a party here, therefore, res judiciata and collateral estoppel will not apply to bind Imerys.” The court concurred with the plaintiffs’ argument and remanded the matter to the Court of Common Pleas of Allegheny County, Pennsylvania.