This week the United States Judicial Panel on Multidistrict Litigation (“JPML”) issued separate rulings to centralize the ongoing federal litigation involving the weed killer Roundup and Johnson & Johnson (“J&J”) talcum powder.
The JPML is a special body within the United States federal court system with the authority to determine whether civil actions pending in two or more federal judicial districts should be transferred to a single federal court judge for pretrial, discovery proceedings. The general purpose of this centralization is to conserve resources by avoiding duplication of discovery and inconsistent pretrial rulings.
Roundup® is a widely used glyphosate-based herbicide product manufactured by Monsanto Corporation. Plaintiffs have filed thirty-seven actions in twenty-one separate federal judicial districts alleging the weed killer causes non-Hodgkin’s lymphoma and that Monsanto failed to warn consumers and regulators about this risk. More than 10 separate law firms represent the pool of plaintiffs in these actions.
On October 3, 2016, the JPML ruled that centralization of these actions in the Northern District of California in San Francisco would “serve the convenience of the parties and witnesses and promote the just and efficient conduct of this litigation.” In its analysis, the JPML found one overriding common issue among all the cases—whether glyphosate causes non-Hodgkin’s lymphoma in persons exposed to it while using Roundup. Judge Chhabria was selected as the presiding judge; it is his first time presiding over an MDL.
A separate order, issued on October 4, 2016, consolidated cases pending against J&J in several jurisdictions into one MDL in New Jersey. Talcum powder, a popular choice among women who regularly use the product for feminine hygiene, is manufactured by J&J. The powder is made from talc, a mineral composed mainly of the elements magnesium, silicon, and oxygen.
Plaintiffs have filed 54 federal actions against J&J in more than 20 judicial districts alleging they developed ovarian or uterine cancer following perineal application of the talcum powder products (namely, the J&J Baby Powder and/or Shower to Shower body powder). There are also numerous state court actions pending in Missouri, New Jersey, and elsewhere.
The JPML ruled to centralize the federal litigation in the U.S. District Court of New Jersey in Trenton. It reasoned that the district is “a convenient and accessible forum,” located in “close proximity” to the state court actions, and because J&J is headquartered in New Jersey, represented a venue where the most “relevant evidence and witnesses” could be found.
The Court concluded that the central common theme to the litigation is whether perineal use of the talcum powder can cause ovarian or uterine cancer, and the extent to which J&J knew or should have known of this risk. Interestingly, the JPML pointed out that among all of the federal actions, all but three were filed within the past six months and are still in the infancy of discovery. The cases will be assigned to Judge Freda L. Wolfson.
Harford, P.C., is currently investigating claims related to injuries from Roundup and J&J talcum powder products. If you or someone you know has been injured by these products, please call us today at (212) 390-8983 for a fee consultation.
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