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Asbestos litigation bankrolled a generation of tort lawyers, and the trial bar now sees talcum powder claims as its next payday. What might stand in the way is the federal Third Circuit Court of Appeals, which last week heard argument on whether talc claims against J&J can be handled inside the bankruptcy code, rather than with jackpot lawsuits.
The talc litigation dates to 2013, as women began to say that baby powder had made them sick. By 2017 they were alleging that talc contaminated by asbestos had given them ovarian cancer and mesothelioma. The science didn’t back them up, but that didn’t stop a tsunami of some 40,000 personal injury claims against J&J and its subsidiaries.
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