New Jersey Talc Verdicts Overturned On Appeal For Daubert-Less Expert Opinions

A New Jersey appeals court recently overturned talc verdicts totaling $117 million in damages against Johnson & Johnson Consumer Inc. (JJCI) and Imerys Talc America, Inc. (Imerys) after finding expert testimony was Daubert-less, thus improper and warranted new trials.
The Case
On December 23, 2016, Plaintiffs Stephen Lanzo III and his wife filed a complaint against multiple defendants, including JJCI and Imerys, claiming that Mr. Lanzo was exposed to asbestos and contracted mesothelioma from his long-term use […]

By | August 1st, 2021 ||

Evolution Of The Sixth Circuit Approach To §1292(b) Petitions For Interlocutory Appeals

In our previous post, we discussed the difficulties of succeeding with a Section 1292(b) petition in both the district court in the circuit court.  We also noted that while the Sixth Circuit’s rate of acceptance of orders already certified by district courts has been higher than average for federal circuit courts.  We then reviewed decision from the past few years, and found that the Sixth Circuit has recently been accepting for appeal about 90% […]

By | July 26th, 2021 ||

Appellate Court Clarifies Impact Of Covid-19 Tolling Orders

On March 20, 2020, Governor Cuomo signed an executive order tolling most time limits under New York law in light of the COVID-19 pandemic (the “Tolling Order”), for a period that was subsequently extended in a series of further executive orders through November 3, 2020.  We addressed the Governor’s initial order in a prior publication, and we here provide a summary and update with respect to the impact of those orders according to a recent decision […]

By | July 16th, 2021 ||