Author Archives: Karen Saab-Dominguez

California Johnson & Johnson Talc Cancer Risk Verdict

By now, most readers know that recently, Johnson & Johnson (J&J) was ordered to pay $417 million to a woman from East Los Angeles who claimed that she developed terminal ovarian cancer from using J&J’s talc powder products. The verdict included $70 million in compensatory damages and $347 million in punitive damages. While this was the first such case to go to verdict against J&J in California — where hundreds of other similar cases are pending — this is not the first trial verdict nationally.…

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Lobbying is not Conspiracy

Plaintiffs often seek to demonize corporate defendants, and one way they try to do so is by asserting that defendants engaged in a “conspiracy.”  For a plaintiff in one of the many talc/ovarian cancer cases pending in California state court, that tactic was unsuccessful as she failed to convince the court that she could proceed with such a claim. The plaintiff, Eva Echevarria, sought to convince Los Angeles Superior Court Judge Maren E. Nelson that she had sufficient proof that defendants Johnson & Johnson and…

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Pharma Opioid Suits Casting a Wider Net

Under both federal and state law, it is unlawful to advertise if the advertisement tends to mislead or deceive. States have enacted consumer protection laws to enforce and regulate such deceptive practices. In New York, under General Business Law §349, deceptive acts or practices in the conduct of any business, trade, or commerce, or in the furnishing of any service in the state, is declared unlawful. Over the years, the Federal Trade Commission has prosecuted many businesses accused of engaging in false and deceptive advertising.…

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