Missouri Appellate Court Denies Reconsideration of $2.11 Billion Talc-Ovarian Cancer Ruling

The Missouri Court of Appeals has denied an effort by Johnson & Johnson’s legal counsel to seek a rehearing of the court’s recent opinion that upheld $2.11 billion in punitive and compensatory damages against the company and its affiliate.  The court also denied J&J’s efforts to transfer the ruling to the Missouri Supreme Court.

“Their motion and their application were largely a repeat of what they said when they first argued the case, so it’s not surprising that the court would not grant those motions,” said The Lanier Law Firm’s Kevin Parker, in an interview with Law360.

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Issued in late June, the appellate court found that J&J engaged in “reprehensible conduct” by manufacturing and selling asbestos-containing talcum powder products over the course of many decades.  While reducing the $4.69 billion in damages awarded by the trial court jury, and disallowing damages to two of the 22 plaintiffs on jurisdictional grounds, the court stated that The Lanier Law Firm trial team “proved with convincing clarity that Defendants engaged in outrageous conduct because of an evil motive or reckless indifference.”

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