A growing New Jersey trend may help plaintiffs injured by drugs and devices move their cases forward. In 2015, cancer plaintiffs and defendants requested a multicounty litigation (MCL) designation. Why? More and more MCLs are opting to file lawsuits in the state that the defendant resides in. And while the reasoning behind it is complicated, it may allow plaintiffs to have their cases heard against Johnson & Johnson faster.
Why Is New Jersey Multi-County Litigation a New Trend?
Federal judges may approve a multidistrict litigation (MDL) when plaintiffs in dozens of federal courts share common issues. These cases transfer from one court (known as the transferor) to another, called the transferee. These two courts take care of all of the pretrial proceedings and discovery. If a judge doesn’t settle or dismiss the tranferee case in court or dismissed, it transfers back to the original jurisdiction for trial.
This process can be lengthy and trying for plaintiffs. But when a defendant’s headquarters are located in the same state as the court, then general jurisdiction takes over. And according to Bloomberg Law, “General jurisdiction allows any suit to be filed against the defendant in that court, regardless where the act complained of occurred.”
This may be the reason more and more cases against Johnson & Johnson now seek centralization in New Jersey.
Why Cases Against Johnson & Johnson Seek New Jersey MCL Status
New Jersey is home to major players in the pharmaceuticals and medical device industries, including J&J and Sanofi. The emerging trend shows that confronting these big pharma companies in their home state is a viable option for mass tort firms across the country. The Abilify MCL proves that, as well as the pending Taxotere MCL application. Plaintiffs filing talcum powder cancer cases against J&J may soon join them.
Multi-county litigations (MCLs) involve cases from the same state. This contrasts with Multidistrict litigations (MDLs) involve multiple cases pending in different districts (and states). They must share one or more common questions of fact. This essentially creates a mini-MDL, which consolidates multiple personal injury claims at the state level. They must all involve a single product, and share commonality of factual and legal issues.
Which Johnson & Johnson Cases Qualify to Join the New Jersey MCL?
Thousands of women developed ovarian cancer after using talcum powder products. Because so many share similar allegations, they are opting to join a New Jersey MCL to consolidate their cases. They hope their cases will go to trial faster because they share a home state with the defendant, Johnson & Johnson. It also means plaintiffs won’t have to relocate for the trial, thus saving time and money.
Because the MCL has not gone to trial, injured parties are still welcome to join. If you or a loved one have been injured by talcum powder products, you may qualify for a cash settlement.
How Talc Cancer Victims May Qualify for Compensation
If you or a loved one developed cancer after years of regular talcum powder use, you may qualify for compensation. In fact, you can answer just three questions online to confirm your claim’s eligibility. Complete your free talcum powder claim review form online today. Once you confirm your claim’s eligibility, an experienced lawyer in your area will call to discuss your case. This free, no-obligation phone call is the first step in getting the justice and compensation you deserve from the manufacturer. More importantly, holding Johnson & Johnson liable for failing to warn consumers about talc’s link to cancer may protect others going forward.
Mandy Voisin is a freelance writer, blogger, and author of Girls of the Ocean and Star of Deliverance. As an accomplished content marketing consultant, mom of four and doctor's wife, Mandy has written hundreds of articles about dangerous drugs and medical devices, medical issues that impact disabled Americans, veterans' healthcare and workers' compensation issues since 2016.