On July 19, 2024, Judge John Porto of the New Jersey Superior Court ruled that J&J had not provided “any credible basis” for its claims that Beasley Allen’s Andy Birchfield had formed an unethical alliance with one of the company’s former lawyers.
On the same day, Judge Rukhsanah Singh, working on similar cases in a federal court in New Jersey, asked Johnson & Johnson to explain why she shouldn’t adopt Judge Porto’s order in the federal MDL..
Background on the Bid to Disqualify
J&J has consistently denied plaintiffs’ claims that its talc products contain cancer-causing asbestos, asserting their safety.
In December, J&J filed motions to disqualify Beasley Allen from representing plaintiffs who allege they developed cancer from the company’s talc products.
J&J accused Andy Birchfield of not acting ethically because he worked with James Conlan, who used to be a partner at the law firm- Faegre Drinker Biddle & Reath.
Conlan had previously worked on the talc litigation for J&J before leaving legal practice in 2022. However, Judge Porto found no evidence to support J&J’s allegations.
The Road Ahead
“It’s gratifying that the state court found that as individuals, and on behalf of our firm, we can continue to seek justice for the thousands of women and families whose lives have been devastated by J&J’s talc-based powders. The abuse and manipulation of our judicial system by the company and the personal attacks J&J has pursued continue to be exposed as bullying tactics designed to intimidate and silence other lawyers, scientists, organizations, consultants, and members of the news media who have sought and exposed the truth. The deceit and denials by J&J will not deter us from seeking fair and equitable compensation for those victims,” says Andy Birchfield.
J&J is still asking for votes to agree to its bankruptcy plan, which needs a ‘yes’ from 75% of the people involved. The voting deadline is set for July 26, 2024. Despite two previous failed attempts to shed its liability in bankruptcy, J&J continues to try and take advantage of the system.
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