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Talcum-Powder-New

A New Jersey appeals court has applied the state Supreme Court’s landmark 2018 Accutane ruling on admission of scientific evidence as the basis for reinstating two suits linking Johnson & Johnson’s talc products to ovarian cancer.

The appeals court ruling said the judge below erred by throwing out expert testimony on behalf of the plaintiffs based on his own opinions of their arguments’ merits, rather than on the scientific community’s views, as the Supreme Court held in the Accutane case.

The Appellate Division reinstated suits against Johnson & johnson and co-defendant Imerys Talc America by Brandi Carl and Diana Balderrama, whose cases were dismissed after their expert reports were excluded from evidence.

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Charles Toutant

Charles Toutant is a litigation writer for the New Jersey Law Journal.

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