Aug 8, 2023
Majed Nachawati provides updates on the Talc litigation (MDL 2738), specifically focusing on the recent dismissal of J&J's second bankruptcy filing by Judge Kaplan. He believes that Johnson & Johnson will likely appeal this decision, but it's uncertain if the U.S. Supreme Court will accept the appeal. Despite his disagreement with the two-step bankruptcy tactic, Nachawati acknowledges that it has tied up litigation for years and influenced their decision to engage in negotiations with Johnson & Johnson for a settlement. He also emphasizes the importance of legislation to prevent solvent companies from using bankruptcy protections inappropriately.
Moving on to the Roundup litigation (Bayer Glyphosate (Roundup) MDL 2741), Nachawati explains that there have been multiple trials in state courts, with around 50,000 to 60,000 unresolved claimants. The litigation continues with ongoing negotiations between law firms and Monsanto for a fair resolution.
The discussion briefly touches on common benefit fees, where Nachawati expresses concerns about their rising percentages and advocates for more reasonable and fair compensation for law firms involved in mass tort cases.
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