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News

Civil Litigation

Nov. 4, 2020

Talc case against Johnson & Johnson ends in mistrial after plaintiff dies

The trial, which had started last week and was due to be the first talc trial to be tried virtually, ended in a mistrial the day before, Superior Court Judge Stephen D. Kaus informed the jury.

An Alameda County trial against Johnson & Johnson alleging its talc products caused a man to get mesothelioma ended in a mistrial when the plaintiff died Tuesday.

The trial, which had started last week and was due to be the first talc trial to be tried virtually, ended in a mistrial the day before, Superior Court Judge Stephen D. Kaus informed the jury.

Joseph D. Satterley, an Oakland-based partner with Kazan McClain Satterley Lyons Greenwood, said in an email that his client, Louis Reyes, died.

Satterley added he would file a new wrongful death lawsuit on behalf of Reyes' wife and two young daughters.

The trial started last week with opening statements by Satterley and defense attorneys representing Johnson & Johnson and other corporate defendants. Reyes v. Johnson & Johnson et al., RG20052391 (Alameda Co. Sup. Ct, filed Jan. 29, 2020).

A number of trials have taken place around the country over allegations against Johnson & Johnson alleging its talc products cause cancer. Verdicts have gone both ways.

Alameda County judges have pushed forward with civil trials in cases, like Reyes', where the plaintiff is quite ill. Defense attorneys have raised a host of objections to holding trials via Zoom, although two asbestos trials have reached verdicts.

The attorneys representing the defendants included Allison M. Brown of Skadden Arps Slate Meagher & Flom LLP and Morton D. Dubin II, a partner with King & Spalding LLP.

-- Craig Anderson

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Craig Anderson

Daily Journal Staff Writer
craig_anderson@dailyjournal.com

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