Other counsel OK’d for 86 former Girardi Keese clients in talc cases

Another law firm can step in as counsel for 86 of Girardi Keese's former clients in litigation against talcum powder maker Johnson & Johnson, a judge ruled this week.

Elissa D. Miller of SulmeyerKupetz, who is handling the firm's Chapter 7 bankruptcy, submitted the motion in April, asking U.S. Bankruptcy Judge Barry Russell to allow Robinson Calcagnie Inc. to represent some of Girardi's clients in the Johnson & Johnson litigation.

According to court documents, Girardi represented 178 plaintiffs against Johnson & Johnson in claims that the company's talcum powder causes ovarian cancer before creditors forced him into bankruptcy.

"Robinson Calcagnie Inc. [RC] is currently representing hundreds of plaintiffs in the talc litigation, and RC wishes to substitute in as counsel for 86 of the debtor's clients," Miller's motion stated. "RC is experienced in individual and class action lawsuits and has the requisite expertise and resources."

With Russell granting the motion on Tuesday, Girardi's estate will collect 20% of any contingency fees earned, plus costs, stemming from the litigation.

Miller told the judge that the agreement was in the clients' best interest, given that Robinson Calcagnie has other talc cases. In re: Girardi Keese, 20-BK21022 (C.D. Bankruptcy Ct., filed Dec. 18, 2020).

"Ultimately, if the clients opt for the proposed representation, they will be represented by counsel that is already knowledgeable about the case and is experienced and qualified," her motion states.