A federal judge has ruled that a major Ross Feller Casey lawsuit alleging talc-based products caused ovarian cancer for a deceased Pennsylvania resident can be heard in Pennsylvania.
At issue was whether a company registered to do business in Pennsylvania can be sued here even if it is based elsewhere and has no other business ties to the state.
Imerys Talc America, the company that mined and supplied talc to Johnson & Johnson for use in its talcum powder-based products, had argued that it was not subject to jurisdiction in Pennsylvania, based in part on a 2014 U.S. Supreme Court decision in Daimler AG v. Bauman.
However, U.S. District Judge Mark Kearney determined that the case in question – Bors v. Johnson & Johnson – can be heard by a federal court in the Commonwealth. He based his ruling on a 25-year-old decision from the Third Circuit U.S. Court of Appeals, as well as state statutes governing corporate registration.
Bors v. Johnson & Johnson is one of many lawsuits being litigated by Ross Feller Casey alleging that the use of powders containing talcum have caused ovarian cancer.
Ross Feller Casey’s Brian J. McCormick, Jr. is one of the team representing the plaintiff in the case.
"I think the Pennsylvania statute is very clear that if a foreign corporation registered in the commonwealth it is subject to jurisdiction in Pennsylvania courts,” he told The Legal Intelligencer after the ruling.