Weil served as lead trial counsel for Johnson & Johnson in the mass tort talc litigation brought in New Jersey state court. After a four-week trial, Weil secured a complete defense jury verdict in October 2018. The plaintiff alleged that J&J’s baby powder contains asbestos and causes cancer. This lawsuit is one of many similar cases currently pending in courts around the United States, in which plaintiffs allege that the use of talcum powder caused lung cancer or ovarian cancer, but this is the first defense verdict for J&J in a talc case in New Jersey courts. The American Lawyer awarded Weil lead trial partners Diane Sullivan and Allison Brown “Litigator of the Week” honors for securing the verdict. Law360 also highlighted the win as a landmark victory of 2018. CVN showcased the win as the most impressive defense verdict of the year.
Weil subsequently served as co-lead trial counsel for Johnson & Johnson in a similar case in New Jersey state court alleging that exposure to asbestos in J&J’s baby powder contributed to him developing cancer. Following four weeks of trial, in March 2019, the jury returned a unanimous, 6-0 verdict after deliberating for less than 25 minutes. As a result of the victory, Weil was named a “Legal Lion” by Law360. The American Lawyer also recognized Allison Brown as “Litigator of the Week” for her role in obtaining the victory.
Following closely on the heels of this victory, in May 2019 Weil served as lead trial counsel in a separate lawsuit in the mass tort talc litigation in South Carolina state court alleging that exposure to asbestos in J&J’s baby powder contributed to the plaintiff developing a rare form of cancer. Following one week of trial, the jury returned a unanimous, 12-0 verdict in favor of J&J on every question.
Weil serves as lead counsel for Avantor Performance Materials Inc., a privately held maker of high-performance chemistries, in a series of recently filed “Thalidomide cases” involving allegations plaintiffs suffered birth defects after their mothers took the morning sickness drug in the late 1950s and early 1960s.
We also represent UHG and Ingenix in two MDLs involving claims by putative class members in health benefit plans insured or administered by Aetna and Wellpoint.
- In In re Aetna, MDL 2020 (D.N.J.), plaintiffs claim that UHG and Ingenix conspired with Aetna to under-reimburse Aetna health plan members for OON services using the Ingenix databases.
- In In re Wellpoint, MDL 2074 (C.D. Cal.), plaintiffs claim that UHG and Ingenix conspired with WellPoint to under-reimburse WellPoint health plan members for OON services using the Ingenix databases. We obtained a dismissal of all claims against UHG and Ingenix.
Finally, we represented UnitedHealth Group and Ingenix in a purported class action by members of Cigna health plans (Nelson v. Cigna, consolidated with Franco v. Cigna). Like In re Aetna and In re WellPoint, this case involves claims that UHG and Ingenix conspired with Cigna to under-reimburse Cigna health plan members for OON services using the Ingenix databases. We obtained the dismissal of the federal claims and most of the state claims brought against UHG and Ingenix in September 2011 on a motion to dismiss. We thereafter obtained the dismissal of the remaining state claims in January 2012 on a motion for judgment on the pleadings