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. The plaintiff alleged that J&J’s baby powder contains asbestos and causes mesothelioma. 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 mesothelioma 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 one of the landmark victories of 2018.
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