Appellate Team Earns Litigator of the Week Honors for Blockbuster Win for J&J

July.22.2022

Congratulations to partners Josh Rosenkranz, Bob Loeb and Naomi Scotten for being recognized as American Lawyer “Litigators of the Week” for a major appellate win in talc litigation for Johnson & Johnson.

Earlier this week, a New York appeals court reversed a $120 million judgment in the first case to go to trial in the state involving a plaintiff’s claims that J&J’s baby powder products contain cancer-causing asbestos. The decision was the first to agree with our arguments that there is insufficient proof to support a connection between the company’s talc products and cancer.

The decision is the second time in the past year and a half that our appellate team has secured a major reversal in the J&J talc litigation. A New Jersey appeals court reversed a $117 million judgment last year in a case also recognized in a Litigators of the Week feature.

In this Q & A, Josh, Bob and Naomi outlined the importance of the win in New York for the hundreds of cases pending across the country and how our team also collaborated with trial counsel to reduce the original 2019 $325 million jury verdict to $120 million in posttrial motions.

“The collaborative model is a key to the success of our mass tort appeals – and any high-stakes appeal,” Bob told the publication. “We work right alongside trial counsel to maximize issue preservation and minimize any award, dividing our labors across the whole docket depending upon the stakes of the case and its potential impact on the full range of cases.”

Added Naomi: “The win in New York was a true home run – a flat out reversal without the chance for retrial.”

This marks Orrick’s seventh time this year being recognized in the Litigators of the Week feature, including two other times receiving top honors for our litigation wins for Credit Suisse and Sonos.