In March of this year, Susan and Brian Soares filed a mesothelioma lawsuit against 44 defendants who they accused of negligently exposing her to asbestos in their talc products. Among the named defendants were two Johnson & Johnson subsidiaries – LLT and Old Holdco. Johnson and Johnson and its subsidiaries filed a motion to substitute two other subsidiaries due to corporate restructuring. The Rhode Island judge hearing the case denied the request.
Mesothelioma Victim Accuses Johnson & Johnson of Bad Faith
In their mesothelioma lawsuit, the Soares blame Johnson & Johnson’s subsidiaries for her mesothelioma diagnosis. Johnson & Johnson and its subsidiaries filed a motion asking that its talc liabilities be assigned to Pecos River Talc LLC and Johnson and Johnson Holdco Inc. as part of a corporate restructuring process and, therefore, are the proper parties to this action.
In response, the mesothelioma victim and her husband argued that the companies that they named in their original claim should be held liable for their claims and that the corporate restructuring was performed in bad faith to stifle the talc litigation that Johnson & Johnson is facing. They asserted that plaintiffs are entitled to decide who the proper entities are for them to sue.
Judge Agrees that Mesothelioma Victim Has Right to Name Defendants
In reviewing the case, Judge P.J. Gibney of the Superior Court of Rhode Island sided with the mesothelioma victim, noting that they are “the master of their complaint.” The judge further stated that Johnson & Johnson’s argument had not referenced which rule of the Superior Court Rules of Civil Procedures they were filing their motion for substitution under but that the purpose of Rule 25(c) is “to ensure that the conduct of litigation, or a judgment in favor of a plaintiff, are not defeated by a transfer away from the original defendant.”
The judge further pointed out that in a previous court decision, the court had emphasized that point, saying, “The purpose is not to allow a defendant to extricate itself from litigation by insisting that another party is more properly sued.” The mesothelioma victim will be able to continue her case against the parties she originally named.
If you or someone you love has been diagnosed with mesothelioma, you need the guidance of people with experience in dealing with asbestos companies. The Patient Advocates at Mesothelioma.net can help. Contact us today at 1-800-692-8608 to learn more.
