Author Archives: Scott J. McDowell

Talcum powder on black background

Talc Defendant Found to Have Consented to Personal Jurisdiction in Denial of its Motion to Dismiss

Nancy Bors, as administrator of the Estate of Maureen Milliken, brought this action against Imerys Talc America Inc. and Johnson and Johnson for claims in negligence for their “design, development, manufacture, testing, packaging, promoting, marketing, distribution, labeling, and/or sale of Johnson and Johnson baby powder” Milliken allegedly developed and died from ovarian cancer. Imerys moved to dismiss and argued that the court lacked jurisdiction or in the alternative for failure to state a claim. Specific to its argument, Imerys took the position that it had…

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Does a Recent Vermont Supreme Court’s Affirmation of Trial Court’s Dismissal of State’s Claims Against Groundwater Defendants Based on Limitations Really Mean Additional Claims?

Potential groundwater contamination defendants may want to watch for additional claims after a recent Vermont Supreme Court decision affirming the dismissal of claims against groundwater defendants based on limitations. This case involved alleged contamination of Vermont’s groundwater. The plaintiff was the State of Vermont and the defendants included at least 27 energy companies. After years of alleged contamination as a result of Methyl tertiary butyl ether (MTBE) leaking into groundwater, the State of Vermont brought claims based on public nuisance, private nuisance, trespass, negligence, strict…

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