• Kirk Hartley

Before issuing an award, jury asks: “Can we punish the defendants by requiring them to place a

Yesterday’s punitive damages verdict against J&J arrived after interesting questions from the jury to the court. One wonders how J&J will account for the questions on a going forward basis. As reported by LAW360, the questions were as set out below:

“Law360, Los Angeles (May 24, 2018, 1:09 PM EDT) — A California jury found Thursday that Johnson & Johnson should pay $4 million in punitive damages a day after finding that asbestos in its talc baby powder was responsible for a woman’s mesothelioma and awarding the woman $21.7 million in compensatory damages. *** The jury began deliberations on Thursday morning posing questions to the court, asking if any punitive damages would go to Anderson and whether they could circumvent monetary punitive damages and instead punish the defendants by requiring them to place a warning label on their products.

The court responded that yes, any punitive damages would go to Anderson, and no, the jury could not order a warning label.”

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About Kirk

Since becoming a lawyer in 1983, Kirk’s over 30 years of practice have focused on advising a wide range of corporations, associations, and individuals (as both plaintiffs and defendants) on both tort and commercial law issues centered around “mass torts.”


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