In this edition of Critical Mass with Law.com’s Amanda Bronstad, we dive into two seismic developments in mass tort litigation: the long-awaited launch of bellwether trials in California’s Johnson & Johnson talc cancer cases and the ongoing saga of disgraced attorney Tom Girardi’s plea for release from prison. These stories highlight the relentless push for accountability in product liability suits and the personal toll on legal figures entangled in fraud scandals. As trials loom and appeals unfold, the stakes couldn’t be higher for plaintiffs, defendants, and the broader legal ecosystem.
J&J Talc Litigation Heats Up: California’s Bellwether Trials Set to Begin in November
Johnson & Johnson’s protracted battle over its talc-based baby powder products—allegedly linked to ovarian cancer due to asbestos contamination—enters a critical phase with the scheduling of bellwether trials in California state court. The first trial, slated for November 2025 in Los Angeles Superior Court, consolidates the cases of two women who claim decades of talc use led to their ovarian cancer diagnoses.
Judge Theresa Traber of the Judicial Council Coordinated Proceedings (JCCP) has selected six cases for trial in pairs, starting with plaintiffs Kent and Schultz. These women allege daily talc application for feminine hygiene over 30+ years, mirroring claims in over 66,000 federal multidistrict litigation (MDL) cases nationwide. The four-week trial will test J&J’s defenses, including arguments that talc is safe and causation is unproven, against plaintiffs’ evidence of internal documents showing early asbestos awareness.
This California push follows J&J’s failed bankruptcy maneuvers, including a rejected $10 billion Texas Two-Step settlement in early 2025. While J&J touts wins in 16 of 17 prior ovarian cancer trials, massive losses—like a $4.7 billion Missouri verdict (reduced to $2.1 billion)—have pressured negotiations. The California outcomes could foreshadow 2026 trials in Pennsylvania, New Jersey, and the first federal MDL bellwether, potentially influencing settlements for thousands.
Defending the case is Philadelphia-based Kirkland & Ellis partner Christopher F. Graham, who steps in for this high-profile opener. Plaintiffs’ counsel, including firms like Beasley Allen, anticipate verdicts that could exceed $100 million per case, given past awards like the 2017 $417 million Eva Echeverria judgment.
Why It Matters: A Harbinger for Mass Torts
These bellwethers aren’t just tests—they’re pressure cookers for resolution. With FDA rules mandating stricter asbestos testing in talc cosmetics finalized in 2025, J&J faces mounting regulatory scrutiny. For victims, often low-income women of color disproportionately affected, success here could unlock compensation amid J&J’s $700 million state marketing settlement.
Tom Girardi’s Latest Plea: Judge Mulls Bond Release for Convicted Fraudster
In a dramatic twist to one of California’s most notorious legal scandals, a federal judge is deliberating whether to free Tom Girardi—the once-celebrated plaintiffs’ attorney behind massive verdicts like the Erin Brockovich case—pending his appeal. Girardi, 86, has been incarcerated at the Metropolitan Detention Center in Los Angeles since July 17, 2025, following an 87-month sentence for wire fraud.
At a September 11, 2025, hearing before U.S. District Judge David O. Carter in the Central District of California, Girardi’s attorney argued for bond, citing his advanced age, health issues (including late-stage Alzheimer’s), and “debatable” appeal grounds like competency rulings and evidence admissibility. Prosecutors countered that Girardi’s embezzlement of $15 million+ from clients—many catastrophically injured, like Indonesian plane crash victims—poses ongoing risks, despite his conservatorship.
Girardi’s conviction stemmed from a scheme where he and ex-CFO Chris Kamon siphoned client funds for personal luxuries, including private jets and wine collections, while sending “lulling” letters to delay payouts. He was ordered to pay $2.3 million in restitution and a $35,000 fine. Chicago charges were dropped in May 2025, focusing his fight on the California appeal.
Judge Carter pushed back on the “debatable” threshold, questioning if mere arguments suffice under Ninth Circuit standards for release during appeal. A decision is pending, but Girardi’s team emphasizes his non-flight risk and the appeal’s potential for reversal or resentencing.
The Human Cost: Victims Still Seeking Justice
Girardi’s fall—from Hollywood elite to inmate—has left clients devastated. Families of the Lion Air crash victims, owed millions, watched funds vanish into his lifestyle. His ex-wife, Erika Jayne, faced related lawsuits, though some settled. This case underscores ethical lapses in contingency fee practices, prompting bar associations to tighten oversight.
Expert Takes: What Lawyers Are Saying
On the J&J front, mass tort veteran Mark Lanier predicts bellwethers will force J&J’s hand: “After billions in verdicts, denial isn’t sustainable—settlements could hit $10 billion if juries side with plaintiffs.” For Girardi, ethics professor Deborah Rhode notes, “Release debates highlight tensions between punishment and compassion, but victims’ restitution must come first.”
Public reactions on legal forums like Above the Law buzz with schadenfreude for Girardi and sympathy for talc victims, amplifying calls for corporate accountability.
Impact on U.S. Litigants, Economy, and Legal Trends
These developments ripple through American jurisprudence. J&J’s talc saga, with 90,000+ claims, could cost billions, affecting healthcare costs for ovarian cancer (over $300 million annually) and pressuring pharma giants on product safety. Girardi’s case erodes trust in plaintiffs’ bar, potentially slowing class actions and impacting the $40 billion U.S. tort economy.
For everyday readers, it spotlights consumer risks in everyday products and the fragility of legal ethics—urging vigilance in hiring counsel and demanding transparency from corporations.
Wrapping Up: Trials, Tribulations, and Turning Points
As California’s J&J bellwether looms and Girardi’s fate hangs in judicial balance, Critical Mass reminds us: Mass torts aren’t just headlines—they’re battles for justice reshaping lives and laws. Stay tuned for verdict updates and appeal outcomes. What do you think—will J&J settle before November, or is Girardi’s release a bridge too far? Share your views below.
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