J&J Fights ERISA Suit Over Asbestos In Talcum Powder

Law360 (July 31, 2020, 7:18 PM EDT) -- Johnson & Johnson has urged a New Jersey federal judge to toss a fresh version of a proposed class action accusing it of violating the Employee Retirement Income Security Act by steering workers' retirement savings into its own stock despite knowing the company's talcum powder products contained asbestos.

In a motion to dismiss on Thursday, J&J argued that the three named plaintiffs have again failed to allege what other actions the retirement plan's fiduciaries could have taken to avoid losses that would not have done more harm than good. Therefore, the case must go, J&J said.

"The amended complaint does not...

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