J&J Backs Motion to Dismiss ERISA Lawsuit, Says It Couldn’t Have Made Corrective Disclosures in Fiduciary Capacity

TRENTON, N.J. –– Johnson & Johnson has backed its motion to dismiss an Employee Retirement Incomes Security Act lawsuit arising out of the company’s handling of alleged asbestos content in talcum powder products, stating that the court has already rejected the plaintiffs’ arguments.

In a reply brief filed Oct. 13 in the U.S. District Court for the District of New Jersey, Johnson & Johnson backed its efforts to toss the suit, maintaining that the plaintiffs’ response “makes no attempt to explain how Defendants could have made a corrective disclosure in their fiduciary capacity.”

“Nor could they,” the defendant continued, “because …