Monday, July 10, 2023

Expert witnesses as Lanham Act defendants

Via an eagle-eyed correspondent: J&J’s bankrupt subsidiary LTL is suing the expert witnesses for the mesothelioma victims in the underlying tort litigation for injurious falsehood, fraud, and Lanham Act violations for disparaging J&J’s Baby Powder as causing mesothelioma. They allege that the experts' published articles were part of a commercial advertising scheme to get hired as expert witnesses, which is ... not super consistent with existing caselaw. Suing experts, a very normal thing to do. Too bad there’s no federal anti-SLAPP law.

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