Defendants’ Talc Suit Summary Judgment Motion Denied

Defendants’ Talc Suit Summary Judgment Motion Denied

Introduction

In an order submitted on December 10, the New York Supreme Court rejected Colgate-Palmolive's motion for summary judgment in a Cashmere Bouquet talcum powder lawsuit with the conclusion that the issue still remained whether the plaintiff's use of the talcum powder led to her mesothelioma. The order stated summary judgment could not be granted “when there is any doubt” on causation.

The plaintiff claimed in her lawsuit that she developed mesothelioma as she was in contact with Colgate-Palmolive Co.’s cosmetic talc product from 1968 through 1985. She filed suit against Imerys Talc America, Inc. and Cyprus Amax Minerals Companies blaming them for her illness. In their motion for summary judgment, the defendants, Imerys and Cyprus asserted that they both are Delaware corporations and were not involved in mining, manufacturing, research, development, designing, or testing of the talcum powder in the state hence, they cannot be held liable in New York for the damages caused to the plaintiff. The Supreme Court denied their motion considering that both companies actively sold and shipped talc to Colgate-Palmolive in New York for nearly six years hence the case must proceed to trial.

Mesothelioma affected plaintiffs have filed asbestos exposure lawsuits in several state and county courts. Individuals working in factories and mines where asbestos products are used often fall prey to the deadly form of cancer.