NY Court Denies A Talc Supplier's Summary Judgment Motion

NY Court Denies A Talc Supplier's Summary Judgment Motion

Introduction

In an order issued on October 5, 2018, the New York Supreme Court for the New York County denied a summary judgment motion to Whittaker, Clark & Daniel in a talcum powder lawsuit related to hazards of asbestos exposure.

The Supreme Court judge asserted that the plaintiffs submitted sufficient evidence to support the claims over inadequate warning about cancer effects of asbestos-laden talcum powder. The order stated proof of shipment from the defendant to a cosmetic talcum powder company is enough to hold the talc supplier liable in the case. The judge further clarified, "the facts provided by the plaintiff raise genuine triable issues of fact requiring that the motion is denied.”

Talcum powder manufacturers are facing hundreds of product liability cases across the nation over allegations that asbestos presence in talcum powder cause mesothelioma and ovarian cancer. The defendant companies are Johnson & Johnson, Colgate-Palmolive, Imerys Talc North America, Vanderbilt Minerals.