GRSM New York Team Secures Three Consecutive Pre-Answer Dismissals for Cosmetic Manufacturer Client

In January 2025, the New York team secured the first pre-answer dismissal predicated on New York State’s three-year statute of limitations in personal injury actions, as detailed in an article by GRSM. Shortly thereafter, the team secured two more pre-answer dismissals on the same grounds, delivering another significant victory for GRSM’s client.

In each case, the plaintiff alleged exposure to various talcum powder products, including a body powder manufactured by a defendant with no relationship to GRSM’s client. The plaintiffs did not add the firm’s client to any of the actions until several years after filing the initial complaint, well after the statute of limitations had expired. In all three cases, the GRSM team was able to demonstrate that the statute of limitations had clearly expired, and furthermore, all claims must be dismissed pursuant to the equitable doctrine of laches. GRSM was also able to dismantle the plaintiff’s primary argument based on the relation-back doctrine and demonstrate, using historical documents, that GRSM’s client was not responsible for a product manufactured by any defendant who had been a party to the case from the inception of the lawsuit.

In all three cases, the court found that the plaintiff’s claims against the firm’s client were untimely and that neither exception to the statute of limitations—the doctrine of equitable estoppel nor the relation-back doctrine—saved the plaintiff’s claims, as the plaintiff failed to show any connection between the firm’s client and any of the defendants in the case. The court agreed with each of the arguments advanced by GRSM without the need for oral arguments.

The three decisions reinforce the importance of pre-answer fact investigation and the capabilities of GRSM’s Asbestos & Talc team in establishing strategic arguments to protect clients from untimely and unfounded claims.