Gordon Rees Scully Mansukhani Of Counsel Lee Henig-Elona successfully obtained a complete dismissal for a cosmetic talc supplier client in a case before Justice James P. McClusky, who oversees the Fifth Judicial District Asbestos Litigation docket in New York.
The plaintiff alleged that the cosmetic talc supplier, which had sold talc to a multinational cosmetics manufacturer, was responsible for the decedent's exposure to asbestos. However, the plaintiff did not demonstrate that the face powder used by the decedent contained talc specifically supplied by the firm's client.
The plaintiff's arguments aimed to establish liability by presenting various implicatory points, including the cosmetics manufacturer's purchase of Italian talc from the supplier, the presence of "accessory minerals" like "amphiboles of the tremolite-actinolite series" in the Italian talc deposit, and laboratory tests allegedly finding asbestos in Italian talc from the Val Chisone mine. Additionally, the plaintiff cited findings of anthophyllite in the personal protection air filters of the Italian mine workers.
Despite the plaintiff's arguments, Justice McClusky focused on the crucial point: the absence of a direct link between talc sold by the firm's client and the face powder used by the decedent.
This dismissal serves as a powerful testament to the importance of challenging alleged causation. The court's straightforward approach underscores the significance of understanding the complete history of the allegedly defective product.
Learn more about GRSM's Environmental/Toxic Tort Asbestos practice group.