STORY FROM: Asbestos

N.Y. Court Tosses Express Warranty Claim in Asbestos Cosmetic Talc Case; Allows Other Claims to Proceed

NEW YORK –– A New York trial court has dismissed a claim for breach of warranty in an asbestos cosmetic talcum powder case against Johnson & Johnson, noting that the plaintiffs have not claimed that they relied on warranties or statements of fact made by the defendants.

In the Nov. 19 order, the New York Supreme Court for New York County concluded that the defendants have “correctly argue that plaintiff has not shown justifiable reliance on any representations.”

The court did allow the claim for implied warranty, however, to proceed, finding that there was an issue of fact as to ...

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