STORY FROM: Asbestos
N.Y. Court Remands Asbestos Cosmetic Talc Action, Says Plaintiffs Showed Possibility of Recovering Damages Against In-State Defendant
February 28, 2019
NEW YORK –– A New York federal court has remanded an asbestos cosmetic talc action, saying that the plaintiffs had sufficiently asserted allegations connecting the in-state defendant’s conduct to the plaintiff’s injuries, creating at least “some possibility” that plaintiffs could recover damages against the company.
In the Feb. 26 order, the U.S. District Court for the Southern District of New York noted that it is hard to establish fraudulent joinder and such a finding is only possible when the allegations in a pleading are “shown to be so clearly false and fictitious.”
Plaintiffs Laura Shanahan and Vincent Walsh filed the ...