STORY FROM: Asbestos
N.Y. Court Declines to Dismiss Cosmetic Talcum Powder Case on Forum Grounds
April 28, 2020
NEW YORK –– A New York court has denied efforts to dismiss an asbestos cosmetic talcum powder case on forum grounds, concluding that the plaintiffs had demonstrated that there is a lack of alternative forum in which the plaintiffs to pursue their mesothelioma claims.
In a March 25 decision, the New York Supreme Court for New York County opined that the “defendants’ argument that they would be unable to obtain discovery on Mrs. Fletcher’s asbestos exposure is unpersuasive.”
“They have the resources to obtain the discovery,” the court concluded.
Plaintiff Hannah Louis Fletcher asserted the claims, contending that she ...