3rd Circuit Reinstates Fraud, Fraudulent Concealment Claims in Case Accusing BASF of Destroying Asbestos Evidence

NEW YORK –– The U.S. Court of Appeals for the 3rd Circuit has reinstated fraud and fraudulent concealment claims asserted against BASF Catalysts and a law firm accused of hiding evidence that BASF’s predecessor hid or destroyed evidence that its talc products contained asbestos.

In a precedential opinion issued Sept. 3, the 3rd Circuit did, however, uphold a federal court’s finding that a RICO claim asserted against the defendants was barred.

The underlying class action argued that BASF Catalysts LLC and Cahill Gordon & Reindel worked together to prevent a number of asbestos claimants from receiving “fair tort recoveries” for …