Pa. Court Retains Jurisdiction of Asbestos Cosmetic Talc Case; Rejects Dismissal Efforts from Imerys Talc

PHILADELPHIA –– A Pennsylvania federal court has retained jurisdiction over an asbestos cosmetic talcum powder lawsuit, rejecting the plaintiff’s position that Wal-Mart is a Pennsylvania corporation for complete diversity purposes.

In the same Jan. 16 opinion, the U.S. District Court for the Eastern District of Pennsylvania denied Imerys Talc America’s motion to dismiss on jurisdiction grounds, concluding that registration to do business in the state is sufficient to create general personal jurisdiction.

Plaintiff Carrie Youse contended that she was diagnosed with papillary mesothelioma as a result of exposure to asbestos-containing products, including cosmetic talcum powder products.

The plaintiff …