N.Y. Court Awards Summary Judgment to WCD on Cosmetic Talc Claims, Allows Talc-Related Joint Compound Claims to Proceed

NEW YORK –– A New York state court has rejected efforts by Whittaker, Clark & Daniels to obtain summary judgment on claims relating to its alleged sale of talc to Kaiser Gypsum for incorporation into the latter’s joint compound product, finding that the conflicting testimonial evidence raised credibility issues not to be decided at the summary judgment stage.

In the July 26 order, the New York Supreme Court for New York County did, however, award summary judgment to WCD on claims related to its sale of talc to Colgate-Palmolive for incorporation into its Cashmere Bouquet talcum powder product, noting that …