N.Y. Court Denies Whittaker, Clark & Daniels’ Efforts to Obtain Summary Judgment on Product ID Grounds

NEW YORK –– Whittaker, Clark & Daniels’ efforts to obtain summary judgment in an asbestos cosmetic talcum powder lawsuit have been denied by a New York trial court, which determined that issues of fact remained as to the decedent’s exposure to asbestos-contaminated talc sold the defendant.

In the Jan. 10 order, the New York Supreme Court for New York County also found that the plaintiffs had raised issues of fact on their claim for punitive damages.

The plaintiffs asserted the claims on behalf of Michelle Germain, contending that her epithelial mesothelioma was caused by exposure to asbestos-containing talcum powder products. …