New York Court Rejects Dismissal of Talc Claims, Finds Sufficient Evidence to Raise Question of Warning Sufficiency

NEW YORK –– A New York court has rejected efforts by two defendants named in an asbestos talc case to obtain dismissal of the claims, finding that the plaintiff had “provided evidentiary facts tending to show that defendant’s warnings were deficient [in any way].”

As such, the New York Supreme Court for New York County said in the Aug. 22 ruling, the adequacy of these warnings were “a factual question that should be resolved by a jury.”

Donald Durham Company moved to dismiss the underlying case, arguing that the plaintiff had failed to establish causation; Vanderbilt Minerals LLC cross-moved to …