N.Y. Judge Denies Talc Plaintiff’s Request for Spoliation Charge Against Colgate-Palmolive

NEW YORK — A New York trial judge has denied plaintiffs’ request to charge Colgate-Palmolive with spoliation for a long-time employee’s failure to keep testing notes and other materials that might show whether or not its Cashmere Bouquet talcum powder was contaminated with asbestos.

New York County Supreme Court Justice Martin Shulman denied the request by plaintiffs in three coordinated talc cases in a bench ruling after a hearing May 23.

Justice Shulman added, however, that plaintiffs could renew their motion for a spoliation charge during or after trial, and were free to argue to jurors that they draw …