HPY Secures Dismissal of National Retailer in Cosmetic Talc Litigation
VENTURA, February 5, 2019 – Michael Giaquinto of Hawkins Parnell & Young, LLP obtained a dismissal before trial for a drug store retailer involved in cosmetic talcum powder litigation. Plaintiffs alleged HPY’s client, a national retail drug store chain, sold cosmetic talcum powders containing asbestos. A witness at deposition identified purchasing the products at one of the retailer’s locations in Northern California in the 1960s and 1970s, which ultimately the decedent used.
HPY uncovered property records, which showed the retailer never owned or leased any space at the address where the witness claimed to have purchased the talcum powder products. Through the property records and Securities Exchange Commission documents, HPY was able to piece together and account for the store's complete occupancy history for 60 years to prove that the retailer never had operations in that location. This was in direct contradiction to the only witness who provided identification testimony at deposition. The retailer was one of three remaining defendants in the case prior to the beginning of trial.