Summary Judgment for Talcum Powder Manufacturer in NYCAL Mesothelioma Case
October 10, 2019 (New York, NY) – Hawkins Parnell & Young won summary judgment in a New York City Asbestos Litigation (NYCAL) case on behalf of a national manufacturer and distributor of cosmetic talcum powder. HPY's client was represented by Al Sargente, Joe Connelly, Gordon Billheimer, Jr., and Alexandra Cantamessa.
Plaintiffs claimed their decedent, Michelle Germain, came into contact with talc products through her husband, Eddie Germain, who worked in barbershops starting in the 1970s. Plaintiffs alleged Ms. Germain was exposed to asbestos from talcum powder which resulted in her diagnosis of mesothelioma. HPY filed a motion for summary judgment, arguing that HPY's client is not liable for the talcum powder products due to an asset purchase agreement which did not attach liabilities for the buyer. The Court agreed with the defense, determining that HPY’s client did not hold the pre-asset purchase agreement liabilities for talcum powder, and that there was no evidence that Ms. Germain was exposed to asbestos from any talcum powder manufactured or sold after the asset purchase agreement. The Court found no evidence that Ms. Germain was exposed to asbestos from talcum powder for which HPY’s client was liable, dismissing all of the plaintiffs’ claims.
Germain, et al. v. American International Industries, et al., No. 190049/2017 (N.Y. Sup. Ct., New York Cty.)