CMBG³ Achieves Full Voluntary Dismissal in New York Talc Appeal

(New York, NY) – A New York City plaintiff has dismissed CMBG³’s client with prejudice, shortly after oral argument of its appeal before the Appellate Division, First Department.

The plaintiff alleged that CMBG³’s client manufactured a dangerous product, claiming that industrial talc it added was contaminated with asbestos. The plaintiff further alleged her family member developed peritoneal mesothelioma from that asbestos and sought tens of millions of dollars in damages.

CMBG³ moved for summary judgment before the trial court, arguing that geological science and state-of-the-art industrial hygiene testing proved the product was asbestos-free. CMBG³ also argued that the fact witness testimony as to the product was entirely speculative. The trial court denied the motion and CMBG³ appealed.

 At oral argument of the appeal, led by CMBG³ Partner Alex Green, the five appellate justices expressed skepticism of the plaintiff’s factual allegations and legal arguments. They raised questions as to the alleged exposure and whether the plaintiff’s expert opinions complied with the court’s prior holdings. The next day, the plaintiff offered CMBG³’s client a full dismissal with prejudice.

CMBG³ has argued dozens of appeals before New York appellate courts, including the Appellate Term, Appellate Division, and the state’s highest court: the Court of Appeals. To learn more about how CMBG³ can assist with your New York appeal, please contact Alex Green at agreen@cmbg3.com.