At the end of 2023, CMBG3 proceeded to trial for a manufacturing client in an industrial talc contamination case in the New York City Asbestos Litigation (“NYCAL”). Four weeks into the trial against one of the strongest plaintiff-side trial teams in the country, the parties were able to resolve the case. Four defendants were present at the outset of the trial, and CMBG3’s client was the last remaining defendant.
The plaintiffs alleged that their family member developed peritoneal mesothelioma from exposure to asbestos that was a contaminant of the talc used in CMBG3’s client’s product.
Led by trial veteran Brendan Gaughan, CMBG3 successfully defeated the plaintiffs’ motions in limine that directly targeted its client’s expert witnesses and evidence. Attorney Gaughan revealed severe flaws in the plaintiffs’ claims of contamination with effective, science-based cross-examinations of their various expert witnesses.
The plaintiffs’ expert witnesses included geologist Mark Bailey, research scientist Dr. James Webber, microscopist Dr. Steven Compton, historian Dr. David Rosner, environmental consultant Dr. Barry Castleman, thoracic surgeon Dr. Mark Ginsburg, occupational medicine specialist Dr. Kenneth Spaeth, environmental health specialist Dr. Arnold Brody, and certified industrial hygienist Kenneth Garza.
The CMBG3 trial team included Shareholder Brendan Gaughan, Senior Counsel Alexander Green, and Trial Paralegal Tori Holtman, with support from Shareholder Bryna Misiura and Associate Marissa Steiner. The case was tried before the Honorable David B. Cohen of the New York County Supreme Court.