Mesothelioma Victim’s Case Against Johnson & Johnson Can Remain in New York Courts
When Ann Greenberg was diagnosed with malignant mesothelioma, her search for a cause for her disease led her to asbestos-contaminated Johnson & Johnson talcum powder products. Further investigation led to the products’ manufacturer, Kolmar Laboratories, Inc., so she filed suit against both: Kolmar first, and then Johnson & Johnson the next day. The iconic manufacturer responded to her suit by accusing her of using a fraudulent legal strategy to keep the case against them out of federal court.
Johnson & Johnson’s Legal Motion Aims at Keeping Mesothelioma Claim in Federal Court
Because both Kolmar Laboratories and Ms. Greenberg are based in New York, her mesothelioma lawsuit was filed in the U. S. District Court for Southern New York. Johnson & Johnson asserted three different reasons that they claimed made it inappropriate for her to have included Kolmar in her suit, and accused her of naming them to avoid having the case heard in federal court. This accusation of false joinder was rejected by the judge hearing the case.
Johnson & Johnson had asked U.S. District Judge John P. Cronan to review Ms. Greenberg’s claim, asserting that the mesothelioma victim’s inclusion of Kolmar included date discrepancies between her use of the product and the date when Kolmar began manufacturing their product. They also argued that there was no proof that the talcum powder that she had used had been manufactured by Kolmar and that as a “mere manufacturer,” the company was immune from liability.
Judge Rejects Accusations of Joinder Against Mesothelioma Victim
Though Johnson & Johnson argued that the mesothelioma victim had included Kolmar in her claim for the sole reason of having the case heard in New York courts, Judge Cronan denied their assertion. He pointed to revisions she had made in the time frame during which she said she had used the product which eliminated some of Johnson & Johnson’s argument, and also noted that the company had done nothing to disprove the possibility of her having used versions of their powder manufactured by the company.
As to Johnson & Johnson’s argument that Kolmar could not be held liable for a mesothelioma claim because it was a “mere manufacturer,” the judge said that because the company had been a member of the Cosmetic, Toiletry, and Fragrance Association at the time, the organization’s knowledge of the dangers of asbestos would waive their immunity from liability.
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