Skip to content
Menu
Mesothelioma Lawyer CenterSponsored by Attorney Paul Danziger

Call to learn about getting your best possible financial compensation

800-793-4540
  • Legal Options
    • Pleural Mesothelioma Lawyer
    • Peritoneal Mesothelioma Lawyer
    • Mesothelioma Legal Advice
    • Mesothelioma Law Firms
    • Mesothelioma Claims
    • Mesothelioma Lawsuits
    • Class Action Mesothelioma Lawsuit
    • Mesothelioma Compensation
    • Asbestos Trust Funds
    • Mesothelioma Settlements
    • Mesothelioma Verdicts
    • Asbestos Lawyers
    • Mesothelioma Wrongful Death
    • Mesothelioma Personal Injury
    • Determining Case Value
    • Trust a Mesothelioma Commercial?
    • Mesothelioma Case Rejected?
    • Lawyers by State
    • Mesothelioma Lawyers in Canada
  • Mesothelioma
    • Mesothelioma Treatment Guide
      • Top Mesothelioma Doctors
      • Top Mesothelioma Cancer Centers
      • Surgery
      • Chemotherapy
      • Radiation Therapy
      • Multimodal Therapy
      • Alternative Treatments
      • Mesothelioma Treatment Costs
    • Mesothelioma Symptoms
    • Mesothelioma Diagnosis
      • Mesothelioma Prognosis
      • Mesothelioma Life Expectancy
      • Mesothelioma Remission
      • Mesothelioma Support
    • Mesothelioma Causes
    • Mesothelioma Types
      • Pleural Mesothelioma
      • Peritoneal Mesothelioma
      • Pericardial Mesothelioma
    • Mesothelioma Stages
      • Stage 1
      • Stage 2
      • Stage 3
      • Stage 4
    • Frequently Asked Questions
    • Mesothelioma Statistics
    • Mesothelioma and Talcum Powder
      • Talcum Powder Lawsuits
    • Mesothelioma and Women
    • Mesothelioma Misconceptions
    • Mental Health
  • Veterans
    • Veteran Claims
    • Navy
      • Ships and Asbestos
      • Shipyards and Asbestos
    • Air Force
    • Army
    • Coast Guard
    • Marines
    • Frequently Asked Questions
  • Asbestos
    • Asbestos Cancer
    • Asbestos Diseases
      • COPD
      • Interstitial Lung Disease
      • Lung Cancer
      • Pleural Effusion
    • Asbestosis
    • Asbestos Exposure
    • Asbestos Manufacturers
    • At Risk Jobs
    • Asbestos Industry Cover-ups
    • Asbestos Laws
  • Settlements We’ve Won
  • Who We Help
  • Reviews of Our Services
  • About Us
Home / Blog / New York Judge Denies Avon’s Motion to Move Mesothelioma Case to Wisconsin

New York Judge Denies Avon’s Motion to Move Mesothelioma Case to Wisconsin

Published on August 07, 2020
Paul DanzigerPage Reviewed and Edited by Mesothelioma Attorney Paul Danziger

A mesothelioma lawsuit surrounding a Wisconsin man who died of malignant mesothelioma will be heard in the New York court systems despite the objections of Avon Products, the defendant. Though the company attempted to have the case moved, the family of Scott M. Dohse made a compelling argument for why it made more sense for the claim to be heard in New York’s Asbestos Litigation courts, and Judge Manuel J. Mendez agreed.

Avon Talc Powder Products Blamed for Man’s Mesothelioma Death

According to evidence submitted in the case, Scott Dohse was diagnosed with malignant mesothelioma in 2015 after lifelong exposure to Avon’s talc-based products. His mother had been an Avon representative throughout his childhood, and both she and his sister used several of the company’s products. His sister even remembered having chased him around the house with powder, and as Mr. Dohse got older, he too used Avon’s products. 

Mr. Dohse died a few short months after his mesothelioma diagnosis, and his family filed a negligence claim against the cosmetic manufacturer, blaming them for having exposed him to the asbestos that caused his illness and subsequent death. In response, Avon filed a motion to have the Court dismiss the complaint on the grounds of forum non conveniens, which is a legal term that translates to asking the court to acknowledge that another court is more appropriate and to send the case to Wisconsin, where Mr. Dohse was treated for his disease and where the witnesses reside.

Court Sides with Mesothelioma Victim’s Family

In response to Avon’s motion, Mr. Dohse’s family justified their decision to file their mesothelioma lawsuit in New York. They cited the fact that the company’s corporate headquarters are in New York and that their witnesses had already been deposed or could be deposed in New York. They also pointed out that the specific talc powders cited in the case could have been manufactured in New York and that Avon has a research and development lab located in Suffern, New York. Finally, they pointed to actions taken by Avon to counter negative publicity about asbestos in their products, including publishing ads in the New York Times in New York City.

After careful consideration, Judge Manuel Mendez agreed with Mr. Dohse’s family, writing that “the balance of factors weighing in defendant’s favor is not strong enough to overcome its heavy burden on a motion to dismiss for forum non conveniens and to overturn the plaintiffs’ choice of forum.” The case will continue in New York.

Free Financial Compensation Packet

    Financial Compensation Packet
  • Info on law firms that will recover your highest compensation
  • Learn how to get paid in 90 days
  • File for your share of $30 billion in trust funds
Send My Free Packet >

FREE Financial Compensation Packet

  • Info on law firms that will recover your highest compensation
  • Learn how to get paid in 90 days
  • File for your share of $30 billion in trust funds
Send My Free Packet >
Financial Compensation Packet
Calculate Your Case Value >
Paul Danziger

Page Reviewed and Edited by Mesothelioma Attorney Paul Danziger

Paul Danziger grew up in Houston, Texas and earned a law degree from Northwestern University School of Law in Chicago. For over 25 years years he has focused on representing mesothelioma cancer victims and others hurt by asbestos exposure. Paul and his law firm have represented thousands of people diagnosed with mesothelioma, asbestosis, and lung cancer, recovering significant compensation for injured clients. Every client is extremely important to Paul and he will take every call from clients who want to speak with him. Paul and his law firm handle mesothelioma cases throughout the United States.

Full bio and contact info

Navigation
  • Home
  • Legal Options
  • Mesothelioma
  • Veterans
  • Asbestos
  • Settlements We’ve Won
  • Who We Help
  • Reviews of Our Services
  • About Us
  • Blog
Contact Information
Office Address:
1225 North Loop West Houston, Texas 77008

Handling mesothelioma cases nationwide

Call to learn about getting your best possible financial compensation

800-793-4540

Follow Us
MesotheliomaLawyerCenter.Org BBB Business Review
Sponsor: Paul Danziger, Attorney

The information provided by MesotheliomaLawyerCenter.org is not a substitute for professional medical advice, diagnosis, or treatment.

  • Disclaimer
  • Privacy Policy
  • Editorial Standards
  • Contact Us
©2023 | MesotheliomaLawyerCenter.org