N.Y. Judge Reverses Recommendation Allowing Asbestos-Containing Talc Case to be Included in In Extremis Docket

NEW YORK –– A New York judge has granted defense requests to vacate a recommendation allowing the inclusion of an asbestos-containing talc case in the city’s in extremis docket, saying the plaintiff has failed identify a defendant connected with the decedent’s alleged New York City exposure.

In addressing the dispute in a Feb. 2 order, Hon. Peter H. Moulton of the New York Supreme Court, New York County, noted that the issue is one of first impression: “whether a plaintiff is entitled to be placed in an in extremis cluster or must be transferred to a FIFO cluster where …