N.J. Appellate Court: Asbestos Plaintiffs Can Challenge Summary Judgment Order in Light of Recently Disclosed Fertilizer Samples

NEWARK, N.J. –– A New Jersey appellate court has ruled that an asbestos plaintiff should have been allowed to challenge an order awarding summary judgment to Scotts Turf Builder in light of the defendant’s discovery of “vintage samples” of its fertilizer product.

In a Feb. 26 opinion, the New Jersey Superior Court, Appellate Division, found that the plaintiffs were not given the chance to test the samples and were denied that opportunity when the defendant failed to disclose the possession of the samples until after the case had resolved.

The appellate court stopped short of weighing in on the …