N.Y. Court Dismisses Punitive Damage Claim Against Domco, Rejects Defendant’s Causation Challenges

NEW YORK –– A New York trial court has dismissed a claim for punitive damages asserted against Domco Products of Texas Inc. in an asbestos case, saying that the plaintiffs’ failure to put the company on notice that it would be pursuing such damages was “unfair” and a “violation of the defendant’s due process rights.”

In an Aug. 1 order, the New York Supreme Court for New York County did, however, reject Domco’s efforts to toss the asbestos-related claims on causation grounds, concluding that “a defendant cannot obtain summary judgment simply by ‘pointing to gaps in plaintiffs’ proof.’”

“Defendant’s attempt …