N.Y. Court Adopts Recommendation to Deny CVS Challenges to Asbestos-Talc Suit as Moot After Plaintiffs Agree to Dismissal

BUFFALO, N.Y. –– A New York federal court has adopted a report and recommendation denying motions from CVS Pharmacy contesting asbestos-talc claims, noting that the plaintiff had agreed to dismiss, with prejudice, the claims against the company.

In a July 29 order, the U.S. District Court for the Western District of New York referred the case back to the magistrate judge for “further proceedings consistent with the referral order of January 27, 2020.”

Plaintiffs John and Joyce Castro filed the underlying complaint against a number of defendants, including CVS Pharmacy, contending that John Castro’s mesothelioma was a result of his …