Arkansas Federal Court Dismisses Claims in Asbestos Talcum Powder Suit without Prejudice

HARRISON, Ark. –– An Arkansas federal court has granted motions to dismiss certain claims without prejudice in an asbestos cosmetic talcum powder lawsuit, concluding in part that there is a heightened pleading standard for asserting a claim for fraud.

In the Oct. 26 order, the U.S. District Court for the Western District of Arkansas opined that the defendants had been left to guess who was responsible for the alleged fraud.

American International Industries and Whittaker, Clark & Daniels both filed motions to dismiss for failure to state a claim as to the willful and wanton conduct, punitive damages, and fraud …