N.Y. Magistrate Judge Recommends Summary Judgment for J&J in Talc Case; Motion Was Unopposed

BUFFALO, N.Y. –– Johnson & Johnson should be awarded summary judgment in an asbestos cosmetic talcum powder case, a magistrate judge found, noting that the plaintiffs had not opposed the defendant’s motion.

In a May 7 recommendation, U.S. Magistrate Judge Michael J. Roemer of the U.S. District Court for the Western District of New York said that Johnson & Johnson was entitled to summary judgment since the plaintiffs did not file their claims within Virginia’s two-year statute of limitations.

The plaintiffs asserted the claims on behalf of John Castro, contending that his mesothelioma was caused by exposure to …