N.Y. Court Reverses $16.5 Million Asbestos Cosmetic Talcum Powder Verdict on Causation Grounds
April 26, 2022
ALBANY, N.Y. –– New York’s highest court has reversed a $16.5 million verdict entered at the conclusion of an asbestos cosmetic talcum powder trial, finding that testimony proffered by the plaintiff’s expert witness was not based on theories that are generally acceptable in the scientific community.
In the April 26 opinion, the New York Court of Appeals specifically rejected testimony from Dr. Jacqueline Moline, calling it “plainly insufficient,” and concluding that the “plaintiff’s proof failed to demonstrate decedent’s level of exposure to asbestos in a manner that establish causation.”
“The requirement that plaintiff establish, using expert testimony based on generally …