Calif. Court Reverses $3 Million Punitive Damage Verdict, Says Record Lacks Evidence of Whittaker, Clark & Daniels’ Malice

LOS ANGELES –– A California appellate court has reversed a $3 million punitive damage verdict in an asbestos-containing talcum powder case, saying that the evidence on the record did not support a finding of malice, fraud or oppression against Whittaker, Clark & Daniels.

In the July 5 opinion, the California Court of Appeal, Second Appellate District, Division Eight, opined that while Whittaker may have known that asbestos was an unsafe ingredient, the link between talcum powder and mesothelioma was not known until years after the plaintiffs last used the talcum powder product.

The underlying claims were asserted by Willie …