N.Y. Court: Asbestos Defendant Can’t Keep Case Open to Take Deposition of Moline

NEW YORK –– A New York federal court had adopted a recommendation that an asbestos cosmetic talcum powder case be dismissed at the plaintiff’s request, opining that the defendant has not met the burden of showing it will be prejudiced by the dismissal and, therefore, is “not entitled to the presumption of cost recovery.”

In the March 5 order, the U.S. District Court for the Southern District of New York ruled that the defendant could not keep the case open simply to take a deposition of Dr. Jacqueline Moline since its requests “are grounded in the desire to obtain information …