N.Y. Federal Court Allows Supplemental Disclosure in Asbestos Talcum Powder Case

NEW YORK –– A New York federal court has found that while a talcum powder plaintiff’s failure to disclose reliance on a supplemental report from an expert, such failure was “harmless,” and “does not merit the extreme sanction of preclusion.”

In the April 24 order, the U.S. District Court for the Southern District of New York explained that discovery had not closed, a schedule for dispositive motions had not been entered and a trial date had not been set.

“Any prejudice to Defendants can be remedied by a continuance and the reopening of [the expert’s] deposition,” the court concluded.

Plaintiff …