Featured Asbestos Verdict: Fishbain v. Colgate-Palmolive, et al.

Fishbain v. Colgate-Palmolive, et al. (N.J. Super. Ct., Middlesex Cty. No. MID-L5633-13AS): On November 2, 2015 a jury reached a defense verdict on behalf of remaining defendants Whittaker, Clark & Daniels and Shulton, Inc. Plaintiffs alleged that Linda Fishbain developed mesothelioma as a result of exposure to asbestos-contaminated talc contained in Cashmere Bouquet and Desert Flower talcum powder products. Plaintiffs claimed that Whittaker supplied contaminated raw talc to Shulton, which in turn manufactured the products that Linda Fishbain used between the 1960s and 1980s. At trial, Shulton argued that that there was no evidence that the products were contaminated with asbestos, and Whittaker argued that plaintiff had no evidence to support that the specific talcum powder used by Linda Fishbain was sold or distributed by them. The jury found that plaintiffs had failed to prove that either of the defendants manufactured, sold or distributed a product that was not reasonably fit or safe for its intended foreseeable use, and that when the product left the defendants' possession that the danger that it could cause an asbestos-related disease was not known. Plaintiffs were represented by Moshe Maimon and Amber Long of Levy Konigsberg LLP in New York.