For mesothelioma patients, the path to justice is often hindered by legal complexities and roadblocks erected by asbestos companies. In the case of Craig Ludwig, talc supplier IMI Fabi LLC argued that they could not be sued in the state of New York. However, after review of the case, a New York Supreme Court judge denied the company’s motion to dismiss for lack of personal jurisdiction.
Mesothelioma Victim Points to New York Cosmetic Talc Operations
Mr. Ludwig blames his mesothelioma diagnosis on exposure to asbestos-containing cosmetic talc products manufactured and distributed by Fabi, and filed his claim against the company in the New York state court system. In response, the company argued that it is organized outside of New York, with its principal operations located in West Virginia. Because it is not incorporated in New York and has no registered office, employees, or bank accounts in the state, it filed a petition with the court to dismiss the case.
Fabi is part of a global enterprise that produces talc for use in cosmetics, pharmaceuticals, and industrial uses, and Mr. Ludwig’s lawsuit argues that the company’s talc is contaminated with the asbestos that caused his mesothelioma. To justify filing his case in the New York courts, he submitted significant evidence, both that the company transacted business in the state and that it operated a facility in Diana, New York, that produced cosmetic and industrial-grade talc from the late 1990s until 2004.
NY Judges in Mesothelioma Case See Persistent Course of Conduct in New York
The evidence submitted by the mesothelioma victim included bills of lading showing shipments directly into New York ports, deliveries to Rouses Point between 2015 and 2020, and correspondence confirming major cosmetic companies, including Estée Lauder, Chanel, and Avon, as customers of Fabi talc for products sold to New York consumers. Additionally, he demonstrated that Fabi regularly engaged in business that targeted New York. He provided distributor agreements between the company and a distributor of cosmetic-grade talc throughout the United States, which clearly created an ongoing relationship that kept CSI from handling competitors’ products.
The court agreed with the mesothelioma victim that this type of activity went beyond mere sales, and that Fabi had purposefully availed itself of New York’s marketplace. Writing for the Supreme Court of New York, Judge Walter concluded that Fabi’s New York contacts, including operation of the Diana facility and exclusive distributor agreements with New Jersey-based Cosmetic Specialties Inc., made New York an appropriate jurisdiction for the case.
If you or someone you love has been diagnosed with mesothelioma, the Patient Advocates at Mesothelioma.net are here to guide you to the best outcome. Contact us today at 1-800-692-8608 to learn more.
