June 11, 2019

Clyde & Co wins motion to change venue in talc case

On May 7, 2019 Clyde & Co secured a transfer of plaintiffs' complaint from New York City to a more favorable venue. Plaintiffs Lois Prokocimer and her husband William brought suit against Kolmar Laboratories, Inc. in Supreme Court, New York County claiming that the company was in part responsible for her development of mesothelioma, supposedly as a result of asbestos-contaminated talc (Kolmar Laboratories was the only defendant sued by the Prokocimers). However, they had previously sued dozens of other companies in a separate lawsuit in New York County two years ago for the same injuries and took the case to trial before settling with all parties. Clyde & Co moved to dismiss the New York case against it on the basis that Mrs. Prokocimer was not a resident of New York City and claimed no talc exposure there, while its client was a resident of Orange County in upstate New York. After hearing oral argument Judge Manuel Mendez decided that the case should be transferred to Orange County, as the Prokocimers had failed to show that New York County was where a substantial part of the events which gave rise to where the plaintiffs' claim had occurred. To read Judge Mendez's decision, please download the PDF below.