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Dan Albasry as Trustee of the Estate of Newal Al Saad, Firas Mohammad v. Barretts Minerals Inc., Beacon Cmp Corp., Brenntag North America Inc. (Individually And As Successor To Minerals And Pigment Solutions Inc., Successor To Whittaker, Clark &…

Torts - Asbestos case was filed by (Subcribe to view) represented by (Subcribe to view) against (Subscribe to view) represented by (Subscribe to view) in the jurisdiction of New York County. Judge Adam Silvera presiding.

Case Details

Case Number

(Subscribe to View)   

Filing Date

January 05, 2023

Last Refreshed

January 25, 2024

Filing Location

New York County, NY

Judge

Hon. Adam Silvera Trellis Spinner 👉 Discover key insights by exploring more analytics for Adam Silvera   

Category

Torts - Asbestos

Practice Area

Torts

Matter Type

Mass Torts

Status

Bankruptcy

Overview
Causes of Action

1. NEGLIGENCE

2. NEGLIGENCE PER SE

3. STRICT LIABILITY – FAILURE TO WARN

4. STRICT LIABILITY – MANUFACTURING DEFECT

5. STRICT LIABILITY – DESIGN DEFECT

6. MARKET SHARE LIABILITY2

7. ALTERNATIVE/COLLECTIVE LIABLITY3

8. FRAUDULENT MISREPRESENTATION AND CONSPIRACY/CONCERT ACTION

9. SPOUSAL LOSS OF CONSORTIUM

10. WRONGFUL DEATH

11. PUNITIVE DAMAGES4

Case Complaint Summary

This is a complaint filed in a New York State court. The plaintiffs are Mohammad and Newal Saad, on behalf of themselves and others similarly situated. They are suing Barretts Minerals, Inc., et al., including various companies that manufactured,…...

Parties

Plaintiffs

Dan Albasry As Trustee Of The Estate Of Newal Al Saad
Firas Mohammad

Attorneys for Plaintiffs

Berquist, Darron Erick

Defendants

Barretts Minerals Inc.
Beacon Cmp Corp.
Brenntag Specialties Llc
Charles B. Chrystal Company Inc.;
Colgate Palmolive Co.;
Conopco Inc.
Glaxosmithkline Consumer Healthcare Holdings
Glaxosmithkline Llc
Gsk Consumer Health Inc.
Lornamead Inc.
Pfizer Inc.
Port Jervis Laboratories Inc.
The Procter & Gamble Co.
Whittaker, Clark & Daniels Inc.
Yardley Of London Inc.
Yardley Of London Ltd.,

Attorneys for Defendants

Angiolillo, Joseph M
Gasior, Joan M.
Hegvik, Benjamin James
Holzapfel, Christina Joan
Kozak, Christopher S
Kuszmerski, Daniel Robert
Massimi, Lisa Marie
Mccaffrey, Kevin Cullen
Muse, Erika Lori
Rizvi, Syed Kazim
Rutkowski, David Edward
Saul, Jason Michael
Squitieri, Virginia Paula
Tempesta, Carol Maria
Wilson, Josie S

Case Documents

PRE-TRIAL DOCUMENT(S)

Date: Jun 26, 2023

AFFIDAVIT

Date: Jun 16, 2023

TRIAL DOCUMENTS

Date: Jun 12, 2023

ORDER ( PROPOSED )

Date: Apr 11, 2023

DEMAND FOR:

Date: Mar 31, 2023

RESPONSE TO DEMAND

Date: Mar 31, 2023

ANSWER

Date: Mar 16, 2023

RESPONSE TO DEMAND

Date: Mar 10, 2023

ANSWER

Date: Mar 10, 2023

DEMAND FOR:

Date: Mar 09, 2023

ANSWER

Date: Mar 03, 2023

ANSWER

Date: Feb 09, 2023

ANSWER

Date: Jan 26, 2023

ANSWER

Date: Jan 25, 2023

EXHIBIT(S) - E

Date: Jan 05, 2023

EXHIBIT(S) - B

Date: Jan 05, 2023

EXHIBIT(S) - D

Date: Jan 05, 2023

EXHIBIT(S) - F

Date: Jan 05, 2023

EXHIBIT(S) - A

Date: Jan 05, 2023

EXHIBIT(S) - C

Date: Jan 05, 2023

Case Events

Type Description
NOTICE OF BANKRUPTCY (POST RJI)
NOTICE OF BANKRUPTCY (POST RJI)
MEMORANDUM OF LAW IN REPLY
AFFIDAVIT OR AFFIRMATION IN REPLY (Motion #001)
of Kevin C. McCaffrey
EXHIBIT(S) - B (Motion #001) Port Jervis motion seeking contempt against Brigham & Womens Hospital in Kolmar Laboratories v. Chri
Port Jervis motion seeking contempt against Brigham & Womens Hospital in Kolmar Laboratories v. Chri ... show more
EXHIBIT(S) - A (Motion #001)
Port Jervis motion seeking to domesticate the subpoena in Kolmar Laboratories v. Christina Thomas
NOTICE OF CHANGE OF FIRM NAME OR ADDRESS (POST RJI)
ADJOURNMENT OF MOTION -REQUEST -IN SUBMISSIONS PART -RM 130
COURT NOTICE (Motion #001)
Filing on Behalf of - MOTION SUBMISSIONS, ROOM 130
STIPULATION - ADJOURNMENT OF MOTION -IN SUBMISSIONS PART -RM 130 (Motion #001)
adjourning return date to September 18, 2023
STIPULATION - ADJOURNMENT OF MOTION -IN SUBMISSIONS PART -RM 130
STIPULATION - ADJOURNMENT OF MOTION -IN SUBMISSIONS PART -RM 130
MEMORANDUM OF LAW IN OPPOSITION (Motion #001)
Plaintiffs' Memorandum of Law in Opposition to Motion to Dismiss
EXHIBIT(S) - 6 (Motion #001)
Memorandum from Johnson & Johnson Baby Products Company
EXHIBIT(S) - 12 (Motion #001)
Transcript of the testimony of Robert Edmonds
EXHIBIT(S) - 7 (Motion #001)
Johnson & Johnson Baby Products Company Process Specification
EXHIBIT(S) - 9 (Motion #001)
Johnson & Johnson Baby Products Company Process Specification
EXHIBIT(S) - 10 (Motion #001)
Johnson & Johnson Baby Products Company Material Specification from 1987
EXHIBIT(S) - 11 (Motion #001)
Transcript of the testimony of Ronald Yakupcin
EXHIBIT(S) - 8 (Motion #001)
Letter from Johnson & Johnson Baby Products Company to Kolmar
EXHIBIT(S) - 15 (Motion #001)
Correspondence from Johnson & Johnson to D.T. Walker dated January 27, 1970
EXHIBIT(S) - 18 (Motion #001)
Kolmar Laboratories Inc. letterhead dated November 16, 1973
EXHIBIT(S) - 13 (Motion #001)
Material Specification of Luzenac America Inc. for Windsor Grade 66 Talc
EXHIBIT(S) - 14 (Motion #001)
Johnson & Johnson Material Specification dated November 15, 2001
EXHIBIT(S) - 17 (Motion #001)
Johnson & Johnson memorandum dated October 4, 1976
EXHIBIT(S) - 19 (Motion #001) Rosner, et al., Nondetected: The Politics of Measurement of Asbestos in Talc, 1971-1976, Am. J. Publ
Rosner, et al., Nondetected: The Politics of Measurement of Asbestos in Talc, 1971-1976, Am. J. Publ ... show more
EXHIBIT(S) - 16 (Motion #001)
Johnson & Johnson Summary Report regarding American Ground Italian Talc
EXHIBIT(S) - 74 (Motion #001)
Decision and order in DeKlerk v. Bloomingdales, Inc. dated July 1, 2020
EXHIBIT(S) - 1 (Motion #001)
Affidavit of Robert Edmonds
EXHIBIT(S) - 72 (Motion #001)
Decision and order in Black v. Brenntag North America dated August 6, 2018
EXHIBIT(S) - 68 (Motion #001)
Expert Witness list of defendant Charles B. Chrystal, Inc. dated November 22, 2022
EXHIBIT(S) - 66 (Motion #001)
Lisa Wisemans rsum
EXHIBIT(S) - 67 (Motion #001)
Conopco, Incs amended expert witness list dated July 5, 2023
EXHIBIT(S) - 69 (Motion #001)
Expert witness list for defendant Kolmar Laboratories Inc. dated November 15, 2022
EXHIBIT(S) - 71 (Motion #001)
Decision and order in Pyle v. Pfizer dated August 15, 2018
EXHIBIT(S) - 81 (Motion #001)
KCIC presentation at the National Asbestos Litigation Conference
EXHIBIT(S) - 83 (Motion #001)
Distance calculations via Google Maps
EXHIBIT(S) - 82 (Motion #001)
Schmitt et al Asbestos Cases and the Courts No Logjam Congress Watch
EXHIBIT(S) - 84 (Motion #001)
Kolmar Laboratories Inc.s expert witness list dated April 6, 2022
AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO MOTION (Motion #001)
Affirmation of Attorney in Opp NOM to Dismiss
EXHIBIT(S) - 4 (Motion #001)
Affidavit of Dan Albasry
EXHIBIT(S) - 2 (Motion #001)
Plaintiffs Initial Fact Sheet
EXHIBIT(S) - 34 (Motion #001)
Meeting minutes of the Cosmetic, Toiletry and Fragrance Association Inc. (various)
EXHIBIT(S) - 21 (Motion #001)
Johns Manville memorandum dated August 11, 1971
EXHIBIT(S) - 5 (Motion #001)
Affidavit of Maytham Ibrahim
EXHIBIT(S) - 35 (Motion #001) Bird, et al., A Review of the Talc Industrys Influence on Federal Regulation and Scientific Standard
Bird, et al., A Review of the Talc Industrys Influence on Federal Regulation and Scientific Standard ... show more
EXHIBIT(S) - 20 (Motion #001)
FDA memorandum regarding discussion session on asbestos and talc dated August 3, 1971
EXHIBIT(S) - 36 (Motion #001)
Johnson & Johnson memorandum dated July 9, 1971
EXHIBIT(S) - 29 (Motion #001)
Memorandum dated December 19, 1974, regarding a meeting of the CTFA Talc Subcommittee
EXHIBIT(S) - 22 (Motion #001)
meeting minutes of the Cosmetic, Toiletry and Fragrance Association Inc. dated August 21, 1975
EXHIBIT(S) - 24 (Motion #001)
meeting minutes of the Cosmetic, Toiletry and Fragrance Association Inc. dated July 8, 1976
EXHIBIT(S) - 23 (Motion #001)
memorandum of the Cosmetic, Toiletry and Fragrance Association Inc. dated April 26, 1976
EXHIBIT(S) - 31 (Motion #001)
CTFA Method J 4-1 issued October 7, 1976
EXHIBIT(S) - 33 (Motion #001)
Transcript of the testimony of Mark Pollack from August 29, 2018
EXHIBIT(S) - 32 (Motion #001)
Curriculum Vitae of Ronald J. Yakupci
EXHIBIT(S) - 25 (Motion #001) correspondence from Kolmar Laboratories Inc. to Walter C. McCrone Associates Inc. dated December 27,
correspondence from Kolmar Laboratories Inc. to Walter C. McCrone Associates Inc. dated December 27, ... show more
EXHIBIT(S) - 28 (Motion #001)
Meeting minutes of the Cosmetic, Toiletry and Fragrance Association Inc. dated October 11, 1973
EXHIBIT(S) - 78 (Motion #001)
New York Times article
EXHIBIT(S) - 75 (Motion #001)
Barretts Minerals Inc.s filings with the New York Department of State
EXHIBIT(S) - 77 (Motion #001)
Chicago Tribune article
EXHIBIT(S) - 37 (Motion #001)
Correspondence from Dr. Langer to Johnson & Johnson dated November 10, 1971
EXHIBIT(S) - 43 (Motion #001)
NYSCEF Docket inquiry results
EXHIBIT(S) - 38 (Motion #001)
Johnson & Johnson memorandum dated July 12, 1971
EXHIBIT(S) - 76 (Motion #001)
New York Times article
EXHIBIT(S) - 80 (Motion #001)
W. A. Bogart Guardian of Civil Right Medieval Relic
EXHIBIT(S) - 79 (Motion #001)
Elizabeth Arden Inc.schedule 14A
EXHIBIT(S) - 53 (Motion #001)
Mancinelli et al. v. Royal Bank of Canada et al
EXHIBIT(S) - 48 (Motion #001)
Whittaker, Clark & Daniels Inc.s answers to interrogatories dated March 5, 2009
EXHIBIT(S) - 61 (Motion #001)
Transcript of the testimony of Michael Richard Burke from July 10, 2018
EXHIBIT(S) - 62 (Motion #001)
Colgate-Palmolive Co.s amended Fact Witness list dated October 8, 2019
EXHIBIT(S) - 60 (Motion #001)
Plaintiffs Fact Witness list dated June 12, 2023
EXHIBIT(S) - 63 (Motion #001)
Transcript of the testimony of Jack Linard from February 3, 2021
EXHIBIT(S) - 50 (Motion #001)
Affidavits of Service in this case
EXHIBIT(S) - 58 (Motion #001) Memorandum of Law in Support of Port Jervis Laboratories Inc., Incorrectly S/H/A Kolmar Laboratories
Memorandum of Law in Support of Port Jervis Laboratories Inc., Incorrectly S/H/A Kolmar Laboratories ... show more
EXHIBIT(S) - 54 (Motion #001)
Tribax Management Ltd. V. Laswind Investment Ltd. dated August 25, 2006
EXHIBIT(S) - 26 (Motion #001) Correspondence from Kolmar Laboratories Inc. to Walter C. McCrone Associates Inc. dated February 28,
Correspondence from Kolmar Laboratories Inc. to Walter C. McCrone Associates Inc. dated February 28, ... show more
EXHIBIT(S) - 30 (Motion #001)
Memorandum dated September 17, 1974, regarding CTFA Talc Subcommittee
EXHIBIT(S) - 64 (Motion #001)
Lornamead Inc.s answers to interrogatories dated December 14, 2022
EXHIBIT(S) - 65 (Motion #001) agenda for the FDA Good Manufacturing Practices for Cosmetic Products Listening Session public meeti
agenda for the FDA Good Manufacturing Practices for Cosmetic Products Listening Session public meeti ... show more
EXHIBIT(S) - 39 (Motion #001)
Report on Talcum Powder dated June 29, 1971
EXHIBIT(S) - 40 (Motion #001)
New York Post article dated June 29, 1971
EXHIBIT(S) - 42 (Motion #001)
Memorandum regarding Meeting with Dra. Selikoff, Langer and Rohl at Mt. Sinai dated March 15, 1976
EXHIBIT(S) - 41 (Motion #001)
Johnson & Johnson memorandum dated November 29, 1972
EXHIBIT(S) - 44 (Motion #001)
Email exchange with Scarborough Health Network
EXHIBIT(S) - 45 (Motion #001)
Affidavit of Dan Albasry dated July 6, 2023
EXHIBIT(S) - 46 (Motion #001)
Affidavit of Edward Bergeron
EXHIBIT(S) - 56 (Motion #001)
Conopco Inc.s supplemental answers to interrogatories dated February 19, 2016
EXHIBIT(S) - 47 (Motion #001)
Records from the Division of Corporations
EXHIBIT(S) - 52 (Motion #001)
Whittaker, Clark & Daniels Inc.s answers interrogatories dated December 13, 2022
EXHIBIT(S) - 51 (Motion #001)
plaintiffs response to WCD Notice to Preserve and Observe dated March 31, 2023
EXHIBIT(S) - 55 (Motion #001)
Transcript of Testimony of Bohdan Prybyla from October 26, 2022
EXHIBIT(S) - 57 (Motion #001)
Decision and order in Kolmar Laboratories, Inc. v. Eaves dates June 29, 2021
EXHIBIT(S) - 59 (Motion #001)
Plaintiffs Expert Witness List and CPLR 3101(d) Disclosures dated June 26, 2023
EXHIBIT(S) - 49 (Motion #001)
Conopco Inc.s answers to interrogatories dated January 29, 2016
EXHIBIT(S) - 27 (Motion #001)
Reports of Seymour Z. Lewin of New York University
EXHIBIT(S) - 3 (Motion #001)
Affidavit of Dinan Mohammad
EXHIBIT(S) - 70 (Motion #001) Expert witness list disclosures of defendants The Procter & Gamble Company and Bristol-Myers Squibb
Expert witness list disclosures of defendants The Procter & Gamble Company and Bristol-Myers Squibb ... show more
EXHIBIT(S) - 73 (Motion #001)
Decision and order in Fletcher v. Avon Products, Inc. dated March 25, 2020
LETTER / CORRESPONDENCE TO JUDGE (Motion #001)
Plaintiffs' Letter Seeking Leave to Exceed Word Limit (202.8-b)
PRE-TRIAL DOCUMENT(S)
AFFIDAVIT
STATEMENT OF AUTHORIZATION FOR ELECTRONIC FILING
ANSWER
Brenntag Specialties Answer to Complaint
ANSWER
Brenntag North America's Answer to Complaint
TRIAL DOCUMENTS
Plaintiffs' Fact Witness List
ADJOURNMENT OF MOTION -REQUEST -IN SUBMISSIONS PART -RM 130
ANSWER
P&G Answer
NOTICE OF APPEARANCE (POST RJI)
NOTICE OF MOTION (Motion #002)
Notice of Motion to Admit Richard Picini Pro Hac
EXHIBIT(S) - 1 (Motion #002)
Certificate Of Good Standing Supreme Court of NJ
AFFIDAVIT OR AFFIRMATION IN SUPPORT OF MOTION (Motion #002)
Affidavit of Richard Picini
STIPULATION - ADJOURNMENT OF MOTION -IN SUBMISSIONS PART -RM 130 (Motion #001)
Stipulation Adjourning Motion (001)
EXHIBIT(S) - 2 (Motion #002)
Certificate of Good Standing US District Court District of NJ
AFFIDAVIT OR AFFIRMATION IN SUPPORT OF MOTION (Motion #002)
Affirmation of Lisa Massimi
ORDER ( PROPOSED )
DEMAND FOR:
Notice to Preserve and Observe
RESPONSE TO DEMAND
Plaintiffs' Response to WCD/Holzapfel Letter Dated March 31, 2023
ANSWER WITH CROSS-CLAIM(S) Whittaker, Clark & Daniels, Inc.'s Answer, Affirmative Defenses, and Cross-Claims to Plaintiff's Ver
Whittaker, Clark & Daniels, Inc.'s Answer, Affirmative Defenses, and Cross-Claims to Plaintiff's Ver ... show more
STIPULATION - ADJOURNMENT OF MOTION -IN SUBMISSIONS PART -RM 130 (Motion #001)
Stipulation Adjourning Motion
ANSWER WITH CROSS-CLAIM(S) Verified Answer to Plaintiffs' First Amended Complaint on behalf of GSK Consumer Healthcare Holdings
Verified Answer to Plaintiffs' First Amended Complaint on behalf of GSK Consumer Healthcare Holdings ... show more
ANSWER WITH CROSS-CLAIM(S)
Verified Answer to Plaintiffs' First Amended Complaint on behalf of GSK Consumer Health, Inc.
ANSWER WITH CROSS-CLAIM(S)
Verified Answer to Plaintiffs' First Amended Complaint on behalf of GSK LLC
ANSWER
ANSWER WITH CROSS-CLAIM(S)
Defendant Conopco, Inc.'s Verified Answer to Plaintiffs' Verified Amended Complaint
NOTICE OF MOTION (Motion #001)
filed on behalf of Port Jervis Laboratories Inc.
EXHIBIT(S) - C (Motion #001)
Plaintiff's initial fact sheet
EXHIBIT(S) - D (Motion #001)
Pathology Report
AFFIDAVIT OR AFFIRMATION IN SUPPORT OF MOTION (Motion #001)
of Kevin C. McCaffrey
RJI -RE: NOTICE OF MOTION
MEMORANDUM OF LAW IN SUPPORT
ADDENDUM - GENERAL (840A)
EXHIBIT(S) - A (Motion #001)
Supplemental summons and amended complaint
EXHIBIT(S) - F (Motion #001)
New York City Asbestos Litig. (Ward)
EXHIBIT(S) - E (Motion #001)
Slattery v. Colgate-Palmolive Co.
EXHIBIT(S) - B (Motion #001)
Port Jervis' Answer
RESPONSE TO DEMAND
Response to WCD "Notice to Preserve and Observe"
ANSWER
filed on behalf of Defendant Port Jervis Laboratories Inc. f/k/a Kolmar Laboratories, Inc.
DEMAND FOR:
Notice to Preserve and Observe
ANSWER
AFFIRMATION/AFFIDAVIT OF SERVICE
Conopco Inc. AoS
ANSWER WITH CROSS-CLAIM(S) Defendant Lornamead, Inc.'s Verified Answer to PLs' Complaint, Affirmative Defenses, Cross-Claims an
Defendant Lornamead, Inc.'s Verified Answer to PLs' Complaint, Affirmative Defenses, Cross-Claims an ... show more
COMPLAINT (AMENDED)
Supplemental Summons and Amended Complaint
AFFIRMATION/AFFIDAVIT OF SERVICE
Yardley of London Ltd. AoS
ANSWER WITH CROSS-CLAIM(S)
ANSWER
DEFENDANT BEACON CMP CORP.S VERIFIED ANSWER TO PLAINTIFFS VERIFIED COMPLAINT
ANSWER WITH CROSS-CLAIM(S)
Defendant GSK Consumer Health Inc. Verified Answer with Cross-Claim(s)
ANSWER WITH CROSS-CLAIM(S)
Defendant GSK LLC's Verified Answer with Cross-Claim(s)
ANSWER WITH CROSS-CLAIM(S)
Defendant GSK Consumer Healthcare Holdings US Verified Answer with Cross-Claim(s)
ANSWER
CBC's Answer
ANSWER WITH CROSS-CLAIM(S)
Colgate-Palmolive Company's Verified Answer
ANSWER
AFFIRMATION/AFFIDAVIT OF SERVICE
GSK Consumer Health Inc. AoS
AFFIRMATION/AFFIDAVIT OF SERVICE
Charles B. Chrystal Co. Inc. AoS
AFFIRMATION/AFFIDAVIT OF SERVICE
Yardley of London Inc. AoS
AFFIRMATION/AFFIDAVIT OF SERVICE
The Procter & Gamble Co. AoS
AFFIRMATION/AFFIDAVIT OF SERVICE
WCD AoS
AFFIRMATION/AFFIDAVIT OF SERVICE
GlaxoSmithKline LLC AoS
AFFIRMATION/AFFIDAVIT OF SERVICE
GlaxoSmithKline Consumer Healthcare Holdings (US) LLC AoS
AFFIRMATION/AFFIDAVIT OF SERVICE
Beacon CMP Corp. AoS
AFFIRMATION/AFFIDAVIT OF SERVICE
Charles B. Chrystal Co. Inc. AoS
AFFIRMATION/AFFIDAVIT OF SERVICE
Brenntag North America Inc. AoS
AFFIRMATION/AFFIDAVIT OF SERVICE
Brenntag Specialties LLC AoS
AFFIRMATION/AFFIDAVIT OF SERVICE
Lornamead Inc. AoS
AFFIRMATION/AFFIDAVIT OF SERVICE
Barretts Minerals Inc. AoS
AFFIRMATION/AFFIDAVIT OF SERVICE
Colgate Palmolive Co. AoS
AFFIRMATION/AFFIDAVIT OF SERVICE
Port Jervis Laboratories Inc. AoS
AFFIRMATION/AFFIDAVIT OF SERVICE
Pfizer Inc. AoS
EXHIBIT(S) - E
Exhibit E - Tran
SUMMONS + COMPLAINT *Corrected*
Summons & Complaint
PLAINTIFFS INITIAL FACT SHEET
PIFS
EXHIBIT(S) - B
Exhibit B - Death Certificate
EXHIBIT(S) - D
Exhibit D - Egilman
EXHIBIT(S) - F
Exhibit F - Bird
EXHIBIT(S) - A
Exhibit A - Pathology Report
EXHIBIT(S) - C
Certificate of Appointment of Estate Trustee

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