On December 10, 2020 a
Exhibit,Appendix
was filed
involving a dispute between
Patsy Young,
and
Aventis Inc.,
Avon Products, Inc.,
Block Drug Company, Inc.,
Block Drug Corporation,
Brenntag North America, Inc.,
Brenntag Specialties, Inc. F K A Mineral Pigment Solutions, Inc.,
Charles B. Chrystal Company, Inc.,
Chattem, Inc.,
Colgate-Palmolive Company,
Cyprus Amax Minerals Company,
Cyprus Mines Corporation,
Glaxosmithkline Llc (Sued Individually And As Successor-In-Interest To Block Drug Corporation, Successor-In-Interest To The Gold Bond Sterilizing Powder Company A K A The Gold Bond Company And As A Successor-In-Interest To Novartis Corporation And
Novartis Consumer Health Inc.),
Gsk Consumer Health, Inc. F K A Novartis Consumer Health Inc. F K A Ciba Self-Medication, Inc.,
Insight Pharmaceuticals Corporation, A Subsidiary Of Prestige Brands Holdings, Inc.,
Insight Pharmaceuticals Llc,
Macy'S Inc. F K A Federated Department Stores, Inc.,
Novartis Pharmaceuticals Corporation,
Prestige Brands Holdings, Inc.,
Prestige Consumer Healthcare Inc. F K A Prestige Brands, Inc.,
Sanofi-Aventis U.S. Llc,
Sanofi Us Services, Inc.,
Whittaker Clark & Daniels, Inc.,
for Torts - Asbestos
in the District Court of Erie County.
Preview
FILED: ERIE COUNTY CLERK 03/17/2023 09:06 PM INDEX NO. 815818/2020
NYSCEF DOC. NO. 320 RECEIVED NYSCEF: 03/17/2023
EXHIBIT 110
FILED: ERIE COUNTY CLERK 03/17/2023 09:06 PM INDEX NO. 815818/2020
NYSCEF DOC. NO. 320 RECEIVED NYSCEF: 03/17/2023
RJ LeeGroup, Inc.
350 Hochberg Road The Materials Characterizatio n Specialists
Monroeville, PA 15146
Tel: (724) 325-1776
Fax: (724) 733-1799
September 1, 2000
Ms. Lisa Kirk
Maxim Technologies Inc.
P.O. Box 1413
Bozeman MT 59771
RE: PLM Point-Count Analysis for Samples
Job: AOH008699
Client Job Number: 9902295
Dear Ms. Kirk,
As per your request, the samples shown were point-counted by polarized light microscopy
(PLM). Eight mounts were made from the ground material and point-counted by the EPA/600/R-
93/116 methodology, which calls for a total of 400 points (50 per slide) on material. A cross-hair
reticle and mechanical stage were used for counting. Stops were made at I-millimeter (mm)
intervals in both the x and y directions which superimposed a grid of points on 1-mm squares on
the mounts. This eliminated any bias in the counting and provides a systematic selection of
points. The results are as follows:
RJ Lee Group # Client# Asbestos %
2581278BHP L 6050002-1 0.0 *
2581279BHP L 6050001-1 0.0 *
258 l 280BHPL 6050001-2 0.0
258128 lBHPL 6025-001-3 0.0
2581282BHP L 6025-001-2 0.0 *
~/,A_•~· ,,
2581283BHP L /fri 1
- voo25-oo 1-1 0.25 Chrysotile *
2581284BHP L 6025-011-1 0.0
t 1'{\ /
258 l 285BHPL /\'()/6025-01 1-2 0.0 * **
2581286BHP L 6050-004-1 0.0
2581287BHP L 6250-001-1 0.0 * **
2581288BHP L 6075-001-1 0.0 * **
2581289BHP L 6000-020-1 0.0 * **
Monroeville, PA • San Leandro, CA • Washington, DC • Richland, WA
www.rjlg.com
FILED: ERIE COUNTY CLERK 03/17/2023 09:06 PM INDEX NO. 815818/2020
NYSCEF DOC. NO. 320 RECEIVED NYSCEF: 03/17/2023
PAGE2
RJ Lee Group # Client# Asbestos%
258129OBHPL 6100-001 +215 0.0
2581291BHPL 6100-001 + 22 0.0
2581292BHPL 6100-001+59 0.0
2581293BHPL SBSl-96-2-0lB 0.0
2581294BHPL SBS 1-96-2-0lB 0.0
* Contains Fibrous Talc
** Contains Transitional Fibers
RJ Lee Group, Inc. is accredited by the National Voluntary Laboratory Accreditation Program
(NVLAP) for selected test methods for airborne asbestos fiber analysis (TEM) and asbestos fiber
analysis (PLM). RJ Lee Group's Monroeville laboratory is accredited by the American Industrial
Hygiene Association for asbestos, silica and metals.
These results are submitted pursuant to RJ Lee Group's current terms and conditions of sale,
including the company's standard warranty and limitation of liability provisions and no
responsibility or liability is assumed for the manner in which the results are used or interpreted.
Unless notified in writing to return the samples covered by this report, RJ Lee Group will store
the samples for a period of ninety (90) days before discarding. A shipping and handling fee will
be assessed for the return of any samples.
Several Samples contained fibrous talc and some of the samples contained a transitional material
that is a mixture of talc and amphibole. These transitional particles have indices of refraction that
are between talc and amphibole. The alpha index of the transitional is less than 1.598 and the
gamma Index is greater than 1.598. These transitional particles are not asbestos and are not
regulated.
If you have any questions on this report or if we can be of further assistance, please feel free to
call me.
Sincerely,
William H. Powers
Manager, Bulk Materials Analysis
WHP/djh
}'Dl(o o~ l.v,ff 'I
Y1 - Sto ,~CHAIN OF cu/ 1DY RECORD \(s;;~~~%e1- /Ji# /OP:,
L~~MA (,1/ f /,;)(}:;I rµ ltU f!L () O o ~t~~~ t-wiCl --n mT· z;~r::;-:~ I
Prn1ecl or Site Nan~ ·
400- ep,;--z. G4eO pl/-nvt __.1
00 l-c;---oo !- .:s I .....J
1-f I .J h~iWr ±>ih , ,\\,.',_tp V
r~f'I z.e::;,- onl . ,. 7 " V
IV
ii 11 ~ kY~ . l'./u . 1 -6~ ,. ___.o l\t o LR
\ 002S ool·~I I
~
1,/ II k 117"' Pl .P 4
\ \ t)n?c:,. 0 I I - I J -
FILED: ERIE COUNTY CLERK 03/17/2023 09:06 PM
"1 ~ ·-
l \ ~ OZ,S · OI I ~ 7 'I '
l,j
I ) 1/.)n--::;n -wLf ~ \ "' I
( ( i,·J VJ }
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Date Time Remarks:
ReHr,b y 1/J"dby_ d fl .
( J~A (J__ IP:lsiCD II ITYvi 'M~ ~,?le,"£- -' 1//{p /0~ ~~
-_::;, ·-c
Relinquishei by:
e. k;6<-L. Date Time Received by: {//J
Relinquished by: Date Time Received by:
Relinquished by: Date Time Received by:
RECEIVED NYSCEF: 03/17/2023
INDEX NO. 815818/2020
Document Filed Date
March 17, 2023
Case Filing Date
December 10, 2020
Category
Torts - Asbestos
For full print and download access, please subscribe at https://www.trellis.law/.
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FILED: ERIE COUNTY CLERK 03/17/2023 09:06 PM INDEX NO. 815818/2020 NYSCEF DOC. NO. 320 RECEIVED NYSCEF: 03/17/2023 EXHIBIT 110 FILED: ERIE COUNTY CLERK 03/17/2023 09:06 PM INDEX NO. 815818/2020 NYSCEF DOC. NO. 320 RECEIVED NYSCEF: 03/17/2023 RJ LeeGroup, Inc. 350 Hochberg Road The Materials Characterizatio n Specialists Monroeville, PA 15146 Tel: (724) 325-1776 Fax: (724) 733-1799 September 1, 2000 Ms. Lisa Kirk Maxim Technologies Inc. P.O. Box 1413 Bozeman MT 59771 RE: PLM Point-Count Analysis for Samples Job: AOH008699 Client Job Number: 9902295 Dear Ms. Kirk, As per your request, the samples shown were point-counted by polarized light microscopy (PLM). Eight mounts were made from the ground material and point-counted by the EPA/600/R- 93/116 methodology, which calls for a total of 400 points (50 per slide) on material. A cross-hair reticle and mechanical stage were used for counting. Stops were made at I-millimeter (mm) intervals in both the x and y directions which superimposed a grid of points on 1-mm squares on the mounts. This eliminated any bias in the counting and provides a systematic selection of points. The results are as follows: RJ Lee Group # Client# Asbestos % 2581278BHP L 6050002-1 0.0 * 2581279BHP L 6050001-1 0.0 * 258 l 280BHPL 6050001-2 0.0 258128 lBHPL 6025-001-3 0.0 2581282BHP L 6025-001-2 0.0 * ~/,A_•~· ,, 2581283BHP L /fri 1 - voo25-oo 1-1 0.25 Chrysotile * 2581284BHP L 6025-011-1 0.0 t 1'{\ / 258 l 285BHPL /\'()/6025-01 1-2 0.0 * ** 2581286BHP L 6050-004-1 0.0 2581287BHP L 6250-001-1 0.0 * ** 2581288BHP L 6075-001-1 0.0 * ** 2581289BHP L 6000-020-1 0.0 * ** Monroeville, PA • San Leandro, CA • Washington, DC • Richland, WA www.rjlg.com FILED: ERIE COUNTY CLERK 03/17/2023 09:06 PM INDEX NO. 815818/2020 NYSCEF DOC. NO. 320 RECEIVED NYSCEF: 03/17/2023 PAGE2 RJ Lee Group # Client# Asbestos% 258129OBHPL 6100-001 +215 0.0 2581291BHPL 6100-001 + 22 0.0 2581292BHPL 6100-001+59 0.0 2581293BHPL SBSl-96-2-0lB 0.0 2581294BHPL SBS 1-96-2-0lB 0.0 * Contains Fibrous Talc ** Contains Transitional Fibers RJ Lee Group, Inc. is accredited by the National Voluntary Laboratory Accreditation Program (NVLAP) for selected test methods for airborne asbestos fiber analysis (TEM) and asbestos fiber analysis (PLM). RJ Lee Group's Monroeville laboratory is accredited by the American Industrial Hygiene Association for asbestos, silica and metals. These results are submitted pursuant to RJ Lee Group's current terms and conditions of sale, including the company's standard warranty and limitation of liability provisions and no responsibility or liability is assumed for the manner in which the results are used or interpreted. Unless notified in writing to return the samples covered by this report, RJ Lee Group will store the samples for a period of ninety (90) days before discarding. A shipping and handling fee will be assessed for the return of any samples. Several Samples contained fibrous talc and some of the samples contained a transitional material that is a mixture of talc and amphibole. These transitional particles have indices of refraction that are between talc and amphibole. The alpha index of the transitional is less than 1.598 and the gamma Index is greater than 1.598. These transitional particles are not asbestos and are not regulated. If you have any questions on this report or if we can be of further assistance, please feel free to call me. Sincerely, William H. Powers Manager, Bulk Materials Analysis WHP/djh }'Dl(o o~ l.v,ff 'I Y1 - Sto ,~CHAIN OF cu/ 1DY RECORD \(s;;~~~%e1- /Ji# /OP:, L~~MA (,1/ f /,;)(}:;I rµ ltU f!L () O o ~t~~~ t-wiCl --n mT· z;~r::;-:~ I Prn1ecl or Site Nan~ · 400- ep,;--z. G4eO pl/-nvt __.1 00 l-c;---oo !- .:s I .....J 1-f I .J h~iWr ±>ih , ,\\,.',_tp V r~f'I z.e::;,- onl . ,. 7 " V IV ii 11 ~ kY~ . l'./u . 1 -6~ ,. ___.o l\t o LR \ 002S ool·~I I ~ 1,/ II k 117"' Pl .P 4 \ \ t)n?c:,. 0 I I - I J - FILED: ERIE COUNTY CLERK 03/17/2023 09:06 PM "1 ~ ·- l \ ~ OZ,S · OI I ~ 7 'I ' l,j I ) 1/.)n--::;n -wLf ~ \ "' I ( ( i,·J VJ } (,1 2'50 · DDI -I - Date Time Remarks: ReHr,b y 1/J"dby_ d fl . ( J~A (J__ IP:lsiCD II ITYvi 'M~ ~,?le,"£- -' 1//{p /0~ ~~ -_::;, ·-c Relinquishei by: e. k;6<-L. Date Time Received by: {//J Relinquished by: Date Time Received by: Relinquished by: Date Time Received by: RECEIVED NYSCEF: 03/17/2023 INDEX NO. 815818/2020