Preview
FILED: NEW YORK COUNTY CLERK 03/20/2023 02:24 PM INDEX NO. 190002/2023
NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 03/20/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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:
DAN ALBASRY, as Trustee of the Estate of NEWAL : Index No.: 190002-2023
AL SAAD, and FIRAS MOHAMMAD, :
: VERIFIED ANSWER INCLUDING
Plaintiffs, : AFFIRMATIVE DEFENSES AND
: CROSS CLAIMS TO PLAINTIFF’S
- against - : FIRST AMENDED COMPLAINT
:
BARRETTS MINERALS, INC., et al. :
:
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Defendant GLAXOSMITHKLINE LLC, incorrectly sued herein as “GlaxoSmithKline
LLC, (sued individually d/b/a and as successor to Yardley of London, Yardley of London
Ltd., Yardley of London (U.S.) LLC, SmithKline Beecham PLC and Beecham Group LLC)”,
(hereinafter “GSK LLC” or “Defendant”), by their attorneys Harris Beach, PLLC, by way of a
Verified Answer to Plaintiff’s Verified First Amended Complaint (the “Complaint”) states as
follows:
THE PARTIES
1. GSK LLC denies any knowledge or information to form a belief as to the
allegations contained in paragraphs “1”, “2”, “3”, “4” and “5” of the Complaint and begs leave to
refer all questions of law to this honorable Court.
2. GSK LLC denies any knowledge or information sufficient to form a belief as to the
allegations contained in paragraphs “5”, “6”, “7”, “8”, “9”, “10”, “11’ and “12” of the Complaint
as they relate to other defendants, and therefore denies them, and refers all questions of law to this
honorable Court.
3. GSK LLC denies each and every allegation contained in paragraph “13” of the
Complaint, except admits that GSK LLC is a foreign limited liability company.
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4. GSK LLC denies any knowledge or information sufficient to form a belief as to the
allegations contained in paragraphs “14”, “15”, “16”, “17”, “18”, “19”, “20”, “21” and “22” of the
Complaint as they relate to other defendants, and therefore denies them, and refers all questions of
law to this honorable Court.
5. As “Defendants” refers to GSK LLC, GSK LLC denies the allegations contained
in paragraphs “23”, “24” and “25” of the Complaint, and begs leave to refer all questions of law
to this honorable Court.
6. As “Defendants” refers to parties other than GSK LLC, GSK LLC denies any
knowledge or information sufficient to form a belief as to the allegations contained in paragraphs
“23”, “24” and “25” of the Complaint.
7. GSK LLC denies any knowledge or information sufficient to form a belief as to the
allegations contained in paragraph “26” of the Complaint, and therefore denies them, and refers
all questions of law to this honorable Court.
AS AND FOR A FIRST CAUSE OF ACTION SOUNDING IN NEGLIGENCE, GSK LLC
ANSWERS AS FOLLOWS:
8. Repeats and reiterates each and every response hereinbefore made with the same
force and effect as though the same were set forth at length herein in response to paragraph “27”
of the Complaint.
9. GSK LLC denies each and every allegation contained in paragraphs “28”, “29”,
“30”, “31”, “32”, “33”, “34”, “35(a-s)”, “36”, “37”, “38”, “39”, “40(a-c)”, “41”, “42” and “43”of
the Complaint to the extent that such allegations are directed towards GSK LLC, and begs leave
to refer all questions of law to this honorable Court.
10. GSK LLC is without knowledge or information sufficient to form a belief as to the
truth of each and every allegation contained in paragraphs “28”, “29”, “30”, “31”, “32”, “33”,
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“34”, “35(a-s)”, “36”, “37”, “38”, “39”, “40(a-c)”, “41”, “42” and “43”of the Complaint as they
relate to other defendants and therefore denies them, and begs leave to refer all questions of law
to this honorable Court.
AS AND FOR A SECOND CAUSE OF ACTION SOUNDING IN NEGLIGENCE PER SE
GSK LLC ANSWERS AS FOLLOWS:
11. Repeats and reiterates each and every response hereinbefore made with the same
force and effect as though the same were set forth at length herein in response to paragraph “44”
of the Complaint.
12. GSK LLC denies each and every allegation contained in paragraphs “45”, “46”,
“47”, “48”, “49” and “50” of the Complaint to the extent that such allegations are directed towards
GSK LLC, and refers all questions of law to this honorable Court.
13. GSK LLC is without knowledge or information sufficient to form a belief as to the
truth of each and every allegation contained in paragraphs “45”, “46”, “47”, “48”, “49” and “50”
of the Complaint as they relate to other defendants and therefore denies them, and begs leave to
refer all questions of law to this honorable Court.
AS AND FOR A THIRD CAUSE OF ACTION SOUNDING IN STRICT LIABILITY,
GSK LLC ANSWERS AS FOLLOWS:
14. Repeats and reiterates each and every response hereinbefore made with the same
force and effect as though the same were set forth at length herein in response to paragraph “51”
of the Complaint.
15. GSK LLC denies each and every allegation contained in paragraphs “52”, “53”,
“54”, “55”, “56”, “57”, “58”, “59” and “60” of the Complaint to the extent that such allegations
are directed towards GSK LLC, and refers all questions of law to this honorable Court.
16. GSK LLC is without knowledge or information sufficient to form a belief as to the
truth of each and every allegation contained in paragraphs “52”, “53”, “54”, “55”, “56”, “57”,
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“58”, “59” and “60” of the Complaint as they relate to other defendants, and therefore denies them,
and refers all questions of law to this honorable Court.
AS AND FOR A FOURTH CAUSE OF ACTION SOUNDING IN MANUFACTURING
DEFECT, GSK LLC ANSWERS AS FOLLOWS:
17. Repeats and reiterates each and every response hereinbefore made with the same
force and effect as though the same were set forth at length herein in response to paragraph “61”
of the Complaint.
18. GSK LLC denies each and every allegation contained in paragraphs “62”, “63”,
“64”, “65”, “66”, “67” and “68” of the Complaint to the extent that such allegations are directed
towards GSK LLC, and refers all questions of law to the Court.
19. GSK LLC is without knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraphs “62”, “63”, “64”, “65”, “66”, “67” and “68” of the
Complaint as they relate to other defendants, and therefore denies them, and refers all questions of
law to this honorable Court.
AS AND FOR A FIFTH CAUSE OF ACTION SOUNDING IN DESIGN DEFECT, GSK
LLC ANSWERS AS FOLLOWS:
20. Repeats and reiterates each and every response hereinbefore made with the same
force and effect as though the same were set forth at length herein in response to paragraph “69”
of the Complaint.
21. GSK LLC denies each and every allegation contained in paragraphs “70”, “71”,
“72”, “73”, “74”, “75” and “76” of the Complaint to the extent that such allegations are directed
towards GSK LLC, and refers all questions of law to the Court.
22. GSK LLC is without knowledge or information sufficient to form a belief as to each
and every allegation contained in paragraphs “70”, “71”, “72”, “73”, “74”, “75” and “76” of the
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Complaint as they relate to other defendants, and therefore denies them, and refers all questions of
law to this honorable Court.
AS AND FOR A SIXTH CAUSE OF ACTION FOR MARKET SHARE LIABILITY, GSK
LLC ANSWERS AS FOLLOWS:
23. Repeats and reiterates each and every response hereinbefore made with the same
force and effect as though the same were set forth at length herein in response to paragraph “77”
of the Complaint.
24. GSK LLC is without knowledge or information sufficient to form a belief as to each
and every allegation contained in paragraphs “78”, “79”, “80”, “81”, “82”, “83”, “84”, “85”, “86”,
“87”, “88”, “89”, “90”, “91”, “92”,“93” and “94” of the Complaint, as they relate to other
defendants, and therefore denies them, and refers all questions of law to this honorable Court.
AS AND FOR A SEVENTH CAUSE OF ACTION FOR ALTERNATIVE/COLLECTIVE
LIABILITY, GSK LLC ANSWERS AS FOLLOWS:
25. Repeats and reiterates each and every response hereinbefore made with the same
force and effect as though the same were set forth at length herein in response to paragraph “95”
of the Complaint.
26. GSK LLC is without knowledge or information sufficient to form a belief as to the
truth of each and every allegation contained in paragraphs “96”, “97”, “98”, “99”, “100” and “101”
of the Complaint as they relate to other defendants and therefore denies them, and begs leave to
refer all questions of law to this honorable Court.
AS AND FOR AN EIGHTH CAUSE OF ACTION FRAUDULENT
MISREPRESENTATION AND CONSPIRACY/CONCERT OF ACTION, GSK LLC
ANSWERS AS FOLLOWS:
27. Repeats and reiterates each and every denial hereinbefore made with the same force
and effect as though the same were set forth at length herein in response to paragraph “102” of the
Complaint.
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28. GSK LLC denies each and every allegation contained in paragraphs “103”, “104”,
“105”, “106”, “107”, “108”, “110”, “112”, “113”, “114”, “115”, “117”, “121”, “122”, “123”,
“124”, “125”, “126”, “127”, “128”, “129”, “130”, “131”, “132”, “133”, “134”, “135”, “136”,
“138”, “139”, “140”, “141”, “142”, “143”, “144”, “145”, “146”, “147”, “148”, “149”, “150”,
“151”, “152”, “153”, “154”, “155”, “156”, “157”, “158”, “159”, “161”, “162” and “163” of the
Complaint to the extent that such allegations are directed towards GSK LLC, and begs leave to
refer all questions of law to this honorable Court.
29. GSK LLC is without knowledge or information sufficient to form a belief as to the
truth of each and every allegation contained in paragraphs “103”, “104”, “105”, “106”, “107”,
“108”, “110”, “112”, “113”, “114”, “115”, “117”, “121”, “122”, “123”, “124”, “125”, “126”,
“127”, “128”, “129”, “130”, “131”, “132”, “133”, “134”, “135”, “136”, “138”, “139”, “140”,
“141”, “142”, “143”, “144”, “145”, “146”, “147”, “148”, “149”, “150”, “151”, “152”, “153”,
“154”, “155”, “156”, “157”, “158”, “159”, “161”, “162” and “163” of the Complaint as they relate
to other defendants and therefore denies them, and begs leave to refer all questions of law to this
honorable Court.
30. GSK LLC is without knowledge or information sufficient to form a belief as to the
truth of each and every allegation contained in paragraphs “109”, “111”, “116”, “118”, “119”,
“120”, “137” and “160” of the Complaint and therefore denies them, and begs leave to refer all
questions of law to this honorable Court.
AS AND FOR A NINTH CAUSE OF ACTION FOR SPOUSAL LOSS OF
CONSORTIUM, GSK LLC ANSWERS AS FOLLOWS:
31. Repeats and reiterates each and every denial hereinbefore made with the same force
and effect as though the same were set forth at length herein in response to paragraph “164” of the
Complaint.
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32. GSK LLC denies any knowledge or information to form a belief as to the
allegations contained in paragraph “165” of the Complaint and therefore denies them, and begs
leave to refer all questions of law to this honorable Court.
AS AND FOR A TENTH CAUSE OF ACTION FOR WRONGFUL DEATH, GSK LLC
ANSWERS AS FOLLOWS:
33. Repeats and reiterates each and every denial hereinbefore made with the same force
and effect as though the same were set forth at length herein in response to paragraph “166” of the
Complaint.
34. GSK LLC denies each and every allegation contained in paragraph “167” of the
Complaint to the extent that such allegations are directed towards GSK LLC, and refers all
questions of law to the Court.
35. GSK LLC is without knowledge or information sufficient to form a belief as to the
truth of each and every allegation contained in paragraph “167” of the Complaint as they relate to
other defendants and therefore denies them, and begs leave to refer all questions of law to this
honorable Court.
AS AND FOR AN ELEVENTH CAUSE OF ACTION FOR PUNITIVE DAMAGES, GSK
LLC ANSWERS AS FOLLOWS:
36. Repeats and reiterates each and every denial hereinbefore made with the same force
and effect as though the same were set forth at length herein in response to paragraph “168” of the
Complaint.
37. GSK LLC denies each and every allegation contained in paragraph “169” of the
Complaint to the extent that such allegations are directed toward GSK LLC, and begs leave to refer
all questions of law to this honorable Court.
38. GSK LLC is without knowledge or information sufficient to form a belief as to the
truth of each and every allegation contained in paragraph “169” of the Complaint as they relate to
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other defendants and therefore denies them, and begs leave to refer all questions of law to this
honorable Court.
AS AND FOR A FIRST AFFIRMATIVE DEFENSE
GSK LLC ALLEGES UPON INFORMATION AND BELIEF
39. The Complaint fails to state a cause of action against Defendant.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE
DEFENDANT ALLEGES UPON INFORMATION AND BELIEF
40. This Court lacks jurisdiction over the subject matter of this action.
AS AND FOR A THIRD AFFIRMATIVE DEFENSE
DEFENDANT ALLEGES UPON INFORMATION AND BELIEF
41. The claims of plaintiffs are barred by the doctrine of laches.
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
DEFENDANT ALLEGES UPON INFORMATION AND BELIEF
42. The damages allegedly sustained by Plaintiff and Plaintiff’s Decedent were caused,
in whole or in part, by the negligence or other culpable conduct of the Plaintiff, Plaintiff’s Decedent
and/or Defendants other than GSK LLC, which conduct constituted a supervening cause of
Decedent’s alleged injuries.
AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
DEFENDANT ALLEGES UPON INFORMATION AND BELIEF
43. Insofar as the Complaint and each cause of action considered separately alleges a
cause of action occurring before September 1, 1975, each such cause of action is barred by reason
of the culpable conduct attributable to plaintiff, including contributory negligence and assumption
of the risk.
AS AND FOR A SIXTH AFFIRMATIVE DEFENSE
DEFENDANT ALLEGES UPON INFORMATION AND BELIEF
44. Any damages allegedly sustained by Plaintiff and/or Plaintiff’s Decedent were the
proximate result of the unforeseen and/or unforeseeable negligent, grossly negligent, wanton or
reckless omission or conduct of intervening third parties or superseding parties.
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AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE
DEFENDANT ALLEGES UPON INFORMATION AND BELIEF
45. The damages allegedly sustained by the Plaintiff and/or Plaintiff’s Decedent were
caused, in whole or in part, by the negligence or other culpable conduct of one or more persons or
instrumentalities over which Defendant had no control and with whom they had no legal
relationship.
AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE
DEFENDANT ALLEGES UPON INFORMATION AND BELIEF
46. The damages allegedly sustained by Plaintiff and/or Plaintiff’s Decedent were
caused, in whole or in part, through the operation of nature.
AS AND FOR A NINTH AFFIRMATIVE DEFENSE
DEFENDANT ALLEGES UPON INFORMATION AND BELIEF
47. If the Plaintiff and/or Plaintiff’s Decedent sustained damages as alleged, such
damages occurred while he was engaged in activities into which he entered knowing the hazard,
risk and danger of the activities and he assumed the risks incidental to and attendant to the
activities.
AS AND FOR A TENTH AFFIRMATIVE DEFENSE
DEFENDANT ALLEGES UPON INFORMATION AND BELIEF
48. The lawsuit was not commenced by the Plaintiff within the time prescribed by law
and therefore, are barred from recovery pursuant to applicable statutes of limitations.
AS AND FOR AN ELEVENTH AFFIRMATIVE DEFENSE
DEFENDANT ALLEGES UPON INFORMATION AND BELIEF
49. All claims brought under New York Law, L. 1986 c. 682 Section 4 (enacted July
31, 1986) are time-barred in that said statute is in violation of the Constitution of the United States
and the Constitution of the State of New York.
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AS AND FOR A TWELFTH AFFIRMATIVE DEFENSE
DEFENDANT ALLEGES UPON INFORMATION AND BELIEF
50. This action cannot be maintained, as there is another action pending for the same
relief.
AS AND FOR A THIRTEENTH AFFIRMATIVE DEFENSE
DEFENDANT ALLEGES UPON INFORMATION AND BELIEF
51. To the extent that any injury relating to the Plaintiff’s Decedent occurred in the
context of an employer-employee relationship, claims for said injuries are barred by the Workers'
Compensation Act.
AS AND FOR A FOURTEENTH AFFIRMATIVE DEFENSE
DEFENDANT ALLEGES UPON INFORMATION AND BELIEF
52. No acts or omissions of Defendant proximately caused any damages.
AS AND FOR A FIFTEENTH AFFIRMATIVE DEFENSE
DEFENDANT ALLEGES UPON INFORMATION AND BELIEF
53. The damages allegedly sustained by the Plaintiff and/or Plaintiff’s Decedent, which
allegedly arose from her use of or work with or around allegedly asbestos containing/contaminated
product or products associated with GSK LLC (the “Product(s)”) were caused, in whole or in part,
by the improper use of the Products, rather than any defect in the design, manufacture, production,
assemblage, installation, testing, labeling, marketing, distribution, sale or inspection of the
Products by GSK LLC.
AS AND FOR A SIXTEENTH AFFIRMATIVE DEFENSE
DEFENDANT ALLEGES UPON INFORMATION AND BELIEF
54. GSK LLC does not have successor liability for the Products or Products at issue.
AS AND FOR A SEVENTEENTH AFFIRMATIVE DEFENSE
DEFENDANT ALLEGES UPON INFORMATION AND BELIEF
55. The damages allegedly sustained by Plaintiff and/or Plaintiff’s Decedent which
allegedly arose from the Product or Products at issue with respect to Defendant were caused by
the alteration, misuse and/or improper maintenance of the products by one or more persons or
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instrumentalities other than Defendant, rather than any defect in the design, manufacture,
production, assemblage, installation, testing, labeling, marketing, distribution, sale or inspection
of the Product or Products by Defendant.
AS AND FOR AN EIGHTEENTH AFFIRMATIVE DEFENSE
DEFENDANT ALLEGES UPON INFORMATION AND BELIEF
56. Defendant is not liable for the damages allegedly sustained by Plaintiff and/or
Plaintiff’s Decedent because Plaintiff and/or Plaintiff’s Decedent was not in privity of contract
with Defendant at any time and the Products were not inherently dangerous.
AS AND FOR A NINETEENTH AFFIRMATIVE DEFENSE
DEFENDANT ALLEGES UPON INFORMATION AND BELIEF
57. The Product or Products were not defective or dangerous at any time when
Defendant had possession or control of it or them.
AS AND FOR A TWENTIETH AFFIRMATIVE DEFENSE
DEFENDANT ALLEGES UPON INFORMATION AND BELIEF
58. All implied warranties, including the warranties of merchantability and fitness for
a particular purpose, were excluded at the time of the sale of the Product or Products.
AS AND FOR A TWENTY-FIRST AFFIRMATIVE DEFENSE
DEFENDANT ALLEGES UPON INFORMATION AND BELIEF
59. No implied warranties, including the warranties of merchantability and fitness for
a particular purpose, became a part of the basis of the bargain in the sale of the Product or Products.
AS AND FOR A TWENTY-SECOND AFFIRMATIVE DEFENSE
DEFENDANT ALLEGES UPON INFORMATION AND BELIEF
60. Defendant is not liable to Plaintiff and or Plaintiff’s Decedent for the damages
alleged in the Complaint because such damages are excluded and not recoverable under express
warranty.
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AS AND FOR A TWENTY-THIRD AFFIRMATIVE DEFENSE
DEFENDANT ALLEGES UPON INFORMATION AND BELIEF
61. The purchaser of the Product or Products and all beneficiaries of any warranties,
express or implied, relating to the Product or Products failed to provide notice of the alleged
breaches of warranty to Defendant pursuant to the applicable provision of the Uniform
Commercial Code.
AS AND FOR A TWENTY-FOURTH AFFIRMATIVE DEFENSE
DEFENDANT ALLEGES UPON INFORMATION AND BELIEF
62. Oral warranties upon which Plaintiff and/or Plaintiff’s Decedent allegedly relied
are unavailable as violative of the provisions of the applicable Statute of Frauds.
AS AND FOR A TWENTY-FIFTH AFFIRMATIVE DEFENSE
DEFENDANT ALLEGES UPON INFORMATION AND BELIEF
63. To the extent that Plaintiff and/or Plaintiff’s Decedent sustained injuries from the
use of a Product alleged to contain asbestos, which is denied, Plaintiff and/or Plaintiff’s Decedent,
other defendants or other parties not under the control of Defendant misused, abused, misapplied
and otherwise mishandled the product or products alleged to be asbestos material. Therefore, the
amount of damages which may be recoverable must be diminished by the proportion which said
misuse, abuse, misapplication and mishandling bears to the conduct which caused the alleged
damage or injury.
AS AND FOR A TWENTY-SIXTH AFFIRMATIVE DEFENSE
DEFENDANT ALLEGES UPON INFORMATION AND BELIEF
64. In the event it should be proven at the time of trial that all the Defendants to this
action are subject to market share liability, which Defendant denies is available in this case, then
Defendant’s share of such liability would be of such a de minimis amount as to make its
contribution for damages negligible and Defendant would be entitled to contribution, either in
whole or in part, from co-Defendants.
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AS AND FOR A TWENTY-SEVENTH AFFIRMATIVE DEFENSE
DEFENDANT ALLEGES UPON INFORMATION AND BELIEF
65. The Products alleged in Plaintiff’s Complaint are not Products within the meaning
and scope of the Restatement of Torts Section 402A and as such, the Complaint fails to state a
cause of action in strict liability.
AS AND FOR A TWENTY-EIGHTH AFFIRMATIVE DEFENSE
DEFENDANT ALLEGES UPON INFORMATION AND BELIEF
66. Defendant had no knowledge or reason to know of any alleged risks associated with
asbestos and/or asbestos-containing Products at any time during the periods complained of.
AS AND FOR A TWENTY-NINTH AFFIRMATIVE DEFENSE
DEFENDANT ALLEGES UPON INFORMATION AND BELIEF
67. Plaintiff and/or Plaintiff’s Decedent did not directly or indirectly purchase any
asbestos-containing Products or materials from Defendant and Plaintiff and/or Plaintiff’s Decedent
did not either receive or rely upon any representation or warranty allegedly made by Defendant.
AS AND FOR A THIRTIETH AFFIRMATIVE DEFENSE
DEFENDANT ALLEGES UPON INFORMATION AND BELIEF
68. To the extent that Plaintiff and/or Plaintiff’s Decedent was exposed to any Product
containing asbestos as a result of conduct by Defendant, which is denied, said exposure was de
minimis and not a substantial contributing factor to any asbestos-related disease which Plaintiff
and/or Plaintiff’s Decedent may have developed, and not actionable at law or equity.
AS AND FOR A THIRTY-FIRST AFFIRMATIVE DEFENSE
DEFENDANT ALLEGES UPON INFORMATION AND BELIEF
69. Exposure to asbestos fibers attributable to the product or products, which is denied,
is so minimal as to be insufficient to establish to a reasonable degree of probability that the Product
or Products are capable of causing injury or damages and must be considered speculative as a
matter of law.
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AS AND FOR A THIRTY-SECOND AFFIRMATIVE DEFENSE
DEFENDANT ALLEGES UPON INFORMATION AND BELIEF
70. Finished asbestos-containing Products are not unreasonably dangerous as a matter
of law.
AS AND FOR A THIRTY-THIRD AFFIRMATIVE DEFENSE
DEFENDANT ALLEGES UPON INFORMATION AND BELIEF
71. If Defendant was on notice of any hazard or defect for which Plaintiff seeks relief,
which Defendant denies, Plaintiff and/or Plaintiff’s Decedent also had such notice and is thereby
barred from recovery.
AS AND FOR A THIRTY-FOURTH AFFIRMATIVE DEFENSE
DEFENDANT ALLEGES UPON INFORMATION AND BELIEF
72. Any damages must be reduced by the value of the benefit received by Plaintiff
and/or Plaintiff’s Decedent from the use of Defendant’s product or products.
AS AND FOR A THIRTY-FIFTH AFFIRMATIVE DEFENSE
DEFENDANT ALLEGES UPON INFORMATION AND BELIEF
73. There is no justiciable issue or controversy.
AS AND FOR A THIRTY-SIXTH AFFIRMATIVE DEFENSE
DEFENDANT ALLEGES UPON INFORMATION AND BELIEF
74. The claims for damages have not accrued and are purely speculative, uncertain and
contingent.
AS AND FOR A THIRTY-SEVENTH AFFIRMATIVE DEFENSE
DEFENDANT ALLEGES UPON INFORMATION AND BELIEF
75. Plaintiff and/or Plaintiff’s Decedent acted voluntarily, unnecessarily, prematurely,
with no evidence of injury to anyone at any job locations.
AS AND FOR A THIRTY-EIGHTH AFFIRMATIVE DEFENSE
DEFENDANT ALLEGES UPON INFORMATION AND BELIEF
76. None of the alleged injuries or damages was foreseeable at the time complained of
in the Complaint.
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AS AND FOR A THIRTY-NINTH AFFIRMATIVE DEFENSE
DEFENDANT ALLEGES UPON INFORMATION AND BELIEF
77. Defendant was under no duty to warn purchasers, those who performed work or
those under their control were in a better position to warn.
AS AND FOR A FORTIETH AFFIRMATIVE DEFENSE
DEFENDANT ALLEGES UPON INFORMATION AND BELIEF
78. Plaintiff and/or Plaintiff’s Decedent was warned of the risks of exposure to and use
of asbestos-containing materials.
AS AND FOR A FORTY-FIRST AFFIRMATIVE DEFENSE
DEFENDANT ALLEGES UPON INFORMATION AND BELIEF
79. Plaintiff’s claims are barred as a matter of public policies, since social utility and
benefit of asbestos-containing products outweighed the risk.
AS AND FOR A FORTY-SECOND AFFIRMATIVE DEFENSE
DEFENDANT ALLEGES UPON INFORMATION AND BELIEF
80. To the extent that Plaintiff seeks to maintain a claim for relief on behalf of
Plaintiff’s Decedent, Plaintiff lacks capacity and/or standing to maintain such claim for relief
against Defendant.
AS AND FOR A FORTY-THIRD AFFIRMATIVE DEFENSE
DEFENDANT ALLEGES UPON INFORMATION AND BELIEF
81. Plaintiff’s claims are barred because of Plaintiffs’ failure to join necessary and
indispensable parties.
AS AND FOR A FORTY-FOURTH AFFIRMATIVE DEFENSE
DEFEDANTS ALLEGES UPON INFORMATION AND BELIEF
82. Plaintiff may not bring this action as they have failed to exhaust all of their
administrative remedies.
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AS AND FOR A FORTY-FIFTH AFFIRMATIVE DEFENSE
DEFENDANT ALLEGES UPON INFORMATION AND BELIEF
83. Plaintiff and/or Plaintiff’s Decedent failed to mitigate or otherwise act to lessen or
reduce the injuries alleged in the Complaint.
AS AND FOR A FORTY-SIXTH AFFIRMATIVE DEFENSE
DEFENDANT ALLEGES UPON INFORMATION AND BELIEF
84. Plaintiff’s demands for exemplary or punitive damages are barred because such
damages are not recoverable or warranted in this action.
AS AND FOR A FORTY-SEVENTH AFFIRMATIVE DEFENSE
DEFENDANT ALLEGES UPON INFORMATION AND BELIEF
85. Plaintiff’s demands for punitive damages are barred by the due process clauses of
the Fourteenth Amendment to the United States Constitution and the New York State Constitution.
AS AND FOR A FORTY-EIGHTH AFFIRMATIVE DEFENSE
DEFENDANT ALLEGES UPON INFORMATION AND BELIEF
86. Plaintiff’s demands for punitive damages are barred by the proscription of the
Eighth Amendment to the United States Constitution, as applied to the states through the
Fourteenth Amendment, and Article I, Section 5 of the New York State Constitution prohibiting
the imposition of excessive fines.
AS AND FOR A FORTY-NINTH AFFIRMATIVE DEFENSE
DEFENDANT ALLEGES UPON INFORMATION AND BELIEF
87. Plaintiff’s demands for punitive damages are barred by the "double jeopardy"
clause of the Fifth Amendment to the United States Constitution, as applied to the states through
the Fourteenth Amendment, and Article I, Section 6 of the New York State Constitution.
AS AND FOR A FIFTIETH AFFIRMATIVE DEFENSE
DEFENDANT ALLEGES UPON INFORMATION AND BELIEF
88. If Plaintiff’s Decedent sustained injuries in the manner alleged, all of which has
been denied by Defendant, the liability of Defendant, if any, shall be limited in accordance with
Article 16 of the Civil Practice Law and Rules.
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AS AND FOR A FIFTY-FIRST AFFIRMATIVE DEFENSE
DEFENDANT ALLEGES UPON INFORMATION AND BELIEF
89. At all times relevant to this litigation, Defendant complied with all applicable laws,
regulations and standards.
AS AND FOR A FIFTY-SECOND AFFIRMATIVE DEFENSE
DEFENDANT ALLEGES UPON INFORMATION AND BELIEF
90. Relief is barred by virtue of the doctrines of estoppel and waiver.
AS AND FOR A FIFTY-THIRD AFFIRMATIVE DEFENSE
DEFENDANT ALLEGESUPON INFORMATION AND BELIEF
91. At all times relevant to this litigation, the agents, servants and/or employees of
Defendant utilized proper methods in the conduct of their operations in conformity with the
available knowledge and research of the scientific and industrial communities.
AS AND FOR A FIFTY-FOURTH AFFIRMATIVE DEFENSE
DEFENDANT ALLEGES UPON INFORMATION AND BELIEF
92. Plaintiff and or Plaintiff’s Decedent contributed to their injuries, either in whole or
in part, by exposure to or the use of tobacco products and/or other substances, products,
medications or drugs.
AS AND FOR A FIFTY-FIFTH AFFIRMATIVE DEFENSE
DEFENDANT ALLEGES UPON INFORMATION AND BELIEF
93. Some or all of the causes of action may not be maintained because of arbitration
and award.
AS AND FOR A FIFTY-SIXTH AFFIRMATIVE DEFENSE
DEFENDANT ALLEGES UPON INFORMATION AND BELIEF
94. Some or all of the causes of action may not be maintained because of collateral
estoppel.
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AS AND FOR A FIFTY-SEVENTH AFFIRMATIVE DEFENSE
DEFENDANT ALLEGES UPON INFORMATION AND BELIEF
95. Some or all of the causes of action may not be maintained because of discharge in
bankruptcy.
AS AND FOR A FIFTY-EIGHTH AFFIRMATIVE DEFENSE
DEFENDANT ALLEGES UPON INFORMATION AND BELIEF
96. Some or all of the causes of action may not be maintained because of payment.
AS AND FOR A FIFTY-NINTH AFFIRMATIVE DEFENSE
DEFENDANT ALLEGES UPON INFORMATION AND BELIEF
97. Some or all of the causes of action may not be maintained because of release.
AS AND FOR A SIXTIETH AFFIRMATIVE DEFENSE
DEFENDANT ALLEGES UPON INFORMATION AND BELIEF
98. Some or all of the causes of action may not be maintained because of res judicata.
AS AND FOR A SIXTY-FIRST AFFIRMATIVE DEFENSE
DEFENDANT ALLEGES UPON INFORMATION AND BELIEF
99. All defenses which have been or will be asserted by other Defendant and/or any
third-party Defendant in this action are adopted and incorporated by reference as if fully set forth
at length as defenses to Plaintiffs’ Complaint. In addition, Defendant will rely upon any and all
other and further defenses which become available or appear during discovery proceedings in this
action and hereby specifically reserve the right to amend their answer for the purposes of asserting
any such additional affirmative defenses.
AS AND FOR A SIXTY-SECOND AFFIRMATIVE DEFENSE
DEFENDANT ALLEGES UPON INFORMATION AND BELIEF
100. To the extent Plaintiffs bring suit in their representative capacity, Plaintiffs have
failed to allege sufficient facts to demonstrate legal capacity to sue pursuant to New York Estate
Powers and Trusts Law §5-1.1 to 5-4.6.
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AS AND FOR A SIXTY-THIRD AFFIRMATIVE DEFENSE
DEFENDANT ALLEGES UPON INFORMATION AND BELIEF
101. Defendant owed no duty to Plaintiff or Plaintiff’s Decedent.
AS AND FOR A SIXTY-FOURTH AFFIRMATIVE DEFENSE
DEFENDANT ALLEGES UPON INFORMATION AND BELIEF
102. Defendant did not voluntarily assume a duty to Plaintiff or Plaintiff’s Decedent.
AS AND FOR A SIXTY-FIFTH AFFIRMATIVE DEFENSE
DEFENDANT ALLEGES UPON INFORMATION AND BELIEF
103. Defendant had no duty to control the conduct of third parties, so as to prevent those
third parties from harming Plaintiff or Plaintiff’s Decedent.
AS AND FOR A SIXTY-SIXTH AFFIRMATIVE DEFENSE
DEFENDANT ALLEGES UPON INFORMATION AND BELIEF
104. Plaintiff cannot impose a duty upon Defendant based upon a statute, regulation or
other law that does not apply to Defendant.
AS AND FOR AN SIXTY-SEVENTH AFFIRMATIVE DEFENSE
DEFENDANT ALLEGES UPON INFORMATION AND BELIEF
105. The injuries suffered by Plaintiff and/or Plaintiff’s Decedent if any, were
proximately caused in whole or in part by sensitivities and idiosyncrasies peculiar to Plaintiff not
found in the general public.
AS AND FOR A SIXTY-EIGHTH AFFIRMATIVE DEFENSE
DEFENDANT ALLEGES UPON INFORMATION AND BELIEF
106. The injuries suffered by Plaintiff and/or Plaintiff’s Decedent are due to a pre-
existing genetic condition and were not proximately caused in whole or in part by Defendant.
AS AND FOR AN SIXTY-NINTH AFFIRMATIVE DEFENSE,
DEFENDANT ALLEGES UPON INFORMATION AND BELIEF
107. This Court lacks personal jurisdiction over Defendant based upon improper service.
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AS AND FOR AN SEVENTIETH AFFIRMATIVE DEFENSE,
DEFENDANT ALLEGES UPON INFORMATION AND BELIEF
108. This Court lacks general and specific personal jurisdiction over Defendant pursuant
to the Supreme Court of the United States decisions in Daimler AG v. Bauman, 571 U.S. 117
(2014) and Bristol-Myers Squibb Co. v. Superior Court of California, 137 S. Ct. 1773 (2017), as
well as other New York State Law and Federal Law.
AS AND FOR A SEVENTY-FIRST AFFIRMATIVE DEFENSE
DEFENDANT ALLEGES UPON INFORMATION AND BELIEF
109. Defendant’s labels, warnings and/or instructions were at all times in conformity
with the generally recognized state of knowledge at the time such labels, warnings and/or
instructions were issued.
AS AND FOR A SEVENTY-SECOND AFFIRMATIVE DEFENSE
DEFENDANT ALLEGES UPON INFORMATION AND BELIEF
110. Any label on the Product or Products at issue complied with all applicable federal
regulations, such that Plaintiff’s claims for defective labeling are preempted.
CROSS CLAIMS
GSK LLC, by way of cross claims states:
111. Without admitting any liability therein, GSK LLC asserts that should liability be
found against GSK LLC, it is entitled to and hereby claims contribution from all co-defendants
and any future third party defendants.
112. While GSK LLC denies that it is negligent or liable in any regard, GSK LLC asserts
that its negligence or liability, if any, was passive, vicarious and imputed, whereas the negligence
or liability of the co-defendants and any future third party defendants was active and primary.
113. While GSK LLC denies any negligence or liability in this action, GSK LLC st
Preview
FILED: NEW YORK COUNTY CLERK 03/20/2023 02:24 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 03/20/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK - -------------------------------------------------------------------- X : DAN ALBASRY, as Trustee of the Estate of NEWAL : Index No.: 190002-2023 AL SAAD, and FIRAS MOHAMMAD, : : VERIFIED ANSWER INCLUDING Plaintiffs, : AFFIRMATIVE DEFENSES AND : CROSS CLAIMS TO PLAINTIFF’S - against - : FIRST AMENDED COMPLAINT : BARRETTS MINERALS, INC., et al. : : -- ------------------------------------------------------------------- X Defendant GLAXOSMITHKLINE LLC, incorrectly sued herein as “GlaxoSmithKline LLC, (sued individually d/b/a and as successor to Yardley of London, Yardley of London Ltd., Yardley of London (U.S.) LLC, SmithKline Beecham PLC and Beecham Group LLC)”, (hereinafter “GSK LLC” or “Defendant”), by their attorneys Harris Beach, PLLC, by way of a Verified Answer to Plaintiff’s Verified First Amended Complaint (the “Complaint”) states as follows: THE PARTIES 1. GSK LLC denies any knowledge or information to form a belief as to the allegations contained in paragraphs “1”, “2”, “3”, “4” and “5” of the Complaint and begs leave to refer all questions of law to this honorable Court. 2. GSK LLC denies any knowledge or information sufficient to form a belief as to the allegations contained in paragraphs “5”, “6”, “7”, “8”, “9”, “10”, “11’ and “12” of the Complaint as they relate to other defendants, and therefore denies them, and refers all questions of law to this honorable Court. 3. GSK LLC denies each and every allegation contained in paragraph “13” of the Complaint, except admits that GSK LLC is a foreign limited liability company. 1 of 23 FILED: NEW YORK COUNTY CLERK 03/20/2023 02:24 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 03/20/2023 4. GSK LLC denies any knowledge or information sufficient to form a belief as to the allegations contained in paragraphs “14”, “15”, “16”, “17”, “18”, “19”, “20”, “21” and “22” of the Complaint as they relate to other defendants, and therefore denies them, and refers all questions of law to this honorable Court. 5. As “Defendants” refers to GSK LLC, GSK LLC denies the allegations contained in paragraphs “23”, “24” and “25” of the Complaint, and begs leave to refer all questions of law to this honorable Court. 6. As “Defendants” refers to parties other than GSK LLC, GSK LLC denies any knowledge or information sufficient to form a belief as to the allegations contained in paragraphs “23”, “24” and “25” of the Complaint. 7. GSK LLC denies any knowledge or information sufficient to form a belief as to the allegations contained in paragraph “26” of the Complaint, and therefore denies them, and refers all questions of law to this honorable Court. AS AND FOR A FIRST CAUSE OF ACTION SOUNDING IN NEGLIGENCE, GSK LLC ANSWERS AS FOLLOWS: 8. Repeats and reiterates each and every response hereinbefore made with the same force and effect as though the same were set forth at length herein in response to paragraph “27” of the Complaint. 9. GSK LLC denies each and every allegation contained in paragraphs “28”, “29”, “30”, “31”, “32”, “33”, “34”, “35(a-s)”, “36”, “37”, “38”, “39”, “40(a-c)”, “41”, “42” and “43”of the Complaint to the extent that such allegations are directed towards GSK LLC, and begs leave to refer all questions of law to this honorable Court. 10. GSK LLC is without knowledge or information sufficient to form a belief as to the truth of each and every allegation contained in paragraphs “28”, “29”, “30”, “31”, “32”, “33”, 2 of 23 FILED: NEW YORK COUNTY CLERK 03/20/2023 02:24 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 03/20/2023 “34”, “35(a-s)”, “36”, “37”, “38”, “39”, “40(a-c)”, “41”, “42” and “43”of the Complaint as they relate to other defendants and therefore denies them, and begs leave to refer all questions of law to this honorable Court. AS AND FOR A SECOND CAUSE OF ACTION SOUNDING IN NEGLIGENCE PER SE GSK LLC ANSWERS AS FOLLOWS: 11. Repeats and reiterates each and every response hereinbefore made with the same force and effect as though the same were set forth at length herein in response to paragraph “44” of the Complaint. 12. GSK LLC denies each and every allegation contained in paragraphs “45”, “46”, “47”, “48”, “49” and “50” of the Complaint to the extent that such allegations are directed towards GSK LLC, and refers all questions of law to this honorable Court. 13. GSK LLC is without knowledge or information sufficient to form a belief as to the truth of each and every allegation contained in paragraphs “45”, “46”, “47”, “48”, “49” and “50” of the Complaint as they relate to other defendants and therefore denies them, and begs leave to refer all questions of law to this honorable Court. AS AND FOR A THIRD CAUSE OF ACTION SOUNDING IN STRICT LIABILITY, GSK LLC ANSWERS AS FOLLOWS: 14. Repeats and reiterates each and every response hereinbefore made with the same force and effect as though the same were set forth at length herein in response to paragraph “51” of the Complaint. 15. GSK LLC denies each and every allegation contained in paragraphs “52”, “53”, “54”, “55”, “56”, “57”, “58”, “59” and “60” of the Complaint to the extent that such allegations are directed towards GSK LLC, and refers all questions of law to this honorable Court. 16. GSK LLC is without knowledge or information sufficient to form a belief as to the truth of each and every allegation contained in paragraphs “52”, “53”, “54”, “55”, “56”, “57”, 3 of 23 FILED: NEW YORK COUNTY CLERK 03/20/2023 02:24 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 03/20/2023 “58”, “59” and “60” of the Complaint as they relate to other defendants, and therefore denies them, and refers all questions of law to this honorable Court. AS AND FOR A FOURTH CAUSE OF ACTION SOUNDING IN MANUFACTURING DEFECT, GSK LLC ANSWERS AS FOLLOWS: 17. Repeats and reiterates each and every response hereinbefore made with the same force and effect as though the same were set forth at length herein in response to paragraph “61” of the Complaint. 18. GSK LLC denies each and every allegation contained in paragraphs “62”, “63”, “64”, “65”, “66”, “67” and “68” of the Complaint to the extent that such allegations are directed towards GSK LLC, and refers all questions of law to the Court. 19. GSK LLC is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraphs “62”, “63”, “64”, “65”, “66”, “67” and “68” of the Complaint as they relate to other defendants, and therefore denies them, and refers all questions of law to this honorable Court. AS AND FOR A FIFTH CAUSE OF ACTION SOUNDING IN DESIGN DEFECT, GSK LLC ANSWERS AS FOLLOWS: 20. Repeats and reiterates each and every response hereinbefore made with the same force and effect as though the same were set forth at length herein in response to paragraph “69” of the Complaint. 21. GSK LLC denies each and every allegation contained in paragraphs “70”, “71”, “72”, “73”, “74”, “75” and “76” of the Complaint to the extent that such allegations are directed towards GSK LLC, and refers all questions of law to the Court. 22. GSK LLC is without knowledge or information sufficient to form a belief as to each and every allegation contained in paragraphs “70”, “71”, “72”, “73”, “74”, “75” and “76” of the 4 of 23 FILED: NEW YORK COUNTY CLERK 03/20/2023 02:24 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 03/20/2023 Complaint as they relate to other defendants, and therefore denies them, and refers all questions of law to this honorable Court. AS AND FOR A SIXTH CAUSE OF ACTION FOR MARKET SHARE LIABILITY, GSK LLC ANSWERS AS FOLLOWS: 23. Repeats and reiterates each and every response hereinbefore made with the same force and effect as though the same were set forth at length herein in response to paragraph “77” of the Complaint. 24. GSK LLC is without knowledge or information sufficient to form a belief as to each and every allegation contained in paragraphs “78”, “79”, “80”, “81”, “82”, “83”, “84”, “85”, “86”, “87”, “88”, “89”, “90”, “91”, “92”,“93” and “94” of the Complaint, as they relate to other defendants, and therefore denies them, and refers all questions of law to this honorable Court. AS AND FOR A SEVENTH CAUSE OF ACTION FOR ALTERNATIVE/COLLECTIVE LIABILITY, GSK LLC ANSWERS AS FOLLOWS: 25. Repeats and reiterates each and every response hereinbefore made with the same force and effect as though the same were set forth at length herein in response to paragraph “95” of the Complaint. 26. GSK LLC is without knowledge or information sufficient to form a belief as to the truth of each and every allegation contained in paragraphs “96”, “97”, “98”, “99”, “100” and “101” of the Complaint as they relate to other defendants and therefore denies them, and begs leave to refer all questions of law to this honorable Court. AS AND FOR AN EIGHTH CAUSE OF ACTION FRAUDULENT MISREPRESENTATION AND CONSPIRACY/CONCERT OF ACTION, GSK LLC ANSWERS AS FOLLOWS: 27. Repeats and reiterates each and every denial hereinbefore made with the same force and effect as though the same were set forth at length herein in response to paragraph “102” of the Complaint. 5 of 23 FILED: NEW YORK COUNTY CLERK 03/20/2023 02:24 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 03/20/2023 28. GSK LLC denies each and every allegation contained in paragraphs “103”, “104”, “105”, “106”, “107”, “108”, “110”, “112”, “113”, “114”, “115”, “117”, “121”, “122”, “123”, “124”, “125”, “126”, “127”, “128”, “129”, “130”, “131”, “132”, “133”, “134”, “135”, “136”, “138”, “139”, “140”, “141”, “142”, “143”, “144”, “145”, “146”, “147”, “148”, “149”, “150”, “151”, “152”, “153”, “154”, “155”, “156”, “157”, “158”, “159”, “161”, “162” and “163” of the Complaint to the extent that such allegations are directed towards GSK LLC, and begs leave to refer all questions of law to this honorable Court. 29. GSK LLC is without knowledge or information sufficient to form a belief as to the truth of each and every allegation contained in paragraphs “103”, “104”, “105”, “106”, “107”, “108”, “110”, “112”, “113”, “114”, “115”, “117”, “121”, “122”, “123”, “124”, “125”, “126”, “127”, “128”, “129”, “130”, “131”, “132”, “133”, “134”, “135”, “136”, “138”, “139”, “140”, “141”, “142”, “143”, “144”, “145”, “146”, “147”, “148”, “149”, “150”, “151”, “152”, “153”, “154”, “155”, “156”, “157”, “158”, “159”, “161”, “162” and “163” of the Complaint as they relate to other defendants and therefore denies them, and begs leave to refer all questions of law to this honorable Court. 30. GSK LLC is without knowledge or information sufficient to form a belief as to the truth of each and every allegation contained in paragraphs “109”, “111”, “116”, “118”, “119”, “120”, “137” and “160” of the Complaint and therefore denies them, and begs leave to refer all questions of law to this honorable Court. AS AND FOR A NINTH CAUSE OF ACTION FOR SPOUSAL LOSS OF CONSORTIUM, GSK LLC ANSWERS AS FOLLOWS: 31. Repeats and reiterates each and every denial hereinbefore made with the same force and effect as though the same were set forth at length herein in response to paragraph “164” of the Complaint. 6 of 23 FILED: NEW YORK COUNTY CLERK 03/20/2023 02:24 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 03/20/2023 32. GSK LLC denies any knowledge or information to form a belief as to the allegations contained in paragraph “165” of the Complaint and therefore denies them, and begs leave to refer all questions of law to this honorable Court. AS AND FOR A TENTH CAUSE OF ACTION FOR WRONGFUL DEATH, GSK LLC ANSWERS AS FOLLOWS: 33. Repeats and reiterates each and every denial hereinbefore made with the same force and effect as though the same were set forth at length herein in response to paragraph “166” of the Complaint. 34. GSK LLC denies each and every allegation contained in paragraph “167” of the Complaint to the extent that such allegations are directed towards GSK LLC, and refers all questions of law to the Court. 35. GSK LLC is without knowledge or information sufficient to form a belief as to the truth of each and every allegation contained in paragraph “167” of the Complaint as they relate to other defendants and therefore denies them, and begs leave to refer all questions of law to this honorable Court. AS AND FOR AN ELEVENTH CAUSE OF ACTION FOR PUNITIVE DAMAGES, GSK LLC ANSWERS AS FOLLOWS: 36. Repeats and reiterates each and every denial hereinbefore made with the same force and effect as though the same were set forth at length herein in response to paragraph “168” of the Complaint. 37. GSK LLC denies each and every allegation contained in paragraph “169” of the Complaint to the extent that such allegations are directed toward GSK LLC, and begs leave to refer all questions of law to this honorable Court. 38. GSK LLC is without knowledge or information sufficient to form a belief as to the truth of each and every allegation contained in paragraph “169” of the Complaint as they relate to 7 of 23 FILED: NEW YORK COUNTY CLERK 03/20/2023 02:24 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 03/20/2023 other defendants and therefore denies them, and begs leave to refer all questions of law to this honorable Court. AS AND FOR A FIRST AFFIRMATIVE DEFENSE GSK LLC ALLEGES UPON INFORMATION AND BELIEF 39. The Complaint fails to state a cause of action against Defendant. AS AND FOR A SECOND AFFIRMATIVE DEFENSE DEFENDANT ALLEGES UPON INFORMATION AND BELIEF 40. This Court lacks jurisdiction over the subject matter of this action. AS AND FOR A THIRD AFFIRMATIVE DEFENSE DEFENDANT ALLEGES UPON INFORMATION AND BELIEF 41. The claims of plaintiffs are barred by the doctrine of laches. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE DEFENDANT ALLEGES UPON INFORMATION AND BELIEF 42. The damages allegedly sustained by Plaintiff and Plaintiff’s Decedent were caused, in whole or in part, by the negligence or other culpable conduct of the Plaintiff, Plaintiff’s Decedent and/or Defendants other than GSK LLC, which conduct constituted a supervening cause of Decedent’s alleged injuries. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE DEFENDANT ALLEGES UPON INFORMATION AND BELIEF 43. Insofar as the Complaint and each cause of action considered separately alleges a cause of action occurring before September 1, 1975, each such cause of action is barred by reason of the culpable conduct attributable to plaintiff, including contributory negligence and assumption of the risk. AS AND FOR A SIXTH AFFIRMATIVE DEFENSE DEFENDANT ALLEGES UPON INFORMATION AND BELIEF 44. Any damages allegedly sustained by Plaintiff and/or Plaintiff’s Decedent were the proximate result of the unforeseen and/or unforeseeable negligent, grossly negligent, wanton or reckless omission or conduct of intervening third parties or superseding parties. 8 of 23 FILED: NEW YORK COUNTY CLERK 03/20/2023 02:24 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 03/20/2023 AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE DEFENDANT ALLEGES UPON INFORMATION AND BELIEF 45. The damages allegedly sustained by the Plaintiff and/or Plaintiff’s Decedent were caused, in whole or in part, by the negligence or other culpable conduct of one or more persons or instrumentalities over which Defendant had no control and with whom they had no legal relationship. AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE DEFENDANT ALLEGES UPON INFORMATION AND BELIEF 46. The damages allegedly sustained by Plaintiff and/or Plaintiff’s Decedent were caused, in whole or in part, through the operation of nature. AS AND FOR A NINTH AFFIRMATIVE DEFENSE DEFENDANT ALLEGES UPON INFORMATION AND BELIEF 47. If the Plaintiff and/or Plaintiff’s Decedent sustained damages as alleged, such damages occurred while he was engaged in activities into which he entered knowing the hazard, risk and danger of the activities and he assumed the risks incidental to and attendant to the activities. AS AND FOR A TENTH AFFIRMATIVE DEFENSE DEFENDANT ALLEGES UPON INFORMATION AND BELIEF 48. The lawsuit was not commenced by the Plaintiff within the time prescribed by law and therefore, are barred from recovery pursuant to applicable statutes of limitations. AS AND FOR AN ELEVENTH AFFIRMATIVE DEFENSE DEFENDANT ALLEGES UPON INFORMATION AND BELIEF 49. All claims brought under New York Law, L. 1986 c. 682 Section 4 (enacted July 31, 1986) are time-barred in that said statute is in violation of the Constitution of the United States and the Constitution of the State of New York. 9 of 23 FILED: NEW YORK COUNTY CLERK 03/20/2023 02:24 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 03/20/2023 AS AND FOR A TWELFTH AFFIRMATIVE DEFENSE DEFENDANT ALLEGES UPON INFORMATION AND BELIEF 50. This action cannot be maintained, as there is another action pending for the same relief. AS AND FOR A THIRTEENTH AFFIRMATIVE DEFENSE DEFENDANT ALLEGES UPON INFORMATION AND BELIEF 51. To the extent that any injury relating to the Plaintiff’s Decedent occurred in the context of an employer-employee relationship, claims for said injuries are barred by the Workers' Compensation Act. AS AND FOR A FOURTEENTH AFFIRMATIVE DEFENSE DEFENDANT ALLEGES UPON INFORMATION AND BELIEF 52. No acts or omissions of Defendant proximately caused any damages. AS AND FOR A FIFTEENTH AFFIRMATIVE DEFENSE DEFENDANT ALLEGES UPON INFORMATION AND BELIEF 53. The damages allegedly sustained by the Plaintiff and/or Plaintiff’s Decedent, which allegedly arose from her use of or work with or around allegedly asbestos containing/contaminated product or products associated with GSK LLC (the “Product(s)”) were caused, in whole or in part, by the improper use of the Products, rather than any defect in the design, manufacture, production, assemblage, installation, testing, labeling, marketing, distribution, sale or inspection of the Products by GSK LLC. AS AND FOR A SIXTEENTH AFFIRMATIVE DEFENSE DEFENDANT ALLEGES UPON INFORMATION AND BELIEF 54. GSK LLC does not have successor liability for the Products or Products at issue. AS AND FOR A SEVENTEENTH AFFIRMATIVE DEFENSE DEFENDANT ALLEGES UPON INFORMATION AND BELIEF 55. The damages allegedly sustained by Plaintiff and/or Plaintiff’s Decedent which allegedly arose from the Product or Products at issue with respect to Defendant were caused by the alteration, misuse and/or improper maintenance of the products by one or more persons or 10 of 23 FILED: NEW YORK COUNTY CLERK 03/20/2023 02:24 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 03/20/2023 instrumentalities other than Defendant, rather than any defect in the design, manufacture, production, assemblage, installation, testing, labeling, marketing, distribution, sale or inspection of the Product or Products by Defendant. AS AND FOR AN EIGHTEENTH AFFIRMATIVE DEFENSE DEFENDANT ALLEGES UPON INFORMATION AND BELIEF 56. Defendant is not liable for the damages allegedly sustained by Plaintiff and/or Plaintiff’s Decedent because Plaintiff and/or Plaintiff’s Decedent was not in privity of contract with Defendant at any time and the Products were not inherently dangerous. AS AND FOR A NINETEENTH AFFIRMATIVE DEFENSE DEFENDANT ALLEGES UPON INFORMATION AND BELIEF 57. The Product or Products were not defective or dangerous at any time when Defendant had possession or control of it or them. AS AND FOR A TWENTIETH AFFIRMATIVE DEFENSE DEFENDANT ALLEGES UPON INFORMATION AND BELIEF 58. All implied warranties, including the warranties of merchantability and fitness for a particular purpose, were excluded at the time of the sale of the Product or Products. AS AND FOR A TWENTY-FIRST AFFIRMATIVE DEFENSE DEFENDANT ALLEGES UPON INFORMATION AND BELIEF 59. No implied warranties, including the warranties of merchantability and fitness for a particular purpose, became a part of the basis of the bargain in the sale of the Product or Products. AS AND FOR A TWENTY-SECOND AFFIRMATIVE DEFENSE DEFENDANT ALLEGES UPON INFORMATION AND BELIEF 60. Defendant is not liable to Plaintiff and or Plaintiff’s Decedent for the damages alleged in the Complaint because such damages are excluded and not recoverable under express warranty. 11 of 23 FILED: NEW YORK COUNTY CLERK 03/20/2023 02:24 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 03/20/2023 AS AND FOR A TWENTY-THIRD AFFIRMATIVE DEFENSE DEFENDANT ALLEGES UPON INFORMATION AND BELIEF 61. The purchaser of the Product or Products and all beneficiaries of any warranties, express or implied, relating to the Product or Products failed to provide notice of the alleged breaches of warranty to Defendant pursuant to the applicable provision of the Uniform Commercial Code. AS AND FOR A TWENTY-FOURTH AFFIRMATIVE DEFENSE DEFENDANT ALLEGES UPON INFORMATION AND BELIEF 62. Oral warranties upon which Plaintiff and/or Plaintiff’s Decedent allegedly relied are unavailable as violative of the provisions of the applicable Statute of Frauds. AS AND FOR A TWENTY-FIFTH AFFIRMATIVE DEFENSE DEFENDANT ALLEGES UPON INFORMATION AND BELIEF 63. To the extent that Plaintiff and/or Plaintiff’s Decedent sustained injuries from the use of a Product alleged to contain asbestos, which is denied, Plaintiff and/or Plaintiff’s Decedent, other defendants or other parties not under the control of Defendant misused, abused, misapplied and otherwise mishandled the product or products alleged to be asbestos material. Therefore, the amount of damages which may be recoverable must be diminished by the proportion which said misuse, abuse, misapplication and mishandling bears to the conduct which caused the alleged damage or injury. AS AND FOR A TWENTY-SIXTH AFFIRMATIVE DEFENSE DEFENDANT ALLEGES UPON INFORMATION AND BELIEF 64. In the event it should be proven at the time of trial that all the Defendants to this action are subject to market share liability, which Defendant denies is available in this case, then Defendant’s share of such liability would be of such a de minimis amount as to make its contribution for damages negligible and Defendant would be entitled to contribution, either in whole or in part, from co-Defendants. 12 of 23 FILED: NEW YORK COUNTY CLERK 03/20/2023 02:24 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 03/20/2023 AS AND FOR A TWENTY-SEVENTH AFFIRMATIVE DEFENSE DEFENDANT ALLEGES UPON INFORMATION AND BELIEF 65. The Products alleged in Plaintiff’s Complaint are not Products within the meaning and scope of the Restatement of Torts Section 402A and as such, the Complaint fails to state a cause of action in strict liability. AS AND FOR A TWENTY-EIGHTH AFFIRMATIVE DEFENSE DEFENDANT ALLEGES UPON INFORMATION AND BELIEF 66. Defendant had no knowledge or reason to know of any alleged risks associated with asbestos and/or asbestos-containing Products at any time during the periods complained of. AS AND FOR A TWENTY-NINTH AFFIRMATIVE DEFENSE DEFENDANT ALLEGES UPON INFORMATION AND BELIEF 67. Plaintiff and/or Plaintiff’s Decedent did not directly or indirectly purchase any asbestos-containing Products or materials from Defendant and Plaintiff and/or Plaintiff’s Decedent did not either receive or rely upon any representation or warranty allegedly made by Defendant. AS AND FOR A THIRTIETH AFFIRMATIVE DEFENSE DEFENDANT ALLEGES UPON INFORMATION AND BELIEF 68. To the extent that Plaintiff and/or Plaintiff’s Decedent was exposed to any Product containing asbestos as a result of conduct by Defendant, which is denied, said exposure was de minimis and not a substantial contributing factor to any asbestos-related disease which Plaintiff and/or Plaintiff’s Decedent may have developed, and not actionable at law or equity. AS AND FOR A THIRTY-FIRST AFFIRMATIVE DEFENSE DEFENDANT ALLEGES UPON INFORMATION AND BELIEF 69. Exposure to asbestos fibers attributable to the product or products, which is denied, is so minimal as to be insufficient to establish to a reasonable degree of probability that the Product or Products are capable of causing injury or damages and must be considered speculative as a matter of law. 13 of 23 FILED: NEW YORK COUNTY CLERK 03/20/2023 02:24 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 03/20/2023 AS AND FOR A THIRTY-SECOND AFFIRMATIVE DEFENSE DEFENDANT ALLEGES UPON INFORMATION AND BELIEF 70. Finished asbestos-containing Products are not unreasonably dangerous as a matter of law. AS AND FOR A THIRTY-THIRD AFFIRMATIVE DEFENSE DEFENDANT ALLEGES UPON INFORMATION AND BELIEF 71. If Defendant was on notice of any hazard or defect for which Plaintiff seeks relief, which Defendant denies, Plaintiff and/or Plaintiff’s Decedent also had such notice and is thereby barred from recovery. AS AND FOR A THIRTY-FOURTH AFFIRMATIVE DEFENSE DEFENDANT ALLEGES UPON INFORMATION AND BELIEF 72. Any damages must be reduced by the value of the benefit received by Plaintiff and/or Plaintiff’s Decedent from the use of Defendant’s product or products. AS AND FOR A THIRTY-FIFTH AFFIRMATIVE DEFENSE DEFENDANT ALLEGES UPON INFORMATION AND BELIEF 73. There is no justiciable issue or controversy. AS AND FOR A THIRTY-SIXTH AFFIRMATIVE DEFENSE DEFENDANT ALLEGES UPON INFORMATION AND BELIEF 74. The claims for damages have not accrued and are purely speculative, uncertain and contingent. AS AND FOR A THIRTY-SEVENTH AFFIRMATIVE DEFENSE DEFENDANT ALLEGES UPON INFORMATION AND BELIEF 75. Plaintiff and/or Plaintiff’s Decedent acted voluntarily, unnecessarily, prematurely, with no evidence of injury to anyone at any job locations. AS AND FOR A THIRTY-EIGHTH AFFIRMATIVE DEFENSE DEFENDANT ALLEGES UPON INFORMATION AND BELIEF 76. None of the alleged injuries or damages was foreseeable at the time complained of in the Complaint. 14 of 23 FILED: NEW YORK COUNTY CLERK 03/20/2023 02:24 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 03/20/2023 AS AND FOR A THIRTY-NINTH AFFIRMATIVE DEFENSE DEFENDANT ALLEGES UPON INFORMATION AND BELIEF 77. Defendant was under no duty to warn purchasers, those who performed work or those under their control were in a better position to warn. AS AND FOR A FORTIETH AFFIRMATIVE DEFENSE DEFENDANT ALLEGES UPON INFORMATION AND BELIEF 78. Plaintiff and/or Plaintiff’s Decedent was warned of the risks of exposure to and use of asbestos-containing materials. AS AND FOR A FORTY-FIRST AFFIRMATIVE DEFENSE DEFENDANT ALLEGES UPON INFORMATION AND BELIEF 79. Plaintiff’s claims are barred as a matter of public policies, since social utility and benefit of asbestos-containing products outweighed the risk. AS AND FOR A FORTY-SECOND AFFIRMATIVE DEFENSE DEFENDANT ALLEGES UPON INFORMATION AND BELIEF 80. To the extent that Plaintiff seeks to maintain a claim for relief on behalf of Plaintiff’s Decedent, Plaintiff lacks capacity and/or standing to maintain such claim for relief against Defendant. AS AND FOR A FORTY-THIRD AFFIRMATIVE DEFENSE DEFENDANT ALLEGES UPON INFORMATION AND BELIEF 81. Plaintiff’s claims are barred because of Plaintiffs’ failure to join necessary and indispensable parties. AS AND FOR A FORTY-FOURTH AFFIRMATIVE DEFENSE DEFEDANTS ALLEGES UPON INFORMATION AND BELIEF 82. Plaintiff may not bring this action as they have failed to exhaust all of their administrative remedies. 15 of 23 FILED: NEW YORK COUNTY CLERK 03/20/2023 02:24 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 03/20/2023 AS AND FOR A FORTY-FIFTH AFFIRMATIVE DEFENSE DEFENDANT ALLEGES UPON INFORMATION AND BELIEF 83. Plaintiff and/or Plaintiff’s Decedent failed to mitigate or otherwise act to lessen or reduce the injuries alleged in the Complaint. AS AND FOR A FORTY-SIXTH AFFIRMATIVE DEFENSE DEFENDANT ALLEGES UPON INFORMATION AND BELIEF 84. Plaintiff’s demands for exemplary or punitive damages are barred because such damages are not recoverable or warranted in this action. AS AND FOR A FORTY-SEVENTH AFFIRMATIVE DEFENSE DEFENDANT ALLEGES UPON INFORMATION AND BELIEF 85. Plaintiff’s demands for punitive damages are barred by the due process clauses of the Fourteenth Amendment to the United States Constitution and the New York State Constitution. AS AND FOR A FORTY-EIGHTH AFFIRMATIVE DEFENSE DEFENDANT ALLEGES UPON INFORMATION AND BELIEF 86. Plaintiff’s demands for punitive damages are barred by the proscription of the Eighth Amendment to the United States Constitution, as applied to the states through the Fourteenth Amendment, and Article I, Section 5 of the New York State Constitution prohibiting the imposition of excessive fines. AS AND FOR A FORTY-NINTH AFFIRMATIVE DEFENSE DEFENDANT ALLEGES UPON INFORMATION AND BELIEF 87. Plaintiff’s demands for punitive damages are barred by the "double jeopardy" clause of the Fifth Amendment to the United States Constitution, as applied to the states through the Fourteenth Amendment, and Article I, Section 6 of the New York State Constitution. AS AND FOR A FIFTIETH AFFIRMATIVE DEFENSE DEFENDANT ALLEGES UPON INFORMATION AND BELIEF 88. If Plaintiff’s Decedent sustained injuries in the manner alleged, all of which has been denied by Defendant, the liability of Defendant, if any, shall be limited in accordance with Article 16 of the Civil Practice Law and Rules. 16 of 23 FILED: NEW YORK COUNTY CLERK 03/20/2023 02:24 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 03/20/2023 AS AND FOR A FIFTY-FIRST AFFIRMATIVE DEFENSE DEFENDANT ALLEGES UPON INFORMATION AND BELIEF 89. At all times relevant to this litigation, Defendant complied with all applicable laws, regulations and standards. AS AND FOR A FIFTY-SECOND AFFIRMATIVE DEFENSE DEFENDANT ALLEGES UPON INFORMATION AND BELIEF 90. Relief is barred by virtue of the doctrines of estoppel and waiver. AS AND FOR A FIFTY-THIRD AFFIRMATIVE DEFENSE DEFENDANT ALLEGESUPON INFORMATION AND BELIEF 91. At all times relevant to this litigation, the agents, servants and/or employees of Defendant utilized proper methods in the conduct of their operations in conformity with the available knowledge and research of the scientific and industrial communities. AS AND FOR A FIFTY-FOURTH AFFIRMATIVE DEFENSE DEFENDANT ALLEGES UPON INFORMATION AND BELIEF 92. Plaintiff and or Plaintiff’s Decedent contributed to their injuries, either in whole or in part, by exposure to or the use of tobacco products and/or other substances, products, medications or drugs. AS AND FOR A FIFTY-FIFTH AFFIRMATIVE DEFENSE DEFENDANT ALLEGES UPON INFORMATION AND BELIEF 93. Some or all of the causes of action may not be maintained because of arbitration and award. AS AND FOR A FIFTY-SIXTH AFFIRMATIVE DEFENSE DEFENDANT ALLEGES UPON INFORMATION AND BELIEF 94. Some or all of the causes of action may not be maintained because of collateral estoppel. 17 of 23 FILED: NEW YORK COUNTY CLERK 03/20/2023 02:24 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 03/20/2023 AS AND FOR A FIFTY-SEVENTH AFFIRMATIVE DEFENSE DEFENDANT ALLEGES UPON INFORMATION AND BELIEF 95. Some or all of the causes of action may not be maintained because of discharge in bankruptcy. AS AND FOR A FIFTY-EIGHTH AFFIRMATIVE DEFENSE DEFENDANT ALLEGES UPON INFORMATION AND BELIEF 96. Some or all of the causes of action may not be maintained because of payment. AS AND FOR A FIFTY-NINTH AFFIRMATIVE DEFENSE DEFENDANT ALLEGES UPON INFORMATION AND BELIEF 97. Some or all of the causes of action may not be maintained because of release. AS AND FOR A SIXTIETH AFFIRMATIVE DEFENSE DEFENDANT ALLEGES UPON INFORMATION AND BELIEF 98. Some or all of the causes of action may not be maintained because of res judicata. AS AND FOR A SIXTY-FIRST AFFIRMATIVE DEFENSE DEFENDANT ALLEGES UPON INFORMATION AND BELIEF 99. All defenses which have been or will be asserted by other Defendant and/or any third-party Defendant in this action are adopted and incorporated by reference as if fully set forth at length as defenses to Plaintiffs’ Complaint. In addition, Defendant will rely upon any and all other and further defenses which become available or appear during discovery proceedings in this action and hereby specifically reserve the right to amend their answer for the purposes of asserting any such additional affirmative defenses. AS AND FOR A SIXTY-SECOND AFFIRMATIVE DEFENSE DEFENDANT ALLEGES UPON INFORMATION AND BELIEF 100. To the extent Plaintiffs bring suit in their representative capacity, Plaintiffs have failed to allege sufficient facts to demonstrate legal capacity to sue pursuant to New York Estate Powers and Trusts Law §5-1.1 to 5-4.6. 18 of 23 FILED: NEW YORK COUNTY CLERK 03/20/2023 02:24 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 03/20/2023 AS AND FOR A SIXTY-THIRD AFFIRMATIVE DEFENSE DEFENDANT ALLEGES UPON INFORMATION AND BELIEF 101. Defendant owed no duty to Plaintiff or Plaintiff’s Decedent. AS AND FOR A SIXTY-FOURTH AFFIRMATIVE DEFENSE DEFENDANT ALLEGES UPON INFORMATION AND BELIEF 102. Defendant did not voluntarily assume a duty to Plaintiff or Plaintiff’s Decedent. AS AND FOR A SIXTY-FIFTH AFFIRMATIVE DEFENSE DEFENDANT ALLEGES UPON INFORMATION AND BELIEF 103. Defendant had no duty to control the conduct of third parties, so as to prevent those third parties from harming Plaintiff or Plaintiff’s Decedent. AS AND FOR A SIXTY-SIXTH AFFIRMATIVE DEFENSE DEFENDANT ALLEGES UPON INFORMATION AND BELIEF 104. Plaintiff cannot impose a duty upon Defendant based upon a statute, regulation or other law that does not apply to Defendant. AS AND FOR AN SIXTY-SEVENTH AFFIRMATIVE DEFENSE DEFENDANT ALLEGES UPON INFORMATION AND BELIEF 105. The injuries suffered by Plaintiff and/or Plaintiff’s Decedent if any, were proximately caused in whole or in part by sensitivities and idiosyncrasies peculiar to Plaintiff not found in the general public. AS AND FOR A SIXTY-EIGHTH AFFIRMATIVE DEFENSE DEFENDANT ALLEGES UPON INFORMATION AND BELIEF 106. The injuries suffered by Plaintiff and/or Plaintiff’s Decedent are due to a pre- existing genetic condition and were not proximately caused in whole or in part by Defendant. AS AND FOR AN SIXTY-NINTH AFFIRMATIVE DEFENSE, DEFENDANT ALLEGES UPON INFORMATION AND BELIEF 107. This Court lacks personal jurisdiction over Defendant based upon improper service. 19 of 23 FILED: NEW YORK COUNTY CLERK 03/20/2023 02:24 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 03/20/2023 AS AND FOR AN SEVENTIETH AFFIRMATIVE DEFENSE, DEFENDANT ALLEGES UPON INFORMATION AND BELIEF 108. This Court lacks general and specific personal jurisdiction over Defendant pursuant to the Supreme Court of the United States decisions in Daimler AG v. Bauman, 571 U.S. 117 (2014) and Bristol-Myers Squibb Co. v. Superior Court of California, 137 S. Ct. 1773 (2017), as well as other New York State Law and Federal Law. AS AND FOR A SEVENTY-FIRST AFFIRMATIVE DEFENSE DEFENDANT ALLEGES UPON INFORMATION AND BELIEF 109. Defendant’s labels, warnings and/or instructions were at all times in conformity with the generally recognized state of knowledge at the time such labels, warnings and/or instructions were issued. AS AND FOR A SEVENTY-SECOND AFFIRMATIVE DEFENSE DEFENDANT ALLEGES UPON INFORMATION AND BELIEF 110. Any label on the Product or Products at issue complied with all applicable federal regulations, such that Plaintiff’s claims for defective labeling are preempted. CROSS CLAIMS GSK LLC, by way of cross claims states: 111. Without admitting any liability therein, GSK LLC asserts that should liability be found against GSK LLC, it is entitled to and hereby claims contribution from all co-defendants and any future third party defendants. 112. While GSK LLC denies that it is negligent or liable in any regard, GSK LLC asserts that its negligence or liability, if any, was passive, vicarious and imputed, whereas the negligence or liability of the co-defendants and any future third party defendants was active and primary. 113. While GSK LLC denies any negligence or liability in this action, GSK LLC st