On November 22, 2023 a
Complaint,Petition
was filed
involving a dispute between
Carmel H. Mcloughlin,
and
Brenntag North America Inc., Individually And As A Successor-In-Interest To Mineral Pigment Solutions, Inc., And Whittaker, Clark, & Daniels, Inc.,
Brenntag Specialties, Inc., F K A Mineral Pigment Solutions, Inc., Individually And As A Successor-In-Interest To Whittaker, Clark & Daniels, Inc.,
Bristol-Myers Squibb Company,
Charles B. Chrystal Company, Inc;,
Cosmetic Specialties, Inc.,
Coty Inc.;,
Coty Us Llc,
Helen Of Troy Ltd.,
Idelle Labs, Ltd.,
Johnson & Johnson,
Ltl Management Llc,
Pfizer Inc.,
The Procter & Gamble Company,
for Torts - Asbestos
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 12/01/2023 01:40 PM INDEX NO. 190302/2023
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 12/01/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
------------------------------------x Index No.: 190302/2023
CARMEL H. MCLOUGHLIN, FIRST
AMENDED
Plaintiffs, COMPLAINT
-against-
BRENNTAG NORTH AMERICA INC.,
Individually and as a successor-in-interest
to Mineral Pigment Solutions, Inc., and
Whittaker, Clark, & Daniels, Inc.;
BRENNTAG SPECIALTIES, INC., f/k/a
Mineral Pigment Solutions, Inc.,
Individually and as a successor-in-interest
to Whittaker, Clark & Daniels, Inc.;
BRISTOL-MYERS SQUIBB COMPANY;
CHARLES B. CHRYSTAL COMPANY,
INC;
COSMETIC SPECIALTIES, INC.;
COTY INC.;
COTY US LLC;
HELEN OF TROY LTD.;
IDELLE LABS, LTD.;
JOHNSON & JOHNSON;
LTL MANAGEMENT LLC;
PFIZER INC.;
THE PROCTER & GAMBLE
COMPANY;
Defendants.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - x
TO THE ABOVE NAMED DEFENDANTs:
Plaintiff, by her attorneys, MAUNE RAICHLE HARTLEY FRENCH & MUDD, LLC
and, for her Complaint, respectfully allege as follows:
1) Plaintiff repeats and re-alleges MAUNE RAICHLE HARTLEY FRENCH &
MUDD, LLC’s Standard Asbestos Complaint for Personal Injury NO. 2 filed on August 8, 2019
(“MRHFM’s Standard Complaint”), bearing caption: In Re New York City Asbestos Litigation
relating to All Asbestos cases under Index No. 782000/2017 as if fully incorporated herein.
1
1 of 2
FILED: NEW YORK COUNTY CLERK 12/01/2023 01:40 PM INDEX NO. 190302/2023
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 12/01/2023
2) Plaintiff is a citizen of the State of New York. Plaintiff repeats and re-alleges
Plaintiff’s Initial Complaint, Carmel H. McLoughlin v. Pfizer, filed on November 22, 2023.
3) Plaintiff seeks punitive damages against Defendants because, among other things,
Carmel H. McLoughlin’s injuries were caused by tortious conduct of the Defendants that was
wanton and reckless. Defendants’ tortious conduct demonstrated a conscious indifference to the
health, safety and rights of others, including Plaintiff. Defendants’ tortious conduct further
demonstrated that it put profits before public health and safety.
4) Carmel H. McLoughlin was diagnosed with mesothelioma, which meets the
minimum requirement for activation into the accelerated docket pursuant to the Case Management
Order governing these actions.
Date: New York, New York
December 1, 2023
MAUNE RAICHLE HARTLEY
FRENCH & MUDD, LLP
Jessica A. Bussanich, Esq.
Attorneys for Plaintiff
150 West 30th Street, Suite 201
New York, NY 10001
(800) 358-5922
Jbussanich@mrhfmlaw.com
2
2 of 2
Document Filed Date
December 01, 2023
Case Filing Date
November 22, 2023
Category
Torts - Asbestos
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FILED: NEW YORK COUNTY CLERK 12/01/2023 01:40 PM INDEX NO. 190302/2023 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 12/01/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ------------------------------------x Index No.: 190302/2023 CARMEL H. MCLOUGHLIN, FIRST AMENDED Plaintiffs, COMPLAINT -against- BRENNTAG NORTH AMERICA INC., Individually and as a successor-in-interest to Mineral Pigment Solutions, Inc., and Whittaker, Clark, & Daniels, Inc.; BRENNTAG SPECIALTIES, INC., f/k/a Mineral Pigment Solutions, Inc., Individually and as a successor-in-interest to Whittaker, Clark & Daniels, Inc.; BRISTOL-MYERS SQUIBB COMPANY; CHARLES B. CHRYSTAL COMPANY, INC; COSMETIC SPECIALTIES, INC.; COTY INC.; COTY US LLC; HELEN OF TROY LTD.; IDELLE LABS, LTD.; JOHNSON & JOHNSON; LTL MANAGEMENT LLC; PFIZER INC.; THE PROCTER & GAMBLE COMPANY; Defendants. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - x TO THE ABOVE NAMED DEFENDANTs: Plaintiff, by her attorneys, MAUNE RAICHLE HARTLEY FRENCH & MUDD, LLC and, for her Complaint, respectfully allege as follows: 1) Plaintiff repeats and re-alleges MAUNE RAICHLE HARTLEY FRENCH & MUDD, LLC’s Standard Asbestos Complaint for Personal Injury NO. 2 filed on August 8, 2019 (“MRHFM’s Standard Complaint”), bearing caption: In Re New York City Asbestos Litigation relating to All Asbestos cases under Index No. 782000/2017 as if fully incorporated herein. 1 1 of 2 FILED: NEW YORK COUNTY CLERK 12/01/2023 01:40 PM INDEX NO. 190302/2023 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 12/01/2023 2) Plaintiff is a citizen of the State of New York. Plaintiff repeats and re-alleges Plaintiff’s Initial Complaint, Carmel H. McLoughlin v. Pfizer, filed on November 22, 2023. 3) Plaintiff seeks punitive damages against Defendants because, among other things, Carmel H. McLoughlin’s injuries were caused by tortious conduct of the Defendants that was wanton and reckless. Defendants’ tortious conduct demonstrated a conscious indifference to the health, safety and rights of others, including Plaintiff. Defendants’ tortious conduct further demonstrated that it put profits before public health and safety. 4) Carmel H. McLoughlin was diagnosed with mesothelioma, which meets the minimum requirement for activation into the accelerated docket pursuant to the Case Management Order governing these actions. Date: New York, New York December 1, 2023 MAUNE RAICHLE HARTLEY FRENCH & MUDD, LLP Jessica A. Bussanich, Esq. Attorneys for Plaintiff 150 West 30th Street, Suite 201 New York, NY 10001 (800) 358-5922 Jbussanich@mrhfmlaw.com 2 2 of 2