New York Talc Case Continued on Eve of Trial to Allow for Further Testing Supreme Court of New York, New York, June 4, 2019
NEW YORK – The plaintiff Beverley Alleyne filed suit against Revlon alleging she developed mesothelioma from asbestos in Revlon’s Charlie talcum powder product. Less than ten days before a May trial date, the plaintiff disclosed a report of Dr. William Longo, summarizing his testing of a Charlie product purchased on Etsy. Due to the late disclosure, the trial court continued the case to June 4, 2019 so that Dr. Longo could be deposed. Revlon moved to strike Longo’s report and for an additional continuance in order to conduct additional testing of its own. The court noted that the plaintiff would be just as prejudiced as Revlon were it to strike the report, particularly when Revlon was afforded the opportunity to depose Longo. Nevertheless, the court continued the case until October to prevent further prejudice and allow Revlon to conduct additional testing.