Williams v. BASF Catalysts LLC

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Decades ago, BASF’s predecessor, Engelhard, discovered that its talc products contained disease-causing asbestos. Plaintiffs allege that Engelhard, with the help of the Cahill law firm, destroyed or hid tests and reports that documented the presence of asbestos in Engelhard talc; when new plaintiffs focused on Engelhard’s talc as a possible cause of their disease, Engelhard represented that its talc did not contain asbestos and that no tests ever said it did. Most of the original plaintiffs have died. Spurred by recent testimony that Engelhard’s talc contained asbestos and that the company knew it, survivors and successors brought claims of fraud, fraudulent concealment, and violation of the New Jersey Racketeer Influenced and Corrupt Organizations Act. The district court dismissed, finding that each was inadequately pled or barred by law. The court found the requested declarations and injunctions-ranging from an injunction against the future invocation of res judicata to a declaration that BASF and Cahill committed fraud—beyond its power to grant, but rejected defendants’ argument that the Rooker-Feldman doctrine deprived it of jurisdiction. The Third Circuit reversed as to the fraud and fraudulent concealment claims, but affirmed dismissal of the RICO claim. To the extent that plaintiffs attempt to have the court decide, now, statute of limitations, laches, and preclusion issues that will arise in future cases, they fail to present a whole or ripe controversy. View "Williams v. BASF Catalysts LLC" on Justia Law