American International Industries is appealing to the Fourth Circuit to overturn a magistrate judge’s decision that blocked the company from accessing the names of 75 individuals cited in a study linking cosmetic talc to mesothelioma. The company argues that these names are crucial for its defense in ongoing litigation.
Central Arguments in the Appeal
In a brief filed this week, American International, a talc product seller based in Commerce, California, contended that the magistrate judge, Douglas E. Miller of the Eastern District of Virginia, erred in his ruling last December. The judge had determined that the subpoena for the names imposed by American International would unduly burden Peninsula Pathology Associates of Virginia and held minimal relevance to the company’s legal challenges.
The company is currently defending itself in a lawsuit brought by Brian Gref, who claims he developed mesothelioma from using Clubman talcum powder, a product of American International. Gref’s legal team relies on an article authored by an expert witness from Peninsula Pathology, who is also engaged in talc litigation. The article alleges that 75 mesothelioma cases were solely caused by exposure to cosmetic talc products.
American International argues that the ability to question the credibility of this article is essential to their defense. They claim that having access to the names would enable them to investigate the assertions made in the article more thoroughly, particularly since some individuals mentioned have known asbestos exposures, which contradicts the article’s claims.
The company also asserts that providing the names would not be burdensome for Peninsula, as it involves merely generating a one-page document. Moreover, they argue that medical privacy concerns do not apply in this context, as the individuals have already entered the public domain as plaintiffs in litigation, thus waiving any medical privacy claims.
