After winning a high-profile appellate reversal last year, plaintiffs lawyers at Cohen, Placitella & Roth and Fox Rothschild have filed revamped allegations that Cahill Gordon & Reindel and BASF Catalysts conspired to destroy evidence in sprawling asbestos litigation….
The filing marks the latest development in a proposed class action brought in 2011 by the relatives of people who allegedly died from exposure to asbestos-contaminated talc made by Engelhard Corp., which BASF acquired in 2006. As The American Lawyer detailed in a feature story last year, Cahill and BASF are accused of conspiring to destroy and conceal evidence relevant to separate litigation brought by alleged asbestos victims.
The plaintiffs’ fraud allegations against Cahill and BASF are sweeping, tracing back more than 25 years to a 1979 lawsuit over the death of a former Engelhard employee. After BASF, through lawyers at Cahill, settled that lawsuit in 1984, the plaintiffs allege that BASF began directing employees to discard documents that related to asbestos in the company’s talc.
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