News & Events

On July 5, the Court of Appeal of the State of California, Second Appellate District, reversed a $3 million punitive damages award against Simpson Thacher client Whittaker, Clark & Daniels in the case Willie McNeal Jr. vs. Whittaker, Clark & Daniels. The Plaintiff alleged that the Old Spice talcum powder he used in the 1970s partially caused his mesothelioma, and that Whittaker was the supplier of the talc in Old Spice that contained asbestos fibers. In April of 2021, a Los Angeles County jury awarded Plaintiff $448,761 in compensatory damages and $3 million in punitive damages. Simpson Thacher was retained by Whittaker to prosecute the appeal of the punitive damages award. In its decision, the Appeals Court agreed with Simpson Thacher and Whittaker that, “no one knew exposure to talcum powder could cause mesothelioma until 1994—years after plaintiff’s exposure to talc ended in 1980,” and “[m]edical or scientific developments years after plaintiff’s injury cannot establish defendant’s executives knew of ‘probable dangerous consequences’ of contaminated talc before plaintiff’s injury.” The Court further found that “the evidence was insufficient to establish any officer, director or managing agent acted with the malice, oppression or fraud necessary for an award of punitive damages.” As a result, the Court reversed the award of punitive damages.

The team received a “Shout Out” in The American Lawyer’s “Litigator of the Week” coverage.

The Simpson Thacher team included Chet Kronenberg, Jacob Waschak, and Lindsay DiMaggio.