Civil Procedure -- 2016



Konstantin v. 630 Third Avenue Assocs.   (New York Court of Appeals)

Opposing asbestos case consolidations in New York

The NAM filed an amicus brief in the New York State Court of Appeals urging the court to review the troubling practice of consolidating asbestos litigation suits that are neither factually similar nor legally similar. In this case, the trial court consolidated two asbestos-related personal injury cases that featured dissimilar factors including different worksites, occupations, products, types and duration of exposure, liability theories and defendants, counsels and witnesses. Consolidating cases with dissimilar factors is highly prejudicial towards manufacturers and creates administrative and jury biases that result in verdicts at abnormally large amounts. The NAM’s brief argued that, because the facts of the cases are dissimilar, combining them is unlikely to increase judicial efficiency but is instead highly prejudicial, thus raising due process concerns. Unfortunately, the appeal was rejected on procedural grounds leaving the issue unresolved.


Related Documents:
NAM amicus brief  (February 29, 2016)