Civil Procedure -- 2018

In re New York City Asbestos Litigation   (New York Supreme Court)

Punitive damages in asbestos cases

In 2017, an administrative judge in a trial court in New York City issued a Case Management Order (CMO) governing certain procedures for handling complex asbestos litigation there. Several companies that are defendants in asbestos cases filed appeals relating to this order, and the NAM joined with other associations in an amicus brief supporting the appeals. We argued that the CMO should be rejected, or at a minimum modified to continue the longstanding practice of deferring punitive damage claims. The court should also modify the CMO to require plaintiffs to file all eligible asbestos trust claims early in the discovery process and specify that trust claims materials are admissible in asbestos cases. This would help prevent manipulation and abuse of the trust claim and litigation process. Unfortunately, the court declined to modify the CMO.

Related Documents:
NAM amicus brief  (October 10, 2017)


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