Civil Procedure -- 2018



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

Punitive damages in asbestos cases

The NAM filed an amicus brief supporting the appeals of several companies seeking to vacate or modify a New York City Case Management Order (CMO) that rejected the New York City Asbestos Litigation practice of deferring punitive damages claims. In 2017, a New York City administrative judge issued a CMO governing certain procedures for handling complex asbestos litigation. If upheld, the CMO could jeopardize compensation for future plaintiffs and threaten the viability of companies involved in the litigation. The NAM’s brief argued that 1) the CMO should be rejected, or at a minimum modified to continue the longstanding practice, 2) that the court should also modify the CMO to require plaintiffs to file all eligible asbestos trust claims early in the discovery process and 3) the court should specify that trust claims materials are admissible in asbestos cases which would help prevent manipulation and abuse of the trust claim and litigation process. Unfortunately, the court declined to modify the CMO.


Related Documents:
NAM brief  (October 10, 2017)