Civil Procedure -- 2008



Foster Wheeler LLC v. Superior Court   (California Supreme Court)

Seeking publication of asbestos case-management decision

Management of complex cases is critical to fairness in trial proceedings. The California Supreme Court issued a ruling ordering a lower court to dissolve an order that consolidated two asbestos-related cases because the facts and claims were so different.

The NAM and other groups filed an amicus letter with the California Supreme Court asking that it publish that decision, so that the ruling may be cited and relied upon in future cases. Our letter argued that clear case-management rules would help California courts deal with the ever-growing asbestos docket, which includes an influx of filing from out-of-state plaintiffs, many of whom have almost no connection to the state. On Jan. 3, 2008, the Court denied the request to publish.