The new case management order for New York City’s asbestos courts, released Tuesday and set to take effect on July 20, contains provisions that both defense and plaintiffs’ attorneys can either support or loathe.
Against vehement objections from the defense bar, Manhattan Supreme Court Justice Peter Moulton’s order affirms the right of plaintiffs to seek punitive damages, which were reintroduced to the New York City Asbestos Litigation docket in 2014, but stayed by an appeals court pending further modifications to the case management order.
And as for the plaintiffs, the order caps the number of trials that can be joined at two, though three trials can be joined if plaintiffs meet certain criteria.
Parties may appeal the order to the Appellate Division, First Department, though as of Wednesday, attorneys on both sides said that parties had not done so.
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