Asbestos Defense Mobilizes Over Punitive Damage Claims
Defense attorneys in asbestos lawsuits are preparing to appeal a ruling by Manhattan Supreme Court Justice Sheri Klein Heitler, coordinator of the New York City Asbestos Litigation court, allowing consideration of punitive damages for the first time in almost two decades.
March 02, 2015 at 06:00 AM
10 minute read
Defense attorneys in asbestos lawsuits have mobilized in an attempt to overturn a New York judge's decision allowing consideration of punitive damages for the first time in almost two decades.
They are preparing to appeal a ruling by Manhattan Supreme Court Justice Sheri Klein Heitler, coordinator of the New York City Asbestos Litigation (NYCAL) court, who accepted a motion by Weitz & Luxenberg and other plaintiffs firms to end “deferral” of punitive damages claims in asbestos cases.
The defendants argue that the decision will increase their clients' risk of “stratospheric” awards in a court that already tilts toward plaintiffs. As a result, if punitive damages are permitted, they have vowed to withdraw from a Court Management Order (CMO) they insist that they “bargained for” with representatives of the plaintiffs bar.
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