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.