Judge's Power to Alter NYCAL Management Orders Affirmed
In affirming the authority of an administrative judge to change a management order involving asbestos litigation, the First Department declined Thursday to overturn a ruling allowing asbestos plaintiffs to request punitive damages. But the unanimous panel stayed implementation and invited newly appointed coordinating judge Justice Peter Moulton to review the order.
July 10, 2015 at 07:00 AM
4 minute read
In affirming the authority of an administrative judge to change a management order involving asbestos litigation, the Appellate Division, First Department, declined Thursday to overturn a ruling allowing asbestos plaintiffs to request punitive damages.
But the unanimous panel stayed implementation and invited a newly appointed coordinating judge to review the case management order governing all aspects of litigation, including punitive damages, before the New York City Asbestos Litigation (NYCAL) court.
In an unsigned opinion issued only two weeks after hearing oral argument in In re New York City Asbestos Litigation, 40000/88 (NYLJ, June 23), the panel affirmed the authority of the NYCAL coordinating judge to change a management order without the consent of the defense and plaintiff firms who negotiated the original order setting out protocols for asbestos litigation.
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