Implementation of the vast majority of provisions in a new case management order for the New York City Asbestos Litigation docket have been stayed pending a review by a Manhattan appeals court.
The rules were set to take effect Thursday. But in a handwritten order issued on Wednesday, Appellate Division, First Department, Justice Ellen Gesmer left intact one provision of the new order that has been met with vehement opposition from the asbestos defense bar: Plaintiffs will still be able to assert punitive damages.
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