Twelve bellwether cases have been selected for trial on whether New York City, the Port Authority of New York and New Jersey and dozens of contractors should be held liable for failing to protect first responders and clean-up workers at ground zero following the 9/11 terror attacks at the World Trade Center. Southern District Judge Alvin K. Hellerstein and attorneys for both sides in the massive litigation over respiratory and other injuries suffered by those who labored at the site have each selected four cases in advance of a May trial date.
The selection comes on the heels of motions to dismiss filed last week by lawyers for the defense led by James E. Tyrrell Jr. of Patton Boggs. Mr. Tyrrell is seeking to have the cases dismissed, arguing, among other things, that the city and other defendants are immune from suit for actions taken in responding to an emergency. Paul Napoli of Worby Groner Edelman & Napoli Bern, lead lawyer for the almost 10,000 plaintiffs, will attempt to defeat the motions to dismiss when Judge Hellerstein entertains oral argument March 16.
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