Real-Time Court Decisions and Other Developments in Asbestos Litigation.
The plaintiff moved to consolidate numerous cases into six trial groups pursuant to CPLR 602(a) on the grounds that there are common issues of law and fact. Several defendants opposed the consolidation, arguing, among other things, that they are prejudiced by joint trials, which violate their due process and equal protection rights. They also argued … Continued
The plaintiffs, who had the same attorneys, commenced personal injuries actions in Nassau County Supreme Court, alleging personal injuries as a result of exposures to asbestos. In support of the motion, it was noted that each plaintiff was still alive and suffering from lung cancer, were exposed to the same or similar materials during a … Continued
In this NYCAL case, Justice Peter Moulton denied the defendants’ motion seeking to quash a subpoena served by Weitz & Luxenberg P.C. upon Mr. Marc Scarcella of Bates, White LLC, an economic consulting firm. Mr. Scarcella co-authored an article entitled, “The Consolidation Effect: New York City Asbestos Verdicts, Due Process and Judicial Economy.” In summary, the … Continued
In these federal court cases there were several motions brought forward, including a motion by the plaintiff to substitute the estate and file a third amended complaint following the death of the decedent, defendant 3M’s motion to preclude the plaintiff’s expert Dr. Arnold Brody, and defendant Weyerhaeuser’s Daubert motion regarding the plaintiff’s experts Frank M. … Continued
The plaintiffs brought a motion to consolidate separate actions into three separate groups for joint trial. The court noted that as to the three groups, all of the plaintiffs are represented by the same law firm, are in the same phase of discovery, and the plaintiffs allege the same type of cancer. The court granted … Continued
In this NYCAL decision, the court assessed the consolidation of five remaining cases and ended up grouping two cases into Trial Group 1, two cases into Trial Group 2, and left one case to be tried on its own. The court’s reasoning for the decision is the following: “Applying the Malcolm factors, I conclude the … Continued
In this NYCAL case, the plaintiff brought a motion to consolidate nine asbestos actions for joint trial, claiming that there are common questions of law and fact. The court relied on the factors set forth in Malcolm v. National Gypsum Co., 995 F.2d 346, 350-351 (2d Cir. 1993): common worksite; similar occupation; similar time of exposure; … Continued