New York’s Appellate Division, First Department, issued its decision yesterday on the New York City Asbestos Litigation (NYCAL) punitive damages/Case Management Order (CMO) issue. While the Appellate Court held that Judge Heitler had the authority to modify the CMO to lift the deferral on punitive damages, it also found that she exceeded that authority to the extent that the order directs applications for a jury charge on punitive damages to be made at the conclusion of the evidentiary phase of trial. As a result, the long-term viability of punitive damages in NYCAL cases is back in question.
Continue Reading NYCAL Punitive Damages in Limbo

“The times they are a-changin” wrote Bob Dylan in 1964. Is New York City – recently dubbed by the American Tort Reform Association the Number 1 “Judicial Hellhole” in large part because of its pro-plaintiff bent in asbestos litigation – “a-changin” too? First, Assembly Speaker Sheldon Silver was indicted for various allegedly bad judgments in connection with using state money to secure asbestos referrals and whopping settlement fees. Next, the judge that supervised the New York City Asbestos Litigation (NYCAL) for almost a decade is out and a new judge takes over. And then this week, Judge Barbara Jaffe issued a potentially game-changing opinion in the NYCAL, striking an $11 million plaintiff’s verdict in a mesothelioma case.
Continue Reading NY Judge Tosses Plaintiff’s Asbestos Causation Opinion