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August 8, 2017

New ILR Report Says Asbestos Docket Rules Tilt Field Toward Plaintiffs

As a Manhattan appeals court prepares to hear a challenge against a new case management order for New York City’s asbestos docket, the U.S. Chamber of Commerce’s tort reform arm has waded into the fight, arguing in a new report that the changes will tip the scales in plaintiffs’ favor, writes the New York Law Journal.

ILR’s report, On the Edge: New York County Asbestos Litigation at a Tipping Point, examines the history and current state of the New York County Asbestos Litigation (NYCAL) unit of New York City’s state trial court. The analysis concludes that the procedural features that have driven verdicts and settlements higher than those in other jurisdictions are likely to continue under the new case management order, absent fresh judicial interpretation and methods of implementation that correct current problems.

“The report, prepared by James Stengel, a partner at Orrick, Herrington & Sutcliffe, and C. Anne Malik, a senior associate with the firm, also takes aim at consolidation of cases in the asbestos docket, which is limited to two in the new order; and the effect of attorney advertising on asbestos cases, which they argue drives up the dollar amounts of jury awards.”

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