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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.
Check out Law's new podcast, Pro Say, which offers a weekly recap of both the biggest stories and hidden gems from the world of law. 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. The plaintiffs brought a motion to consolidate separate actions into three separate groups for joint trial. In denying the plaintiffs motion to consolidate,… Continue reading
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Defendants American Biltrite and Kaiser Gypsum opposed. Be sure to review the local rules or customs for specific rules and guidelines regarding motion practice.
Password at least 6 characters required Confirm Password. Some factors to consider are whether consolidation will: For example, if a case is consolidated for trial, but not for discovery, discovery in one case cannot be used in the other case. Before serving or filing the motion to consolidate, ask all the attorneys involved in the separate cases to agree to consolidate.
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Undoubtedly, the decision of whether to consolidate is one of the most important decisions you will have to make when faced with it, but careful consideration of the factors listed herein will help to ensure a successful result. Dismissal of Actions up Rule These codes may not be the most recent version.
Sign up now for free access to this content Enter your details below and select your area s of interest to stay ahead of the curve and receive Law's daily newsletters. 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. July 1, ; Apr. Anderson and Jerrold L.
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