ALI-ABA Course of Study Asbestos Litigation in the 21st Century. November 30 - December 1, 2006 New Orleans, Louisiana
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1 1691 ALI-ABA Course of Study Asbestos Litigation in the 21st Century November 30 - December 1, 2006 New Orleans, Louisiana Emerging Jurisdictions: Delaware Submitted By R. Thomas Radcliffe, Jr., Esquire DeHay & Elliston, L.L.P. Baltimore, Maryland
2 1692 Emerging Jurisdictions: Delaware Materials Submitted By R. Thomas Radcliffe, Jr. DeHay & Elliston, L.L.P. Baltimore, Maryland TABLE OF CONTENTS 1. Master Trial Scheduling Order and Table of Trial Schedule Abstracts, In re Asbestos Litigation, No. 77C-ASB-2, Super. Ct., New Castle Cty., DE, May 26, Master Trial Scheduling Order and Table of Trial Schedule Abstracts (amended), In re Asbestos Litigation, No. 77C-ASB-2, Super. Ct., New Castle Cty., DE, September 7, Memorandum Opinion Denying Defendants Motions to Dismiss Based on Forum Non Conveniens, In re Asbestos Litigation, No. 05C JRS(ASB), Super. Ct., New Castle Cty., DE, March 8, Chart summarizing theories of liability, defense, and damage limitations on asbestos cases in 13 states. 5. Plaintiffs Memorandum in Opposition to Defendants Motions for the Application of Substantive Law of Other Jurisdictions, In re Asbestos Litigation, No. 77C-ASB-2, Super. Ct., New Castle Cty., DE, January 20, Order affirming summary judgment for defendant Oy Partek Ab, In re Asbestos Litigation; Colgain v. Oy Partek Ab, No. 359,201, Sup. Ct., DE, May 22, 2002.
3 SO ORDERED 1693 IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY IN RE : ASBESTOS LITIGATION : C.A. No. : 77C-ASB-2 MASTER TRIAL SCHEDULING ORDER AND TABLE OF TRIAL SCHEDULE ABSTRACTS (Amended on : May 26, 2006) AND NOW TO WIT, on this 26th day of May, 2006, in order to clarify the record and avoid confusion with regard to those cases assigned trial dates and to avoid confusion and SO ORDERED disputes in the future; IT IS HEREBY ORDERED THAT: (1) This Order lists all asbestos litigation matters set for trial as of the date of its issue and shall be known as the Master Trial Scheduling Order. Amended versions of this Order shall be filed from time to time as the trial dates set herein pass and as new trial dates and trial groupings are established. Any amendments to this Order required as a result of changes made pursuant to the provisions of Paragraph 2 hereof shall also result in the filing of an amended version of this Order. All amended versions of this Order shall clearly indicate the date of the amendment in the caption hereof. (2) Informal and/or oral requests for any changes to the provision of this Order will not be entertained. (3) Any party seeking to add any matter to an existing trial grouping, re-align trial groupings, delete a matter from a trial grouping, move or assign any particular matter to or from a particular trial date, create trial groupings in addition to or in place of those groupings Page 1 of 33
4 1694 established by this Order, or otherwise alter the provisions of this Order shall follow the following procedures: (a) Any plaintiff wishing to alter the provisions of this Order shall advise Loreto P. Rufo, Esq., as Defense Coordinating Counsel of the changes requested and the reasons therefore. Defense Coordinating Counsel shall communicate with all defense counsel and shall advise plaintiff of its position, the position of defendants as a group, and any specific or individual defendant issues with regard to such changes within five (5) business days of the date of notification of requested changes. In the event no objections are raised to the requested changes, Defense Coordinating Counsel shall prepare and file an amended version of this Order which shall be entered by the Court. In the event agreement can not be reached with regard to the requested changes, plaintiff shall file a formal motion seeking such changes. Such motion shall be captioned as a Motion to Alter Master Trial Scheduling Order As Amended On and shall be filed in the general civil action number: 77C-ASB-2 as well as in the civil action number corresponding to any particular matter directly affected by the changes requested. All parties shall be noticed and served with any such Motion. Loreto P. Rufo, Esq., as Defense Coordinating Counsel., shall be served with a copy of such Motion. The form of Order submitted with any such Motion will indicate, with particularity and specificity, the changes to this Order requested. Within five (5) business days of this Court s ruling on any such Motion, defense Coordinating Counsel shall prepare and file an amended version of this Order which shall reflect the changes made and which shall be entered by the Court. (b) Any defendant wishing to alter the provisions of this Order shall advise plaintiffs counsel and Loreto P. Rufo, Esq., as Defense Coordinating Counsel of the changes requested and the reasons therefore. Defense Coordinating Counsel shall communicate with Page 2 of 33
5 1695 other defense counsel and with plaintiffs counsel and shall advise the requesting defendant of its position, the position of other defendants, and the position of plaintiffs counsel with regard to such changes within five (5) business days of the date of notification of requested changes. In the event no objections are raised to the requested changes, Defense Coordinating Counsel shall prepare and file an amended version of this Order which shall be entered by the Court. In the event agreement can not be reached with regard to the requested changes, the requesting defendant shall file a formal motion seeking such changes. Such motion shall be captioned as a Motion to Alter Master Trial Scheduling Order As Amended On and shall be filed in the general civil action number: 77C-ASB-2 as well as in the civil action number corresponding to any particular matter directly affected by the changes requested. All parties shall be noticed and served with any such Motion. Loreto P. Rufo, Esq., as Defense Coordinating Counsel., shall be served with a copy of such Motion. The form of Order submitted with any such Motion will indicate, with particularity and specificity, the changes to this Order requested. Within five (5) business days of this Court s ruling on any such Motion, defense Coordinating Counsel shall prepare and file an amended version of this Order which shall reflect the changes made and which shall be entered by the Court. (2) The following is a compilation of trial groupings currently in place and a Table of Trial Schedule Abstracts for each trial setting. The dates set on the Table of Trial Schedule Abstracts may be altered upon agreement by and between counsel. Defense Coordinating Counsel shall be notified of any such accommodations or agreements reached by and between counsel. In the event a formal motion to alter pretrial deadline dates is required, the requesting party shall file caption the motion as a Motion to Alter Master Trial Scheduling Order As Amended On and it shall be filed in the general civil action number: 77C-ASB-2 as well Page 3 of 33
6 1696 as in the civil action number corresponding to any particular matter directly affected by the changes requested. All parties shall be noticed and served with any such Motion. Loreto P. Rufo, Esq., as Defense Coordinating Counsel., shall be served with a copy of such Motion. Within five (5) business days of this Court s ruling on any such Motion, defense Coordinating Counsel shall prepare and file an amended version of this Order which shall reflect the changes made and which shall be entered by the Court. Page 4 of 33
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NON-PRECEDENTIAL DECISION SEE SUPERIOR COURT I.O.P : : : : : : : : : : : : : :
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