STORY FROM: Asbestos
3rd Cir. Denies MDL Plaintiffs' Petition to Remand Punitives
January 1, 2001
PHILADELPHIA - The Third Circuit U.S. Court of Appeals has denied a petition by several plaintiffs in the Asbestos MDL who sought remand of punitive damage claims to the trial courts where the complaints were originally filed. In re: Mary Nell Collins, et al., No. 00-1009 (3rd Cir.).
In a brief, but sharply worded ruling issued Dec. 1, the panel said concerns over the economic viability of defendants in the litigation call for conservation of limited funds currently available to current and future asbestos claimants.
Allowing for the remand of punitive damages, the Third Circuit said, could conceivably deplete ...