NY Appellate Court Says Court Can Amend CMO to Allow for Punitive Damages; Asks Court to Alter Protocol for Asserting Such Claims

NEW YORK –– A New York appellate court has weighed in on the ongoing dispute regarding punitive damages in asbestos cases pending in New York City’s coordinated docket, saying the judge had the authority to modify the docket’s case management order to allow such claims.

However, in its July 9 order, the New York Supreme Court, Appellate Division, First Department, found that the court had exceeded its authority when it said that the courts could charge the jury on the issue of punitive damages at the end of the evidentiary phase of the trial.

The order was issued in response …