Del. Court Won’t Allow Asbestos Defendant to Revise Reply Brief

WILMINGTON, Del. –– The Delaware Superior Court has denied an asbestos defendant’s efforts to revise a reply brief it filed four months prior in support of a motion for summary judgment, ruling that the defendant waived the additional argument when not including it in the original motion. In re Asbestos Litigation Ernest Vala, No. 11C-04-203 ASB (Del. Super. Ct.).

In the June 22 letter, Judge John A. Parkins Jr. of the Delaware Superior Court for New Castle County wrote that allowing the revision would violate the docket’s scheduling order.

“The asbestos docket is large and requires adherence to the [Master …