On March 16, 2023, the New York City Asbestos Litigation (NYCAL) Court denied Defendant Kaiser Gypsum’s post-trial motions following a $15M plaintiffs’ verdict in the matter of Munir Seen, New York Supreme Court, New York County, Index No. 190225/2018. Kaiser Gypsum moved for: 1) a judgment notwithstanding the verdict; 2) an order for a new trial; or, alternatively, 3) a remittitur of what Kaiser Gypsum called a clearly excessive verdict. All were denied.
Austin O'Malley
Austin brings deep insights into mass tort litigation strategy to every client representation.
Austin concentrates his legal practice in the area of mass tort litigation, particularly toxic tort and asbestos litigation. He has deep experience managing significant caseloads at all phases of litigation and routinely collaborates with colleagues, in-house legal teams, and third-party professionals to drive successful litigation strategy and tactics. He has experience in all facets of the case, from actively participating in the discovery and pre-trial process, including conducting depositions, reviewing and responding to discovery demands, and drafting and arguing motions, to taking part in trials themselves.
NYCAL Defendants Lose Requested Case Management Order Amendment Severing Punitive Damages
On November 4, 2022, the New York City Asbestos Litigation (NYCAL) coordinating Judge Adam Silvera issued a long-awaited decision denying defendants’ motion to sever punitive damages in asbestos claims filed in NYCAL. Defendants had urged the Court to amend NYCAL’s current Case Management Order (CMO) to indefinitely postpone plaintiffs’ ability to seek punitive damages against defendants, as was the case in the original NYCAL CMO and a procedure that had been in place for over 2 decades up until 2017.