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Asbestos Litigation Orders
This page collects orders related to asbestos litigation pending before the Mass Litigation Panel. Two types of orders are listed.
Administrative Orders are those entered by the Chief Justice of the Supreme Court of Appeals. Panel Orders are those entered by a circuit judge sitting as a member of the Mass Litigation Panel. For each order, a description of the subject matter is provided as a reference, along with the type of order, the name of the judge or chief justice who signed the order, and the date it was signed. This list is provided as a reference guide only and is not intended to be a substitute for the content of the orders themselves.
Orders are listed in reverse chronological order.
- 2010 Asbestos Case Management
Order with Attached Exhibits directing that all "asbestos
personal injury litigation" cases now pending or hereinafter
filed..., shall be governed by the terms of this 2010 Case
Management Order. (Entered May 14, 2010)
- Order Designating Electronic Filing and Service directing that subsequent
filings in all asbestos personal injury cases filed before December 8, 2009 and assigned to the exigent trial docket of Judge Ronald E. Wilson or his successor or successors will become subject to e-filing and service when the case is assigned to an asbestos trial group. (Entered May 20, 2009)
- Administrative Order Granting Motion to Refer Three Asbestos FELA Cases and further ordering that all pending and subsequently filed Asbestos FELA cases are transferred to the Circuit Court of Kanawha County, West Virginia for coordinated or consolidated resolution in In re: FELA Asbestos Cases, Kanawha County Civil Action No. 02-C-9500, the Honorable Arthur M. Recht presiding. (Entered April 29, 2009)
- E-filing Triggering Order (Panel Order by Judge Moats, November 3, 2008)(Directing that asbestos litigation be subject to electronic filing and service pursuant to Trial Court Rule 15, effective December 8, 2008)
- Re: Motion to Refer Asbestos Litigation to the Mass Litigation Panel (Admin. Order by Acting Chief Justice Starcher, June 14, 2006)(Granting motion to refer a Harrison County case to the Panel)
- Re: FELA Asbestos Cases, Kanawha County Civil Action No. 02-C-9500 (Admin. Order by Chief Justice Albright, February 24, 2005)(Remanding a case that was referred to the Panel to the McDowell County Circuit Court)
- Re: Motion to Refer Asbestos Litigation to the Mass Litigation Panel (Admin. Order by Chief Justice Starcher, November 5, 2003)(Granting motion to refer a Mercer County case to the Panel)
- Re: Asbestos Personal injury Litigation, Kanawha County Civil Action No. 03-C-9600: Asbestos Exigent Cases (All cases filed after Sept. 6, 2001 and serious injury, i.e. Mesothelioma cases, approximately 1,230 cases) (Admin. Order by Chief Justice Starcher, August 7, 2003)(Assigning exigent cases to Judge Wilson in Hancock County)
- Re: Motion to Refer Asbestos Litigation to the Mass Litigation Panel (Admin. Order by Chief Justice Starcher, July 25, 2003)(Granting motion to refer two Harrison County cases to the Panel)
- Re: Assignment of the Honorable Ronald E. Wilson, the Honorable James P. Mazzone, and the Honorable Mark A. Karl, to Assist and to Preside in the Asbestos Cases referred to the Mass Litigation Panel, Kanawha County Civil Action Nos. 03-C-9600 and 03-C-9800 (Admin. Order by Chief Justice Starcher, April 2, 2003) (Assigning judges, directing preparation of a case management order)
- Re: Motion to Refer Asbestos Litigation to the Mass Litigation Panel (Admin. Order by Chief Justice Starcher, April 2, 2003)(Granting a motion to refer a Hancock County case to the Panel)
- Re: Assignment of the Honorable Arthur M. Recht, as Supervising Judge, with the Assistance of the Honorable Booker T. Stephens, to Preside in Asbestos Cases referred to the Mass Litigation Panel (Admin. Order by Acting Chief Justice Starcher, July 9, 2002)(In light of the retirement of Judge MacQueen and the disqualification of Judge Gaughn)
- Re: Assignment of a Supervising Judge to Preside in Asbestos Litigation referred to the Mass Litigation Panel (Admin. Order by Chief Justice McGraw, July 9, 2001)(Follow-up to Allman decision; assigning Judge Gaughn to assist Judge MacQueen; directing that all asbestos personal injury cases filed subsequent to Motion to Refer on June 27, 2000 be transferred to the Panel)
- Re: Motion to Refer Asbestos Litigation to the Mass Litigation Panel (Admin. Order by Chief Justice McGraw, February 28, 2001)(Amending list of cases not subject ot the stay outlined in Nov. 17, 2000 order)
- Re: Recall of the Honorable A. Andrew MacQueen to Active Service to Preside in the Circuit Court of Kanahwa County, Thirteenth Judicial Circuit, in all Asbestos Proceedings Transferred to the Circuit Court of Kanawha County referred by the Mass Litigation Panel (Admin. Order by Chief Justice McGraw, January 30, 2001)(In light of the retirement and subsequent appointment to senior status of Judge MacQueen)
- Re: Motion to Refer Asbestos Litigation to the Mass Litigation Panel (Admin. Order by Chief Justice Maynard, December 20, 2000)(Transferring cases to Kanawha County with Judge MacQueen, a Panel member, to preside)
- Re: Motion to Refer Asbestos Litigation to the Mass Litigation Panel (Admin. Order by Chief Justice Maynard, November 17, 2000)(Adopting recommended order, granting limited stay, ordering a report on litigation plan)
- Recommended Order to the Chief Justice (Panel Order by Judge Hutchison, November 14, 2000)(Recommending that motion to refer be granted)
- Re: Motion to Refer Asbestos Litigation to the Mass Litigation Panel (Admin. Order by Chief Justice Maynard, August 29, 2000)(Directing Judge Hutchison, a Panel Member, to conduct a hearing and submit recommendation)
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