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In PA, Management Order For Asbestos-Related Personal Injury Claims
It is the goal of this Court to secure the just, expeditious and cost-effective determination of each personal injury case involving exposure to asbestos or asbestos containing products pending or hereafter filed in the Court of Common Pleas of Philadelphia County to eliminate duplication of effort, prevent unnecessary paperwork and promote judicial economy.
In order to achieve these objectives, this 12th day of June, 2006, the Court enters the following Case Management Order for personal injury cases involving exposure to asbestos or asbestos-containing products.
This Case Management Order supersedes all prior Case Management Orders entered in the Asbestos Litigation and shall apply to all cases currently pending and hereafter filed in this Court.
I. PLEADINGS
A. Short Form Complaints
A Short Form Complaint shall be filed and served in every case in accordance withthe Pennsylvania Rules of Civil Procedure. Plaintiffs may incorporate by reference theMaster Long Form Complaints filed on the above-captioned docket.
The Short Form Complaint shall contain the information required by PhiladelphiaCivil Rule *1019.1(B), to the extent consistent with the Pennsylvania Rules of CivilProcedure.
A Short Form Complaint that contains premises liability claims shall include thename and address of each work site which the plaintiff alleges exposure to asbestos and thedates during which the plaintiff or the decedent worked at each such work site.
B. Preliminary Objections
In response to each Short Form Complaint, the defendant may file preliminaryobjections, if deemed appropriate, in accordance with the Pennsylvania Rules of Civil Procedure and Philadelphia Civil Rule *1028. The preliminary objections shall be in theform of a pleading. The Motion to Determine Preliminary Objections shall be filed in letterbrief format rather than motion package format. Its caption must specify “AsbestosLitigation” and name opposing counsel. Facts, issues and pertinent case law should beincluded. Each motion must include a proposed order and self-addressed, stamped envelope.C. Answers to ComplaintsDefendant’s answers to complaints are governed by Rule 1041.1 of thePennsylvania Rules of Civil Procedure. Read more at: http://courts.phila.gov |
