Rule 1041.1*. Asbestos Litigation - Special Provisions
Asbestos litigation in Montgomery County is governed by the Pennsylvania Rules of Civil Procedure and the Montgomery County Local Rules of Civil Procedure, except as follows:
(1) Local Rule *262 (relating to trial lists) shall not apply. Settlement
conferences are scheduled and cases are listed for trial by Order of
Court.
(2) In addition to the requirements of the Pennsylvania Rules of
Civil Procedure and Local Rules 301* and 302*, copies of motions,
petitions, responses thereto, and briefs, shall be served upon the
law clerk for asbestos litigation. For matters subject to Local Rule
302*, the filing of a praecipe shall have the effect of commencing the
briefing schedule but not of listing the case for argument, which shall
be done by the Court with the assistance of the law clerk for asbestos
litigation.
(3) Local Rule 4019* pertaining to discovery masters shall not apply.
When a discovery motion is at issue as provided in Local Rule 4019*,
counsel shall notify the law clerk for asbestos litigation, who shall
arrange for disposition of the matter by the Court.
(4) Arguments, hearings, and trials are ordinarily listed only before
the Judges assigned to the asbestos litigation.
(5) The following procedure shall be in effect with respect to cases
subject, or alleged to be subject to Simmons v. Pacor, Inc., 543 Pa.
664, 674 A.2d 232 (1996):
A. Within four months of the effective date of this subsection
with respect to asbestos cases pending on the effective date,
and within four months after the filing of each asbestos case
filed after the effective date of this Rule, plaintiff in each such
case shall either elect to pursue a claim for medical monitoring,
or transfer the case to inactive status.
B. A plaintiff desiring to pursue a claim for medical monitoring
shall, by letter, notify the law clerk for asbestos litigation, with
copies to all other counsel. The law clerk for asbestos litigation
shall consult with the Court, which will issue appropriate Orders
scheduling a conference, and thereafter list the case for
arbitration or trial, as appropriate.
C. With respect to cases in which plaintiff does not presently
wish to pursue a claim for medical monitoring plaintiff shall
file with the Prothonotary, and serve on all other counsel and
on the law clerk for asbestos litigation, a praecipe to transfer
to inactive status. The praecipe shall be in the following form:
Responses shall be filed at or before the time the rule is
returnable, and shall be served on all counsel and on the law
clerk for asbestos litigation.
E. Upon receipt of any responses, the law clerk for asbestos
litigation shall refer the petition to the Court, which will schedule
the matter for argument or hearing as appropriate. If no
responses are filed the Court Administrator will forward the
Petition to the Signing Judge.
F. After a case has been transferred to inactive status,
whether by praecipe or by petition and order, the
Prothonotary will maintain the case as an inactive file, the
law clerk for asbestos litigation will remove the case from
the list of pending cases eligible for trial listing, and no party
may take any action with respect to the case, except for the
taking of depositions of an aged or infirm witness for
purposes of preservation of testimony unless and until the
Court, by Order shall direct that the case by retransferred to
active status, upon petition and rule filed in accordance with
the procedure set forth in subparagraph (D) above.
Comments -
1. The Honorable Albert R. Subers and the Honorable William J. Furber, Jr., are the judges assigned to the asbestos litigation. Judge Subers is the Administrative Judge for asbestos litigation.
2. By Order dated April 12, 1982, the law clerk for asbestos litigation is: Donald J. Martin, Esq., 22 West Airy St., Norristown, PA 19401-4769, Telephone: (610) 277-6772, Fax: (610) 277-4993.
3. The Orders scheduling cases for trial and settlement conferences ordinarily contain deadlines, including deadlines for the completion of discovery and for filing certain motions. These are completion deadlines. It is not necessary for a scheduling order to issue for counsel to engage in earlier, appropriate, discovery and motion practice.
4. Except as stated in sub-paragraph D below, a discontinuance of an action as to less than all parties may not be entered without notice and an opportunity to respond to all other parties. This may be accomplished as follows:
A. If a stipulation is signed by counsel for
all parties to the litigation, Pa.R.C.P. 229(b) does not require leave of court. The fully executed stipulation may be filed with the Prothonotary.
B. A petition for approval of discontinuance may be filed pursuant to
Montgomery County Local Rules of Civil Procedure 19 Rev: 8/03 Pa.R.C.P. 206.1 et seq., and Montgomery County Local Rule of Civil Procedure 301*. A rule to show cause shall be requested on the cover sheet. The cover sheet should be followed by a form of order approving he discontinuance, by a petition, and by the original stipulation executed by counsel for plaintiff and counsel for the party against whom proceedings are being discontinued. Upon receipt of the return day from the Court Administrator counsel should serve all parties, and file with the Prothonotary a separate certification of service indicating service of the petition and the rule to show cause, noting the return day. If no answer is filed at or before the time the rule is made returnable, the petition will be forwarded by the Court Administrator to the Civil Signing Judge in accordance with the practice pertaining to any petition requiring a return day.
C. Stipulations for discontinuance signed by counsel for plaintiff and counsel for the party against whom proceedings are being discontinued may be presented to the Court at a scheduled settlement conference for the case in question. If no objection is raised at the conference, the Court normally approves the stipulation and returns it to counsel for filing and for service on all parties.
D. If a case has been settled by all parties from whom plaintiff seeks a recovery, a discontinuance may be entered as to any other parties by stipulation signed by counsel for plaintiff, the original of which shall be transmitted to the law clerk for asbestos litigation, with copies served on all other parties. The law clerk for asbestos litigation shall transmit the stipulation to the appropriate judge for approval. Since parties who may have claims for contribution or indemnification have not been given the opportunity to object, such a stipulation is subject to being stricken on the petition of an interested party. Counsel may wish to proceed in accordance with subparagraph B, above, to minimize this risk.
5. Certificates of service shall indicate the name and address of counsel or the parties on which service has been made. A certificate of service “on all parties”, or “on all counsel of record” without stating who they are, does notestablish service on anyone.
6. At the time of the adoption of the addition of subparagraph (5) the Court was aware that litigation was pending in other jurisdictions relating to the manner in which claims for medical monitoring can be pursued, and if such claims can be pursued. The provisions of this subsection (5) creating a procedure to pursue medical monitoring claims does not express the Court’s opinion on this issue. This Rule does not preclude any appropriate motion in any case.
