IN RE WORLD TRADE CENTER LOWER MANHATTAN DISASTER SITE

Nos. 12-3403-cv(L), 12-3729(Con).

758 F.3d 202 (2014)

In re WORLD TRADE CENTER LOWER MANHATTAN DISASTER SITE LITIGATION. Dorota Markut, et al., Plaintiffs, Byron Acosta, et al., Plaintiffs-Appellants, v. Verizon New York Incorporated, Defendant-Appellee, Tully Industries, Inc., et al., Defendants, WTC Captive Insurance Company, Inc., Interested-Party, Worby Groner Edelman & Napoli Bern, LLP, Cross-Defendant.

United States Court of Appeals, Second Circuit.

Decided: July 10, 2014.


Attorney(s) appearing for the Case

Denise A. Rubin ( Paul J. Napoli and W. Steven Berman , on the brief), Napoli Bern Ripka Shkolnik LLP, New York, N.Y., for Plaintiffs Dorota Markut, et al., and Plaintiffs-Appellants Byron Acosta, et al.

Lee Ann Stevenson , Kirkland & Ellis LLP, New York, N.Y., ( Richard E. Leff , McGivney & Kluger, P.C., on the brief), New York, N.Y., for Defendant-Appellee Verizon New York Incorporated.

James E. Tyrell , Patton Boggs LLP, Newark, NJ, for Defendants Tully Industries Inc., et al.

Margaret H. Warner , McDermott Will & Emery LLP, Washington, DC, for Interested-Third-Party WTC Captive Insurance Company, Inc.

Before: LYNCH, CHIN, and DRONEY, Circuit Judges.


CHIN, Circuit Judge:

In the aftermath of the attacks on the World Trade Center ("WTC") on September 11, 2001, thousands of individuals participated in rescue, recovery, and clean-up operations at the World Trade Center site and surrounding areas. Many sustained injuries and brought lawsuits seeking compensation. These cases were consolidated before a single judge, the Honorable Alvin K. Hellerstein, in the United States District Court for the Southern District of...

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