Southern District Judge Alvin K. Hellerstein has rejected arguments by attorneys in the 9/11 respiratory litigation that pretrial practice should be stayed in the 85 cases that opted out of the 2010 settlement with New York City and its contractors until more clarity is obtained about benefits under the recently passed Zadroga Act.

The judge on Wednesday issued an order that lawyers provide by April 15 lists of those cases that are susceptible to motion to dismiss and those that can move to trial and a description of the discovery that needs to be completed.

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