Plaintiffs who opted out of last year’s massive settlement of respiratory and other claims stemming from the cleanup after the terror attacks on the World Trade Center will have additional time to examine whether the reopened federal victim compensation fund offers a better deal than what they might get by litigating in New York.

While refusing to grant a stay on discovery and motion practice for the 78 people who declined to join more than 10,000 plaintiffs in accepting the settlement reached last year, Southern District Judge Alvin K. Hellerstein has laid out an extended schedule that will allow those who opted out to make rational decisions on whether to stay in the lawsuit or take money from the fund.

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