It may be a sign of progress that a hearing set for today on a motion for a stay pending appeal in the 9/11 respiratory litigation will not take place. Southern District Judge Alvin K. Hellerstein issued an order yesterday adjourning the hearing, noting that “the parties are engaged in continuing discussions” on the $657 million settlement for some 10,000 plaintiffs who responded to the World Trade Center terror attacks and cleared debris from the site. New York City and its contractors are appealing three orders issued by Judge Hellerstein they claim effectively block them from completing a settlement that took almost two years to negotiate.
Judge Hellerstein said on March 19 that the settlement was “not enough” and was potentially confusing to plaintiffs who must decide whether to opt in or continue to litigate. Lawyers for the city contend the judge does not have the authority to reject the agreement. James Tyrrell, Jr. of Patton Boggs, the lead lawyer for the city and its contractors, has asked the U.S. Court of Appeals for the Second Circuit to reverse the judge on three orders, the last of which was his decision to schedule a “fairness” hearing for Tuesday. The judge’s order yesterday also adjourned that hearing. — Mark Hamblett
Attorney Is Charged In Real Estate Scam
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