A federal judge is encouraging defendants currently outside the scope of a recently announced $712.5 million World Trade Center settlement to join the settlement, calling it fair and reasonable for injured plaintiffs.
Speaking in court on June 25, Judge Alvin K. Hellerstein of the U.S. District Court for the Southern District of New York, said, "It is my hope that the pathway opened by the plaintiffs and the city and its contractors is one [other defendants] can explore to the extent they want to.... The proper mode to move forward is to organize a procedure so that any party that wishes to settle may do so...."
On June 23, Judge Hellerstein signed an order approving a settlement for workers' claims against the World Trade Center Insurance Company--a not-for-profit insurance company enabled by Congress to defend and indemnify New York City and the contractors it hired for 9/11 rescue work.
The settlement will cost the WTC Captive $625 million in cash at the required 95 percent plaintiff participation, with an additional $87.5 million paid if certain conditions are met.
Plaintiffs will have 90 days to opt into the settlement, unless that period is extended, WTC Captive said.
But, WTC Captive noted, while the settlement is intended to resolve all plaintiffs' claims against the City of New York and its contractors, there are hundreds of other defendants in these cases currently outside the scope of the settlement.
While lawyers for the many defendants that are not part of the current settlement argued that their cases should be allowed to proceed to the discovery phase and eventually to trial, the judge disagreed, saying the best result for all concerned is to begin negotiations with those other defendants and attempt to achieve resolution.
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