Resolute Takes a Hit; Amtrak Wins Broad Discovery

Resolute’s asbestos claims management is in the gunsights of many, for multiple reasons. Resolute just took a notable discovery hit from Amtrak and Anderson Kill. Specifically, a November 23, 2016 opinion reaffirms and extends prior orders requiring broad production of documents and/or privilege logs. The new opinion and order is  Certain Underwriters at Lloyd’s v. Amtrak, No. 16-MC-2778 (FB), 2016 U.S. Dist. LEXIS 162783 (E.D.N.Y. Nov. 23, 2016). The ruling provides the following broad overview of the outcome:

“Currently pending before the Court is Amtrak’s motion to enforce a subpoena duces tecum served upon non-party Resolute Management, Inc. (“RMI”), which directs litigation, manages discovery and conducts the handling of Amtrak’s claims for coverage, including those at issue in the underlying action, on behalf of all the Underwriters at Lloyd’s who are parties to the coverage case and on behalf of a number of additional London insurers and non-London insurers. See Amtrak’s Motion to Compel (Oct. 11, 2016) (“Amtrak Mot.”), DE #1. In the underlying action, the Court previously ruled on, and in substantial part denied, a motion for a protective order filed by the RMI-represented entities concerning the same subpoena served upon RMI. See Minute Entry (Aug. 9, 2016) (“8/9/16 Minute Entry”), DE #423.

For the reasons set forth below, the Court grants Amtrak’s motion to compel, except to the limited extent described herein.”

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About Kirk

Since becoming a lawyer in 1983, Kirk’s over 30 years of practice have focused on advising a wide range of corporations, associations, and individuals (as both plaintiffs and defendants) on both tort and commercial law issues centered around “mass torts.”

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