The Times They Are a-Changin': Madison County Revises Standing Order for Asbestos Lawsuits

On November 17, 1995, the Circuit Court of Madison County issued a Standing Case Management Order for All Asbestos Personal Injury Cases. The Order purportedly intended to address the backlog of asbestos lawsuit filings in Madison County and increase efficiency of the asbestos docket.  In January 2011 and August 2016, the court amended the Standing Order. Following those revisions, the court entered a supplement to the Standing Order in March 2020 to address the COVID-19 pandemic. Otherwise, the court left the Standing Order unchanged.

Recently, on September 5, 2024, Judge Andrew Carruthers, who presides over the Madison County asbestos docket, entered a revised version of the Standing Order. Asbestos lawsuit defense attorneys should be aware that under the revised Order, it is now easier for plaintiffs’ firms to obtain trial settings. For example, prior to the recent revisions, the Standing Order limited the number of cases plaintiffs’ firms could set for trial each year. The Revised Standing Order no longer contains a firm limit on the number of trial settings allowed per year.  Rather, the court will “use its discretion as needed to limit the maximum number of cases to set for “first out” trial status.” 

Similarly, the Standing Order allowed no more than two plaintiffs’ firms to set cases for trial on a specific trial docket. In the Revised Standing Order, this limitation has been removed.

Additionally, the Standing Order previously limited the number of “priority” cases to 19 per trial docket. Priority cases are those that are considered “trial-ready.” Beginning in 2025, the court will use its discretion as needed to determine whether the total number of cases identified as priority cases assigned to trial by a single plaintiffs’ firm in a given trial week exceeds what is reasonable. 

The Revised Standing Order also changes the procedure for obtaining an expedited trial setting. Previously, a plaintiff who was 70 years or older and had been diagnosed with a “very limited life expectancy” could obtain an expedited trial setting, meaning a trial date sooner than 15 months from the date of filing the complaint. Under the Revised Order, any plaintiff who is 67 years or older, and/or who has a very limited life expectancy due to a condition other than mesothelioma, may be entitled to an expedited trial date, which now means within one year of the hearing on the motion to expedite trial. Moreover, a plaintiff diagnosed with mesothelioma may receive an expedited trial setting to commence within six months of the hearing on the motion to expedite trial. The Revised Order also no longer requires a plaintiff to disclose a diagnosing report or physician letter to obtain an expedited trial setting. Instead, whether to grant an expedited trial setting is left to the court’s discretion.

Another change involves jurors and trial attendance. Previously, the court did not require counsel to attend the first day of trial in a case unless the parties actually intended to proceed with trial. Rather, counsel was required to appear for a mandatory settlement/pre-trial conference the Wednesday before the trial setting and advise the court whether trial would proceed in any cases the following week. Under the Revised Order, plaintiff’s counsel with a case set for trial the following week is required to notify the court no later than 3:00 p.m. on the last business day of the week prior whether counsel intends to proceed to trial the following week. The Revised Order, however, allows plaintiffs’ firms to request that jurors be “held over” until the second business day of the following week (i.e., the week of trial). If this occurs, counsel for the parties is required to appear for an additional mandatory settlement conference on the first business day of the following week. 

There are other procedural and substantive changes to the Revised Standing Order, which can be found at this link. One change worth noting, because it may easily be forgotten or overlooked, involves notices of hearing. When filing a notice of hearing, counsel is now required to include within the notice the date the pleading or motion was filed.