New York State establishes mass tort cases regime.

Mass tort cases filed in New York state courts will be subject to consolidation for pretrial purposes under an order issued by the state's Administrative Board of the Courts in February, which added Section 202.69 to the state's Uniform Civil Rules of the Supreme and County Courts.

Emulating the federal courts multi-district litigation system, the New York rule establishes a four-judge panel whose function will be to decide which cases qualify for consolidation for pretrial purposes based on common facts and parties. Helen E. Freedman of Manhattan, who has handled several mass tort cases alleging product liability, was designated as presiding judge of the panel.

In one respect, the New York procedure will permit something denied to the assignee judges in the federal system. In Lexecon Inc. v. Milberg Weiss Bershad Hynes & Lerach, 523 U.S. 26 (1998), the U.S. Supreme Court, interpreting the federal...