2006 Code of Virginia § 8.01-374.1 - Consolidation or bifurcation of issues or claims in certain cases; appeal

8.01-374.1. Consolidation or bifurcation of issues or claims in certaincases; appeal.

A. In any circuit court in which there are pending more than forty civilactions against manufacturers or suppliers of asbestos or products forindustrial use that contain asbestos in which recovery is sought for personalinjury or wrongful death alleged to have been caused by exposure to asbestosor products for industrial use that contain asbestos, the court may order ajoint hearing or trial by jury of any or all common questions of law or factwhich are at issue in those actions. The court may order any or all theactions consolidated, unless the court finds consolidation would adverselyaffect the rights of the parties to a fair trial. The court may submitspecial interrogatories to the jury to resolve specific issues of fact, andmay make such orders concerning proceedings therein consistent with the rightof each of the parties to a fair trial as may be appropriate to avoidunnecessary costs, duplicative litigation or delay.

B. To further convenience or avoid prejudice in such consolidated hearings,when separate or bifurcated trials will be conducive to judicial economy, thecourt may order a separate or bifurcated trial of any claim, or any number ofclaims, cross-claims, counterclaims, third-party claims, or separate issues,always preserving the right of trial by jury. However, in any such bifurcatedproceeding, the entitlement of an individual plaintiff to an award ofpunitive damages against any defendant shall not be determined unlesscompensatory damages have been awarded to that individual.

C. Any order entered pursuant to this section shall, for purposes of appeal,be an interlocutory order. Any findings of the court or jury in anybifurcated trial shall not be appealable until a final order adjudicating allissues on a specific claim or consolidated group of claims has been entered.

D. This section shall not apply to actions arising under Article 6 ( 8.01-57et seq.) of Chapter 3 of this title or the Federal Employers Liability Act(45 U.S.C. 51 et seq.). In addition, this section shall not apply to anyparty defendant unless that defendant was a manufacturer of, or a supplierof, asbestos or products for industrial use that contain asbestos, at any ofthe times alleged in the motion for judgment.

(1992, c. 615.)