The horrific events of 9/11 have spurred much litigation ranging in type from the scope of available insurance coverage to whether various foreign governments can be sued for their role in fostering the development of the terrorists who committed the attacks. One of the more complicated sets of litigation, however, has been the MC 100, MC 102 and MC 103 litigation in NY’s Southern District. This litigation deals with individuals who claim they became sick after participating in the clean-up of lower Manhattan or in attempting to engage in rescue or other emergency operations. As you can imagine, the litigation is quite enormous and includes many thousands of plaintiffs. On January 3, 2012, many of those litigants must make a choice — continue with their litigation or become eligible to share in a $2.76 billion federal fund that was created for people who developed illnesses after their 9/11 work. We shall see if this deadline brings the 9/11 litigation to a temporary end.
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