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New York Asbestos Litigation Mesothelioma sufferers in New York can receive compensation from an attorney for mesothelioma. Asbestos exposure is a common cause of these kinds of diseases; symptoms may develop for years before they show up. The judges who manage NYCAL's caseload have developed an inclination to favor plaintiffs. Recent rulings could further weaken the rights of defendants. Upstate New York Asbestos Litigation Dockets Asbestos litigation is much different than the typical personal injury lawsuit. These cases involve a variety of defendants (companies that are sued) as well as multiple law firms representing plaintiffs, and multiple expert witnesses. These cases are often inspired by specific job locations since asbestos was used to make various products, and a large number of workers were subjected to it at work. Asbestos victims often suffer from serious illnesses such as mesothelioma or lung cancer. New York has its own unique approach to dealing with asbestos litigation. In reality, it is one of the largest dockets across the nation. It is managed by a specific Case Management Order. This CMO was created to handle asbestos cases involving many defendants. The Judges involved in the NYCAL docket have extensive experience in asbestos cases. The docket is also the scene of some of the most significant plaintiff verdicts in recent times. The New York Court of Appeals has recently made some significant changes to the NYCAL docket. In 2015 the political establishment in Albany was shaken to its core when the former Assembly Speaker Sheldon Silver was convicted on federal corruption charges. Silver was accused of killing every reasonably crafted tort reform bill in the legislature for more than a decade while working for the plaintiffs firm Weitz & Luxenberg. Justice Sherry Klein Heitler retired in April 2014 amid reports that she gave the Weitz & Luxenberg firm “red carpet treatment”. She was replaced by Justice Peter Moulton who implemented several changes to the docket. Moulton introduced a new rule for the NYCAL docket that requires defendants to submit proof that their products were not responsible for plaintiffs' mesothelioma. He also instituted an updated policy that states that he wouldn't dismiss cases until the expert witness testimony had been completed. This new rule could have significant effects on the pace of discovery for cases in the NYCAL docket and could lead to an outcome that is more favorable to defendants. A federal judge in the Eastern District of Virginia dismissed MDL 875 in the last few days and ordered that all asbestos cases in the future be transferred to a different District. This should result in an efficient and uniform treatment of asbestos cases. The MDL in its current MDL is well-known for its discovery abuse and unjustified sanctions, as well as low evidentiary standards. Central New York Asbestos Litigation Dockets After years of corruption and mismanagement by the former Assembly Speaker Sheldon Silver and his mismanagement scandals involving Sheldon Silver's ties with asbestos lawyers have finally brought attention to the city's asbestos court, which is rigged. Justice Peter Moulton, who is now the head of NYCAL has already held a Town Hall meeting with defense attorneys to hear complaints about the “rigged” system which favors an asbestos law firm with a strong reputation. Asbestos lawsuits differ from the typical personal injury case, as it involves many of the same plaintiffs and defendants. Asbestos cases also typically involve similar job sites where many workers were exposed to asbestos, frequently leading to mesothelioma or lung cancer, as well as other diseases. This can result in large case verdicts, which can block court dockets. To limit this problem, several states have passed laws that restrict the types of claims that can be filed. They typically deal with medical requirements, two disease rules, expedited scheduling, joinders, forum shopping, punitive damages and successor liability. Despite these laws, some states still face a large number of asbestos lawsuits. In an effort to reduce the number of filings and resolve them faster, some courts have set up special “asbestos dockets” that use a variety of different rules to these cases. The New York City asbestos docket for instance demands that claimants meet specific medical criteria, has a two-disease rule and utilizes an accelerated trial schedule. Certain states have passed laws that restrict the amount of punitive damages that can be awarded in asbestos cases. These laws are designed to deter bad behavior and provide greater compensation to the victims. Regardless of whether your case is filed in federal or state court, you should consult with an New York mesothelioma lawyer to understand how these laws affect your specific situation. Alfred Sargente focuses his practice on toxic tort and environmental litigation including commercial litigation, product liability and general liability matters. He has a wealth of experience the defense of clients against claims of exposure to asbestos, lead and World Trade Center Dust in both New York City and New Jersey. He also regularly defends claims alleging exposure to numerous other hazardous substances and contaminants such as solvents and chemical, vibration, noise, mold and environmental toxics. Southern New York Asbestos Litigation Dockets Many people have died from asbestos exposure in New York. Mesothelioma patients and their families have filed lawsuits in five counties against companies that manufacture of asbestos-related products in order to seek compensation. Mesothelioma lawsuits that are successful hold negligent asbestos companies accountable for their reckless choices. Vista asbestos lawyer have expertise in representing clients from all backgrounds against the largest asbestos producers in the nation. Their legal strategies could result in a generous verdict or settlement. Asbestos litigation in New York has a rich background, and it continues to be the subject of headlines. The 2022 mesothelioma claim national report by KCIC lists New York as the third most popular place for mesothelioma lawsuits, following California and Pennsylvania. The judicial system of the state has been shook by the flurry of asbestos lawsuits. In 2015 the former Assembly Speaker Sheldon Silver was convicted on federal corruption charges that were linked to the millions of dollars of referral fees he received from the powerful plaintiffs law firm Weitz & Luxenberg from handling asbestos cases. Following the scandal, Justice Sherry Klein Heitler who had been the head of NYCAL since 2008, was fired amid reports that she had given “red-carpet treatment” to Weitz & Luxenberg asbestos lawsuits. Justice Peter Moulton succeeded Justice Heitler as NYCAL judge. He has declared that defendants won't be able to get summary judgment without the existence of a “scientifically valid and legally admissible research” proving the measured dose of exposure a plaintiff received was not enough to cause mesothelioma. This effectively ends the possibility that NYCAL defendants can obtain summary judgment. In addition, Justice Moulton has ruled that a plaintiff must prove some damage to their health as a result of exposure to asbestos for a court to give compensatory damages. This ruling, along with a decision made in early 2016 which ruled that medical monitoring is not a tort, makes it nearly impossible for an asbestos defence lawyer to prevail on a NYCAL Summary Judgment motion. The latest case in which Judge Toal is presiding, a mesothelioma lawsuit filed against DOVER GREENS, alleges that the company violated asbestos work practice regulations when it renovated buildings on the Manhattan campus in October 2013 to host an event for fundraising. The lawsuit asserts that DOVER GREENS did not follow CAA and Asbestos NESHAP regulations by failing to notify and inspect the EPA prior to starting renovations, or to properly remove, store and dispose of asbestos, and having a properly trained representative on site during renovations. Eastern New York Asbestos Litigation Dockets Asbestos-related personal death and injury cases clogged federal court dockets, and judges' judicial resources were drained, making it difficult for them from addressing criminal matters or other important civil disputes. The overflowing litigation prevented timely compensation of victims as well as frustrated innocent families. Additionally, it caused businesses to spend excessive amounts of money on defense. Asbestos claims can be filed by those diagnosed with mesothelioma or other asbestos-related ailments, after exposure to asbestos in the workplace. The majority of cases are filed by shipyard workers, construction employees, employees, and other tradesmen working on buildings that contained or were made with asbestos-containing materials. These individuals were exposed by asbestos fibers that were dangerous during the manufacturing process or while working on the structure. The first significant mass tort was asbestos litigation. In the latter part of the 1970s and 1980s an avalanche of personal injury and wrongful death cases arising from asbestos exposure filled the courts. This was the case in both state and federal courts across the country. Plaintiffs in these lawsuits argue that their illnesses were caused by the negligent manufacture of asbestos products and that companies did not warn them about the dangers associated with such exposure. While the majority of asbestos cases were brought in state courts, more than half were filed in federal courts. In the early 1990s recognizing that the litigation was a “terrible overload of the calendar,” District Judge Jack B. Weinstein, and New York Supreme Court justice Helen Freedman consolidated hundreds of federal and State cases involving asbestos exposure at the Brooklyn Navy Yard for settlement, pretrial, and discovery purposes. Judge Weinstein and Justice Freedman handled these cases, which were called the Brooklyn Navy Yard consolidation, under the supervision of the Special Master. While the majority of these cases were relating to the Brooklyn Navy Yard, many of the defendants were common defendants in other asbestos claims. The defendants were Garlock, Inc, H & A Construction Company, as successors to Spraycraft Corporation, CRH, Inc., successors to E.I. Dupont; W.R. Grace and Company; Empire-Ace Insulation Manufacturing Company Bell/Atlas Asbestos Corp.; and DNS Metal Industries, Inc.