Notes

Many Of The Most Exciting Things That Are Happening With Ny Asbestos Litigation
New York Asbestos Litigation

In New York, mesothelioma and lung cancer patients can seek compensation through an experienced mesothelioma lawyer. Exposure to asbestos often causes these types of illnesses; symptoms may take decades before they show up.

Judges who oversee the caseload of NYCAL 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 very different than the typical personal injury lawsuit. These cases involve many defendants (companies which are being sued) and law firms representing plaintiffs as well as numerous expert witnesses. These cases usually are based on specific job areas because asbestos was used to create various products, and a large number of workers were exposed to asbestos at work. Asbestos-related victims are often diagnosed with serious illnesses such as mesothelioma and lung cancer.

New York has its own unique way of dealing with asbestos litigation. In fact, it is one of the largest dockets in the United States. It is governed under a special Case Management Order. This CMO was created to manage the large number of asbestos cases that involve numerous defendants. The judges who are part of the NYCAL docket have experience in asbestos cases. The docket has also seen some of the most prestigious award for plaintiffs in recent times.

The New York Court of Appeals has recently made significant changes to the NYCAL docket. In 2015 the political system in Albany was rocked to its foundations by the conviction of former Assembly Speaker Sheldon Silver on federal corruption charges. Silver was accused of sabotaging tort reform legislation in the legislature for a period of 20 years, while also working at 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 a number changes to the docket.

Moulton introduced an amendment to the NYCAL docket that requires defendants to present evidence that their products are not responsible for the mesothelioma that plaintiffs suffer from. Additionally, he introduced a new practice in which he would not dismiss cases until expert witness testimony was completed. This new policy will dramatically affect the speed of discovery in cases in the NYCAL docket and may result in better outcomes for defendants.

A federal judge in the Eastern District of Virginia dismissed MDL 875 recently and ordered that all asbestos cases in the future be transferred to another District. This should result in more consistent and efficient handling of these cases because the MDL currently MDL has developed a reputation for discovery abuse in the past, unjustified sanctions, and minimal evidentiary requirements.

Central New York Asbestos Litigation Dockets

After years of mismanagement and corruption by the former Assembly Speaker Sheldon Silver, the scandals regarding his connections to asbestos lawyers have finally attracted the attention of the asbestos docket that is rigged. Justice Peter Moulton, who is now the head of NYCAL has already hosted a Town Hall meeting with defense lawyers to hear complaints regarding the "rigged" system that favors a powerful asbestos law firm.

Asbestos litigation differs from the typical personal injury lawsuit, which has many of the same defendants (companies that are sued) and plaintiffs (people who file lawsuits). Asbestos cases also typically involve similar job sites where many people were exposed to asbestos, frequently leading to mesothelioma, lung cancer or other diseases. This can lead large verdicts that could clog dockets of the courts.

To address the problem In order to tackle the issue, a few states have passed laws that limit these types of claims. These laws typically cover issues like medical requirements, two-disease regulations expedited case scheduling, forum shopping, joinders, punitive damages and successor liability.

Despite these laws states continue to see an influx of asbestos lawsuits. Some courts have created "asbestos Dockets" to help reduce the number and speed up the resolution of these cases. These dockets are governed by various rules that are tailored specifically for asbestos cases. The New York City asbestos court is one example. It requires applicants to meet certain medical requirements and has rules for two diseases. It also uses an accelerated schedule.

Certain states have also enacted laws to limit the amount of punitive damages awarded in asbestos cases. These laws are designed to discourage particularly bad behavior and provide greater compensation to the victims. Whatever the case is filed in federal or state court, you should consult with a New York mesothelioma lawyer to know how these laws impact your particular situation.

Alfred Sargente concentrates his practice in environmental and toxic tort litigation as well as product liability and commercial litigation. He also handles general liability issues. He has a wealth of experience in defending clients from claims that claim exposure to lead, asbestos and World Trade Center dust in both New York and New Jersey. He is also frequently defending cases that claim exposure to other contaminants and hazards like noise, mold, vibration and environmental toxics.

Southern New York Asbestos Litigation Dockets

Thousands of people have died from asbestos exposure in New York. Across five counties, mesothelioma victims and their loved ones have filed lawsuits against manufacturers of asbestos-based products for compensation. Successful mesothelioma lawsuits hold negligent asbestos companies accountable for their rash decisions to place profits over public safety.


New York mesothelioma attorneys have experience representing clients of all backgrounds against the biggest asbestos producers in the nation. Their legal strategies could lead to an impressive settlement or verdict.

Asbestos litigation in New York has a rich background, and it continues to make headlines. According to the 2022 national report on mesothelioma claims filed by KCIC, New York is the third most sought-after jurisdiction in which to file mesothelioma lawsuits, following California and Pennsylvania.

The judicial system of the state is shaken by the flood of asbestos lawsuits. Sheldon Silver, the former Assembly Speaker, was convicted in 2015 of federal corruption charges in connection with millions of dollars in referral fees which he received from powerful political plaintiffs law firms Weitz & Luxenberg for handling asbestos cases. Following the scandal, Justice Sherry Klein Heitler who was in charge of NYCAL since 2008, was replaced amidst reports that she provided "red-carpet treatment" to Weitz & Luxenberg asbestos lawsuits.

Justice Heitler was succeeded as NYCAL judge by Justice Peter Moulton, who has made it clear that defendants are not entitled to summary judgment unless they present a "scientifically sound, reliable and admissible scientific study" showing the measured exposure of a plaintiff was not enough to cause mesothelioma. This effectively ends the possibility that NYCAL defendants can get summary judgment.

In addition, Justice Moulton has ruled that a plaintiff must show some damage to his or her health as a result of exposure to asbestos for a court to give compensatory damages. This ruling, when combined with a decision in early 2016 that ruled that medical monitoring is not a tort claim, makes it virtually impossible for an asbestos defense lawyer to win a NYCAL summary judgment motion.

In the case that Judge Toal was in charge of mesothelioma-related lawsuits brought against DOVER Green, the company is accused of violating asbestos work practices regulations when it renovated Manhattan campus buildings in October 2013 to raise funds for a charity. The lawsuit claims that DOVER GREENS failed to follow CAA and NESHAP requirements for asbestos by failing to inspect the campus and notifying EPA before starting renovation activities and to properly remove, store and dispose of asbestos; and have a trained representative in place during renovations.

Eastern New York Asbestos Litigation Dockets

Asbestos-related personal injury and death cases once filled up federal court dockets and judges' judicial resource were drained, making it difficult for them from addressing criminal cases or important civil disputes. This bloated litigation hindered the prompt compensation of victims and irritated innocent families. It also caused companies to spend a lot of money on defense.

Asbestos claims are filed by those diagnosed with mesothelioma and other asbestos-related diseases following exposure to asbestos in their work environment. The majority of cases are filed by construction workers, shipyard employees, and other tradesmen who worked on buildings that were or were constructed using asbestos-containing materials. These individuals were exposed by asbestos fibers that were dangerous during the manufacturing process or while working on the actual structure.

The first significant mass tort was asbestos litigation. From the late 1970s until early 1980s, asbestos exposure led to an influx of personal injury and wrongful deaths lawsuits. This was the case in federal and state court across the nation.

The plaintiffs in these lawsuits claim that their illnesses resulted from the negligent manufacture of asbestos products and that companies did not inform them of the dangers of asbestos exposure. While the majority of asbestos cases were filed in state courts, a majority were filed in federal courts.

In the early 1990s, recognizing that this litigation was "terrible calendar congestion," District Judge Jack B. Weinstein and New York Supreme Court Justice Helen Freedman jointly consolidated for settlement and pretrial purposes hundreds of state and federal lawsuits which claimed asbestos exposure at the Brooklyn Navy Yard. Under the supervision of the Special Master, Judge Weinstein and Justice Freedman consolidated these cases, referred to as Brooklyn Navy Yard consolidation.

Although who asbestos litigation guidance of these cases were relating to the Brooklyn Navy Yard, many of the defendants were common defendants in other asbestos cases. The list of defendants included Garlock, Inc; H & A Construction Company, as successors to Spraycraft Corporation; CRH, Inc., as the successor to E.I. Dupont, W.R. Grace and Company Empire-Ace Insulation Manufacturing Corporation, Bell/Atlas Asbestos Corp., and DNS Metal Industries, Inc. were all defendants.

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