Notes

Why You Should Not Think About The Need To Improve Your Ny Asbestos Litigation
New York Asbestos Litigation

Mesothelioma sufferers in New York can receive compensation from a mesothelioma attorney. These diseases are usually caused by asbestos exposure. The symptoms may not show up for decades.


The judges who manage NYCAL's caseload have developed a pattern of favoring plaintiffs. A recent ruling could further erode defendants' rights.

Upstate New York Asbestos Litigation Dockets

Asbestos litigation is different from the typical personal injury lawsuit. These cases include multiple defendants (companies being sued) and multiple law firms representing plaintiffs, and multiple expert witnesses. In addition there are often specific workplaces which are the focus of these cases because asbestos was used in a variety of products and many workers were exposed to asbestos while working. Asbestos victims are often diagnosed with serious illnesses such as mesothelioma and lung cancer.

New York has a unique approach to asbestos litigation. In reality, it is one of the largest dockets in the United States. It is managed by a special Case Management Order. This CMO was designed to handle asbestos cases that have many defendants. The judges who are part of the NYCAL docket are experienced in asbestos cases. The docket is also the scene of some of the most significant plaintiff verdicts in recent history.

New York Court of Appeals made significant changes to the NYCAL docket last week. In 2015, the political establishment in Albany was shaken to its core when former Assembly Speaker Sheldon Silver was convicted on federal corruption charges. He had been accused of killing every reasonably crafted tort reform bill in the legislature for more than 20 years, 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 some changes to the docket.

Moulton introduced a new rule for the NYCAL docket that requires defendants to submit evidence that their products are not the cause of mesothelioma in plaintiffs. In addition, he instituted a new practice in which he did not dismiss cases until all expert witness testimony was completed. This new policy will significantly alter the speed of discovery in cases on the NYCAL docket and may result in more favorable outcomes for 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 will result in an efficient and uniform treatment of these cases. The current MDL is infamous for its abusive discovery practices, unwarranted sanction and low evidentiary standards.

Central New York Asbestos Litigation Dockets

After years of mismanagement and corruption by former Assembly Speaker Sheldon Silver, the scandals surrounding his ties to asbestos lawyers have brought attention to New York City's asbestos docket, which is rigged. Justice Peter Moulton is now the head of NYCAL and has already held a town hall meeting with defense attorneys to hear complaints about the "rigged" system that favors one mighty asbestos law firm.

Asbestos litigation differs from a typical personal injury case, as it involves many of the same plaintiffs and defendants. Asbestos litigation also includes similar workplaces, where many people were exposed asbestos, leading to mesothelioma and lung cancer. This can result in huge judgments in cases, which can clog the court dockets.

To limit this problem, several states have passed laws to limit the type of claims that can be filed. These laws typically address medical criteria, two disease rules, expedited scheduling, joinders and forum shopping, punitive damage and successor liability.

Despite these laws some states still face a large number of asbestos lawsuits. To reduce the number of cases filed and resolve them faster certain courts have created special "asbestos dockets" which apply a set of different rules for these cases. The New York City asbestos docket for instance, requires claimants to meet specific medical criteria, has a two-disease rule and uses an accelerated trial schedule.

Certain states have passed laws that restrict the amount of punitive damages awarded in asbestos cases. These laws are intended to deter particularly bad behavior and allow for greater compensation to the victims. You should speak with a New York Mesothelioma Lawyer regardless of whether you decide to file your case in state or federal courts to understand the laws that apply to your case.

Alfred Sargente concentrates his practice in environmental and toxic tort litigation including product liability, commercial and toxic tort litigation. He also is a specialist in general liability issues. He has a wealth of experience in defending clients from claims that claim exposure to asbestos, lead and World Trade Center dust in both New York and New Jersey. He has also defended claims claiming exposure to many other contaminants and hazards such as chemical and solvents as well as vibration, noise, mold, and environmental toxins.

Southern New York Asbestos Litigation Dockets

New York has seen thousands of deaths resulting from asbestos exposure. Mesothelioma patients and their families have filed lawsuits in five counties against the manufacturers of asbestos-containing products to seek compensation. Mesothelioma lawsuits which are successful hold negligent asbestos companies responsible for their reckless choices.

New York mesothelioma attorneys have the experience of representing clients from all backgrounds against the biggest asbestos producers in the nation. Their legal strategies could result in a favorable settlement or trial verdict.

Asbestos litigation has a long history in New York, and continues to make headlines. The 2022 mesothelioma claim national report from KCIC lists New York as the third most popular place for mesothelioma lawsuit filings, following California and Pennsylvania.

The judicial system of the state is shaken by the flurry of asbestos lawsuits. Sheldon Silver, the former Assembly Speaker, was found guilty in 2015 on federal corruption charges relating to millions of dollars of referral fees he received from politically powerful plaintiffs' law firms Weitz & Luxenberg for handling asbestos cases. Following the scandal, Justice Sherry Klein Heitler, who had managed NYCAL since 2008, was dismissed amid 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 clarified that defendants cannot obtain summary judgment unless they can present an "scientifically sound, reliable and admissible scientific study" showing the measured exposure of a plaintiff was too low to cause mesothelioma. This effectively eliminates the chance that NYCAL defendants will be able to obtain summary judgment.

In addition, Justice Moulton has ruled that a plaintiff must show some injury to his or her health from exposure to asbestos in order for the court to award 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 asbestos defense lawyers to prevail on a NYCAL motion for summary judgment.

In the latest case, Judge Toal was in charge of a mesothelioma suit brought against DOVER Green, a company that is accused of violating asbestos work practice regulations when it renovated Manhattan campus buildings in October 2013 to raise funds for a fundraiser. The lawsuit asserts that DOVER GREENS did not adhere to CAA and Asbestos NESHAP regulations by failing to notify and inspect the EPA prior to beginning renovations, or to properly removing, storing and dispose of asbestos, and having a properly trained representative at renovation activities.

Eastern New York Asbestos Litigation Dockets

Asbestos-related personal injury and death cases once filled up federal court dockets and judges' judicial resources were drained, preventing them to address criminal matters or important civil disputes. The bloated litigation impeded the timely settlement of victims and frustrated innocent families. Additionally, it caused businesses to invest excessive money on defense.

Asbestos claims are filed by people who have been diagnosed with mesothelioma or any other asbestos-related illnesses after being exposed to asbestos in a workplace environment. Most cases are filed by shipyard workers, construction workers employees as well as other tradesmen who worked on buildings that were or were made with asbestos-containing materials. They were exposed to asbestos fibers that were dangerous in the manufacturing process or when working on the actual structure.

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

These lawsuits are filed by plaintiffs who claim their illnesses resulted from the negligence of asbestos manufacturing products. They claim that the companies did not inform them of the dangers of asbestos exposure. More than half of asbestos lawsuits are filed in federal courts.

In the early 1990s recognizing that the litigation was an "terrible congestion of the calendar," District Judge Jack B. Weinstein, and New York Supreme Court justice Helen Freedman consolidated hundreds of federal and State cases that alleged asbestos exposure at the Brooklyn Navy Yard for settlement or pretrial purposes. YouTube and Justice Freedman handled these cases, which were referred to as the Brooklyn Navy Yard consolidation, under the supervision of the Special Master.

A number of defendants had been involved in other asbestos-related 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.

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