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New York Asbestos Litigation

In New York, mesothelioma and lung cancer victims can find compensation through an experienced mesothelioma lawyer. Exposure to asbestos often causes these types of illnesses; symptoms may develop for years before they manifest.

The judges who manage NYCAL's caseload have developed an inclination to favor plaintiffs. Recent rulings could further undermine the rights of defendants.

Upstate New York Asbestos Litigation Dockets

Asbestos litigation is distinct from the typical personal injury lawsuit. These cases involve multiple defendants (companies being sued) and multiple law firms representing plaintiffs, as well as multiple expert witness. These cases usually are based on specific job sites since asbestos was used to create various products and a lot of workers were subjected to it during their work. Asbestos-related victims are often diagnosed with serious diseases like 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.  how asbestos litigation deal  is governed by a special Case Management Order. This CMO was created to manage large numbers of asbestos cases involving numerous defendants. The judges on the NYCAL docket are experienced in asbestos cases. The docket has also seen some of the highest award for plaintiffs in recent times.

New York Court of Appeals made significant changes to the NYCAL docket recently. 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 created tort reform bill that was passed by the legislature for more than a decade while working for the plaintiffs firm Weitz & Luxenberg.

Justice Sherry Klein Heitler, the long-time supervisor of the NYCAL docket, was dismissed in April 2014 amid reports that she'd given the Weitz & Luxenberg law firm "red-carpet treatment." She was replaced by Justice Peter Moulton, who introduced a variety of changes to the docket.

Moulton introduced an amendment to the NYCAL docket that requires defendants to provide proof that their products are not responsible for the plaintiffs' mesothelioma. In addition, he instituted an entirely new procedure in which he would not dismiss cases until expert testimony from witnesses was completed. This new rule will greatly affect the speed of discovery in cases on the NYCAL docket, and could result in better outcomes for defendants.

In other New York asbestos news, a federal judge in the Eastern District of Virginia recently dismissed MDL 875 and ordered all asbestos cases in the future to be transferred to another district. This change will hopefully lead to more efficient and uniform handling of these cases, because the MDL currently MDL has developed reputation for abuse of discovery, unwarranted sanctions and low evidentiary requirements.

Central New York Asbestos Litigation Dockets

After years of corruption by the former Assembly Speaker Sheldon Silver and his mismanagement the scandals surrounding Sheldon Silver's ties to asbestos attorneys have finally brought attention to the city's rigged asbestos court. Justice Peter Moulton, who now preside over NYCAL, has already held an open Town Hall with defense lawyers to hear complaints about the "rigged" system that favors an asbestos law firm with a strong reputation.

Asbestos litigation is different from the typical personal injury lawsuit. It has many of the same defendants (companies who are sued) as well as plaintiffs (people who file the lawsuits). Asbestos litigation also involves similar job sites where a lot of people were exposed to asbestos, which led to mesothelioma and lung cancer. This can result in huge judgments in cases, which can clog the court dockets.

To limit this problem A number of states have passed laws to limit the type of claims that can be made. These laws typically address issues including medical requirements, two-disease regulations and expedited case scheduling forum shopping, joinders the right to punitive damages and successor liability.

Despite these laws states continue to see high numbers of asbestos lawsuits. Certain courts have created special "asbestos Dockets" to reduce the number of asbestos lawsuits and speed up the resolution of these cases. These dockets apply various rules specifically designed for asbestos cases. The New York City asbestos docket, for example demands that claimants meet specific medical criteria, has a two-disease rule and uses an accelerated trial schedule.

Certain states have also passed laws that limit the amount of punitive damages awarded in asbestos cases. These laws are intended to discourage particularly bad behavior and provide greater compensation to victims. It is recommended to consult an New York Mesothelioma Lawyer regardless of whether you file your case in state or federal courts to know the laws that apply to your case.

Alfred Sargente concentrates his practice in toxic tort and environment litigation, product liability and commercial litigation. He also is a specialist in general liability issues. 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 cases that claim exposure to other contaminants and hazards, such as noise, mold, vibration and environmental toxics.

Southern New York Asbestos Litigation Dockets

Thousands of people have died from asbestos exposure in New York. In five counties, mesothelioma sufferers and their families have filed lawsuits against companies of asbestos-based products for compensation. The successful mesothelioma lawsuits make asbestos companies accountable for their reckless decisions to place profits over public safety.

New York mesothelioma attorneys have experience representing clients of all backgrounds in court against the largest asbestos producers in the United States. Their legal strategies could result in a generous verdict or settlement.

Asbestos litigation has a long-standing history in New York, and continues to draw attention. The 2022 national mesothelioma claims report by KCIC states that New York as the third most popular place for mesothelioma lawsuit filings, just behind California and Pennsylvania.

The judicial system of the state has been shaken by the flurry of asbestos lawsuits. Sheldon Silver, the former Assembly Speaker, was convicted in 2015 of federal corruption charges in connection with millions of dollar 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 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 are not able to obtain summary judgment unless they can present an "scientifically solid credible, admissible and reliable scientific study" that proves the dose of a plaintiff's exposure was not enough to cause mesothelioma. This effectively eliminates the chance that NYCAL defendants can obtain summary judgment.

Justice Moulton also ruled that the plaintiff must show health harm suffered due to asbestos exposure in order for the court to award compensatory damage. This decision, coupled with a decision from early 2016 that ruled that medical monitoring was not a tort claim makes it virtually impossible for an asbestos defence lawyer to prevail on a NYCAL Summary Judgment motion.

In the latest case, Judge Toal presided over, mesothelioma-related lawsuits filed 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 fundraising event. The lawsuit asserts that DOVER GREENS did not follow CAA and Asbestos NESHAP regulations by failing to conduct an inspection of the campus; notifying EPA prior to beginning renovations; properly remove, store and dispose of asbestos and have a trained representative present during renovations.

Eastern New York Asbestos Litigation Dockets

At one time, asbestos personal injury/death cases were a major blockage of state and federal court dockets and drained judges' resources for judicial work and prevented them from addressing criminal cases or other crucial civil disputes. The bloated litigation impeded the timely settlement of victims as well as frustrated innocent families. It also led to companies to spend a lot of money on defense.

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

Asbestos litigation was the first mass tort. From the late 1970s to the early 1980s, asbestos exposure led to a flood of personal injury and wrongful death lawsuits. This happened in federal and state courts across the nation.

Plaintiffs in these lawsuits argue that their ailments resulted from the negligence in the production of asbestos products and that the companies failed to inform them of the dangers that come with 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 involving asbestos exposure at the Brooklyn Navy Yard for settlement or pretrial purposes. Under the supervision of Special Master, Judge Weinstein and Justice Freedman consolidated these cases and referred to them as Brooklyn Navy Yard consolidation.

While the bulk of these cases were relating to the Brooklyn Navy Yard, many of the defendants were defendants in other asbestos lawsuits. The defendants were Garlock, Inc, H & A Construction Company, as successors and individually 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.