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New York Asbestos Litigation In New York, mesothelioma and lung cancer sufferers can receive compensation through an expert mesothelioma lawyer. These diseases are usually caused by exposure to asbestos. The symptoms may not be apparent for a long time. Judges who oversee NYCAL's caseload have crafted patterns of favoring plaintiffs. A recent ruling could further weaken the rights of defendants. Upstate New York Asbestos Litigation Dockets Asbestos litigation differs from the typical personal injury lawsuit. These cases involve numerous defendants (companies who are being sued) as well as multiple law firms representing plaintiffs as well as numerous expert witnesses. These cases are often inspired by specific job locations because asbestos was used in the production of various products and a lot of workers were exposed to asbestos while at work. Asbestos sufferers often develop serious illnesses like mesothelioma or lung cancer. New York has its own unique approach to dealing with asbestos litigation. It is one of the biggest dockets across the country. It is governed by 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 is also the site of some of the highest plaintiff verdicts in recent history. New York Court of Appeals made significant changes to the NYCAL docket in the last few days. In 2015, the political establishment in Albany was shaken to its foundation when former Assembly Speaker Sheldon Silver was convicted on federal corruption charges. Silver was accused of sabotaging every decently designed tort reform bill in the legislature for more than a decade while working for the plaintiffs' firm Weitz & Luxenberg. Justice Sherry Klein Heitler, the long-time manager of the NYCAL docket, resigned in April 2014 amidst 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 established a new rule for the NYCAL docket that requires defendants to submit evidence that their products are not responsible for mesothelioma of plaintiffs. He also instituted a new policy in which he wouldn't dismiss cases until the expert witness testimony had been completed. This new policy will significantly alter the speed of discovery in cases in the NYCAL docket and may result in more favorable 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 lead to more consistent and efficient handling of these cases, because the MDL currently MDL has earned itself a reputation for discovery abuse, unwarranted sanctions and minimal evidentiary requirements. Central New York Asbestos Litigation Dockets After years of corruption and mismanagement by former Assembly Speaker Sheldon Silver and his mismanagement scandals involving Sheldon Silver's ties to asbestos lawyers have finally brought attention to the city's rigged asbestos court. Justice Peter Moulton is now presided over 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 is different from a typical personal injury lawsuit because it involves a lot of the same plaintiffs and defendants. Asbestos litigation also includes similar job sites where a lot of people were exposed to asbestos, which led to mesothelioma and lung cancer. This can result in large verdicts that can block court dockets. To limit this problem To address this issue, several states have passed laws that limit the types of claims that can be made. These laws usually deal with issues such as medical guidelines, two-disease rules expedited case scheduling, joinders, forum shopping, the right to punitive damages and successor liability. Despite these laws, some states continue to experience an influx of asbestos lawsuits. Some courts have created special “asbestos Dockets” to help reduce the number of asbestos cases and speed up the resolution of these cases. These dockets follow different rules specifically designed for asbestos cases. The New York City asbestos docket for instance, requires claimants to meet specific medical criteria and has a two-disease rule and utilizes an accelerated trial plan. Some states have also passed laws to restrict the amount of punitive damages that can be awarded in asbestos cases. These laws are meant to discourage particularly harmful conduct and allow for more compensation to be awarded to victims. Whatever the case is filed in federal or state court, you should work with an New York mesothelioma lawyer to learn more about the laws that affect your particular situation. Alfred Sargente concentrates his practice in toxic tort and environment 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 against claims of exposure to asbestos, lead and World Trade Center dust in both New York and New Jersey. He has also defended claims alleging exposure to numerous other hazardous substances and contaminants such as solvents and chemical and noise, mold, vibration 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-related products in order to seek compensation. The successful mesothelioma lawsuits make asbestos companies accountable for their reckless decisions to place profits over public safety. Laredo asbestos lawyers are skilled in representing clients from different backgrounds against the nation's most significant asbestos manufacturers. Their legal strategies could lead to a generous verdict or settlement. Asbestos litigation has a long history in New York, and continues to make headlines. The 2022 mesothelioma claim national report from KCIC states that New York as the third most popular place for mesothelioma lawsuits following California and Pennsylvania. The state's judicial system is shaken by the flurry of asbestos lawsuits. Sheldon Silver, the former Assembly Speaker, was convicted in 2015 on federal corruption charges related to millions of dollars in referral fees that he received from the politically powerful plaintiffs' law firms Weitz & Luxenberg for handling asbestos cases. Justice Sherry Klein Heitler was named NYCAL's manager in the wake of the scandal. She was in charge of NYCAL since the year 2008. Justice Peter Moulton succeeded Justice Heitler as NYCAL judge. He has declared that defendants will not be able to obtain summary judgment unless they have a “scientifically credible and admissible study” proving the measured dose of exposure that a plaintiff received was not sufficient to cause mesothelioma. This virtually eliminates the possibility that NYCAL defendants will be able to obtain summary judgment. In addition, Justice Moulton has ruled that a plaintiff must show an injury to their health as a result of exposure to asbestos in order for a court to make a decision on compensatory damages. This ruling, along with a ruling from the beginning of 2016 which ruled that medical monitoring was not a tort claim, makes it nearly impossible for an asbestos defense lawyer to prevail on a NYCAL Summary Judgment motion. The latest case in which Judge Toal is in charge of, a mesothelioma case filed against DOVER GREENS claims 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 adhere to CAA and Asbestos NESHAP regulations by failing to inspect and notify the EPA prior to starting renovations, or to properly remove, store and dispose of asbestos, and appointing a trained representative at renovation activities. Eastern New York Asbestos Litigation Dockets At one point, asbestos personal injury/death cases were a major blockage of state and federal courts and drained judges' judicial resources and prevented them from addressing criminal cases or other important civil disputes. This bloated litigation impeded the timely compensation of deserving victims, frustrated innocent families, and prompted companies to devote inordinate amounts of money and resources in defense of these cases. Asbestos claims are filed by those who have been diagnosed with mesothelioma or any other asbestos-related diseases after being exposed to asbestos in a work environment. The majority of cases are filed by shipyard workers, construction workers employees, and other tradesmen working on structures that contained or were made with asbestos-containing materials. They were exposed to asbestos fibers that could be harmful during the manufacturing process or when working on the actual structure. The first significant mass tort was asbestos litigation. In the late 1970s and 1980s there was a flurry of personal injury and wrongful death lawsuits arising from exposure to asbestos engulfed the courts. This happened in both state and federal court across the country. These lawsuits are brought by plaintiffs who claim that their illnesses resulted of the negligent manufacture of asbestos products. They also claim that companies failed inform them of the dangers associated with asbestos exposure. More than half of asbestos lawsuits are brought in federal courts. In the early 1990s, when they realized that this litigation was “terrible calendar congestion,” District Judge Jack B. Weinstein and New York Supreme Court Justice Helen Freedman jointly consolidated for settlement, pretrial and discovery purposes hundreds of federal and state cases that claimed asbestos exposure at the Brooklyn Navy Yard. Judge Weinstein and Justice Freedman handled these cases that were later referred to as the Brooklyn Navy Yard consolidation, under the supervision of the Special Master. While the bulk of these cases were connected to the Brooklyn Navy Yard, many of the defendants were defendants in other asbestos cases. The defendants listed 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.