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New York Asbestos Litigation In New York, mesothelioma and lung cancer sufferers can receive compensation through a dedicated mesothelioma lawyer. These diseases are usually caused by exposure to asbestos. Symptoms may not appear for decades. Judges who manage the cases of NYCAL have developed a pattern that favors plaintiffs. Recent rulings could further weaken the rights of defendants. Upstate New York Asbestos Litigation Dockets Asbestos litigation is distinct from the typical personal injury lawsuit. These cases involve numerous defendants (companies which are being sued) as well as multiple law firms representing plaintiffs, and numerous expert witnesses. Additionally there are often specific job sites that are the focus of these cases due to asbestos was employed in a variety of products and many workers were exposed on the job. Asbestos-related victims are often diagnosed with serious illnesses like mesothelioma and lung cancer. New York has a unique approach to asbestos litigation. In fact, it's one of the largest dockets in the country. It is administered under a special Case Management Order. This CMO was created to manage huge numbers of asbestos cases that involve many defendants. The judges on the NYCAL docket are experienced in asbestos cases. The docket also has seen some of the most prestigious plaintiff awards 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 base when former Assembly Speaker Sheldon Silver was convicted on federal corruption charges. He was accused of killing tort reform legislation in the legislature over a period of 20 years, while moonlighting at the plaintiffs firm Weitz & Luxenberg. Justice Sherry Klein Heitler, the long-time head of the NYCAL docket, resigned in April 2014 amidst reports that she had 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 submit proof that their products aren't responsible for the mesothelioma that plaintiffs suffer from. He also instituted new rules that stipulated that he wouldn't dismiss cases until the expert witness testimony was completed. This new policy will significantly alter the speed of discovery in cases on the NYCAL docket and could result in better outcomes for defendants. In other New York asbestos news, an 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 should result in a more uniform and efficient treatment of asbestos cases. The current MDL is well-known for its abusive discovery practices as well as its unjustified sanction and low evidentiary standards. Central New York Asbestos Litigation Dockets After years of mismanagement and corruption by the former Assembly Speaker Sheldon Silver, the scandals concerning his ties to asbestos lawyers have finally focused attention on New York City's rigged asbestos docket. Justice Peter Moulton is now presiding over NYCAL and has already held a town hall meeting with defense lawyers to hear complaints about a “rigged” system that favors one mighty asbestos law firm. Asbestos lawsuits differ from a typical personal injury case because it involves a number of the same defendants and plaintiffs. Asbestos lawsuits also usually involve similar job sites where many people were exposed to asbestos, usually leading to mesothelioma, lung cancer or other diseases. These cases can result in huge verdicts that could clog court dockets. To address the issue to address the issue, a number of states have enacted laws that limit these kinds of claims. They typically deal with issues such as medical requirements, two-disease regulations, expedited case scheduling, joinders, forum shopping, the right to punitive damages and successor liability. Despite these laws, certain states still face a large number of asbestos lawsuits. In an effort to reduce the number of cases filed and resolve them faster certain courts have set up special “asbestos dockets” which apply a set of different rules for these cases. The New York City asbestos court, for example requires claimants to meet certain medical standards and has rules for two diseases. It also uses an accelerated schedule. Certain states have passed laws that restrict the amount of punitive damages that can be awarded in asbestos cases. These laws are intended to discourage bad conduct and provide greater compensation to victims. It is recommended to consult a New York Mesothelioma Lawyer regardless of whether you decide to file your case in federal or state courts to learn about the laws applicable to your particular situation. 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 vast 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 has also defended cases involving exposure to other contaminants and hazards like noise, mold, vibration and environmental contaminants. Southern New York Asbestos Litigation Dockets New York has seen thousands of deaths due to asbestos exposure. In five counties, mesothelioma patients and their families have filed lawsuits against companies of asbestos-based products in order to receive compensation. Mesothelioma lawsuits that succeed hold negligent asbestos companies accountable for their rash choices to place profits over public safety. New York mesothelioma attorneys have experience representing clients of all backgrounds against the largest asbestos manufacturers in the country. Their legal strategies could result in a generous verdict or settlement. Asbestos litigation has a long history in New York, and continues to draw attention. According to the report for 2022 on mesothelioma claim submissions by KCIC, New York is the third most popular jurisdiction where you can file mesothelioma claims, after California and Pennsylvania. The state's judiciary has been impacted by the flood of asbestos lawsuits. In 2015, former Assembly Speaker Sheldon Silver was convicted on federal corruption charges partly related to millions of dollars in referral fees he earned from the powerful plaintiffs law firm Weitz & Luxenberg from handling asbestos cases. After the scandal, Justice Sherry Klein Heitler, who had managed NYCAL since 2008, was replaced amidst reports that she gave “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 unless they have the existence of a “scientifically reliable and admissible study” proving the measured dose of exposure that a plaintiff received was too low to trigger mesothelioma. This effectively eliminates the chance that NYCAL defendants can obtain summary judgment. In addition, Justice Moulton has ruled that a plaintiff must prove some injury to his or her health as a result of exposure to asbestos in order for the court to award compensatory damages. This ruling, along with a decision from early 2016 that held that medical monitoring is not a tort claim, makes it almost impossible for an asbestos defense lawyer to win a NYCAL Summary Judgment motion. In the case that Judge Toal presided over, mesothelioma-related lawsuits brought against DOVER GREEN, the company 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 claims that DOVER GREENS failed to follow CAA and Asbestos NESHAP regulations by failing to inform and inspect the EPA prior to starting renovations, and properly remove, store and dispose of asbestos, and having a trained representative at renovation activities. Eastern New York Asbestos Litigation Dockets At one time, asbestos personal injury/death cases were a major blockage of state and federal courts and drained judges' judicial resources, preventing them from addressing criminal cases or other crucial civil disputes. The overflowing litigation prevented prompt compensation of deserving victims, irritated innocent families, and prompted firms to commit huge amounts of money and resources to defense of these cases. Asbestos claims are filed by individuals diagnosed with mesothelioma and other asbestos-related diseases after being exposed to asbestos in a work environment. Most cases are filed by shipyard workers, construction employees, employees as well as other tradesmen who worked on buildings that contained or were made with asbestos-containing materials. They were exposed to dangerous asbestos fibers either during the manufacturing process or while working on the structure. Asbestos litigation was the first mass tort. In the latter part of the 1970s and 1980s, an avalanche of personal injury and wrongful death lawsuits stemming from exposure to asbestos engulfed the courts. This occurred in state and federal courts across the country. Plaintiffs in these lawsuits contend that their illnesses were caused by the negligence in the production of asbestos products and that companies failed to inform them of the dangers of asbestos exposure. More than half of asbestos lawsuits are brought in federal courts. In Baltimore asbestos lawsuit , after recognizing the fact that this litigation was “terrible calendar congestion,” District Judge Jack B. Weinstein and New York Supreme Court Justice Helen Freedman jointly consolidated for settlement as well as pretrial and discovery purposes hundreds of state and federal cases which claimed asbestos exposure at the Brooklyn Navy Yard. Under the supervision of a Special Master, Judge Weinstein and Justice Freedman consolidated these cases and referred to them as Brooklyn Navy Yard consolidation. Many of the defendants had been involved in other asbestos claims. The list of defendants included Garlock, Inc; H & A Construction Company, individually and as successor to Spraycraft Corporation; CRH, Inc. as the successor to E.I. Dupont; W.R. Grace and Company; Empire-Ace Insulation Manufacturing Company Bell/Atlas Asbestos Corp.; and DNS Metal Industries, Inc.