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New York Asbestos Litigation In New York, mesothelioma and lung cancer sufferers can receive compensation with the help of an expert mesothelioma lawyer. Exposure to asbestos often causes these types of illnesses; symptoms can take years before they appear. The judges who manage NYCAL's caseload have developed a pattern of favoring plaintiffs. A recent decision could further undermine the rights of defendants. Upstate New York Asbestos Litigation Dockets Asbestos litigation differs from the typical personal injury lawsuit. These cases include multiple defendants (companies being sued), multiple law offices representing plaintiffs, and a variety of expert witness. Additionally, there are usually specific job sites which are the focus of these cases since asbestos was utilized in a variety products and workers were exposed to it on the job. Asbestos sufferers are usually diagnosed with serious diseases such as mesothelioma and lung cancer. New York has its own unique method of 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 designed to handle large numbers of asbestos cases involving numerous defendants. The judges on the NYCAL docket have extensive experience in asbestos cases. The docket also has seen some of the highest 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 establishment in Albany was shaken to the base when the former Assembly Speaker Sheldon Silver was convicted on federal corruption charges. Silver was accused of sabotaging tort reform bills in the legislature for more than 20 years while working at the plaintiffs firm Weitz & Luxenberg. Justice Sherry Klein Heitler, the long-time manager of the NYCAL docket, was dismissed in April 2014 amid reports that she had offered the Weitz & Luxenberg law firm “red-carpet treatment.” She was replaced by Justice Peter Moulton, who implemented a number of changes to the docket. Moulton established a new rule for the NYCAL docket that requires defendants to provide evidence that their products are not the cause of mesothelioma of plaintiffs. In addition, he implemented an entirely new procedure 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 in 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 future asbestos cases to be transferred to a different district. This should result in an efficient and uniform treatment of asbestos cases. The MDL currently MDL is infamous for its abusive discovery practices and unjustified sanctions, as well as low evidentiary standards. Central New York Asbestos Litigation Dockets After years of corruption and mismanagement by former Assembly Speaker Sheldon Silver, the scandals concerning his ties to asbestos lawyers have focused attention on the asbestos docket that is rigged. Justice Peter Moulton is now the head of NYCAL and has already held a town hall with defense attorneys to hear complaints about a “rigged” system that favors one powerful asbestos law firm. Asbestos lawsuits differ from a typical personal injury lawsuit because it involves a number of the same defendants and plaintiffs. Asbestos litigation can also involve similar job sites where workers were exposed to asbestos, resulting to mesothelioma and lung cancer. This can result in large verdicts that can clog the courts. To limit this problem To address this issue, several states have passed laws to restrict the types of claims that can be filed. These laws usually address issues including medical guidelines, two-disease rules expedited case scheduling, forum shopping, joinders, consequential damages, and successor liability. Despite these laws states are still seeing high numbers of asbestos lawsuits. To reduce the number of lawsuits filed and to speed up their resolution, some courts have created 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 utilizes an accelerated schedule. Some states have also passed laws that limit the amount of punitive damages awarded in asbestos cases. These laws are meant to stop bad behavior and allow for greater compensation to be awarded to victims. No matter if your case is filed in a state or federal court, you must work with an New York mesothelioma lawyer to know how these laws impact your particular situation. West Palm Beach asbestos lawyers focuses his practice on environmental and toxic tort litigation including commercial litigation, product liability and 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 that claim exposure to other hazardous substances and contaminants like 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 companies that manufacture of asbestos-containing products to seek compensation. Mesothelioma lawsuits that are successful make asbestos companies liable for their reckless choices. New York mesothelioma attorneys have experience representing clients of all backgrounds in court against the largest asbestos producers in the nation. Their legal strategies could result in an enormous settlement or verdict. Asbestos litigation in New York has a rich background, and it continues to be the subject of headlines. The 2022 national mesothelioma lawsuit report from KCIC declares New York as the third most popular jurisdiction for mesothelioma lawsuit filings, following California and Pennsylvania. The state's judiciary has been buffeted by the flood of asbestos lawsuits. In 2015 the former Assembly Speaker Sheldon Silver was convicted on federal corruption charges that were linked to millions of dollars in referral fees he earned for the politically-powerful plaintiffs' law firm Weitz & Luxenberg from handling asbestos cases. After the scandal, Justice Sherry Klein Heitler who had been the head of NYCAL since 2008, was fired 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 made it clear that defendants cannot obtain summary judgment unless they can present an “scientifically sound valid, credible and admissible scientific study” that shows the measured exposure of a plaintiff was not enough to cause mesothelioma. This effectively ends the possibility that NYCAL defendants can get summary judgment. Additionally, Justice Moulton has ruled that a plaintiff must show an injury to his or her health due to exposure to asbestos for the court to make a decision on compensatory damages. This ruling, combined with a decision made in early 2016 that ruled that medical monitoring was not a tort claim, makes it virtually impossible for an asbestos defense lawyer to prevail on a NYCAL Summary Motion for Judgment. The latest case in which Judge Toal is in charge of, a mesothelioma case filed against DOVER GREENS, alleges that the company was in violation of asbestos work practices 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 follow CAA and Asbestos NESHAP regulations by failing to notify and inspect the EPA prior to beginning renovation activities, properly remove, store and dispose of asbestos, and having a properly trained representative at renovation activities. Eastern New York Asbestos Litigation Dockets At one point asbestos personal injury/death lawsuits filled state and federal court dockets and depleted judges' resources for judicial work which prevented them from dealing with criminal cases or other crucial civil disputes. The bloated litigation impeded the timely settlement of victims as well as frustrated innocent families. It also caused companies to spend a lot of money on defense. Asbestos claims are filed by people diagnosed with mesothelioma and other asbestos-related diseases following exposure to asbestos in a work environment. Most asbestos claims are filed by construction workers, shipyard workers, and other tradesmen that worked on buildings constructed or made of asbestos-containing materials. These workers were exposed dangerous asbestos fibers during the process of manufacturing or while working on the actual structure. The first major mass tort was asbestos litigation. In the late 1970s and early 1980s, an avalanche of personal injury and wrongful death lawsuits arising from asbestos exposure filled the courts. This happened in federal and state court across the nation. These lawsuits are brought by plaintiffs who claim that their ailments were the result of the negligent manufacture of asbestos products. They claim that the companies did not to warn them about the dangers associated with asbestos exposure. More than half of asbestos lawsuits are filed in federal court. In the early 1990s, when they realized 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 and pretrial purposes hundreds of state and federal lawsuits that alleged exposure to asbestos at the Brooklyn Navy Yard. Under the supervision of the Special Master, Judge Weinstein and Justice Freedman consolidated these cases known as Brooklyn Navy Yard consolidation. Many defendants were involved in other asbestos-related claims. 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.