MANHATTAN, N.Y. (Legal Newsline) – While many defense attorneys practicing in New York City admittedly don’t know much about Judge Sherry Klein Heitler’s replacement on the New York City Asbestos Litigation court, they agree his relative obscurity is a refreshing and much-needed change.
Last week, it was announced that Judge Peter Moulton would take over for Heitler as NYCAL’s chief judge. Heitler reached mandatory retirement age as administrative judge of New York County Supreme Court’s civil division, but also, in recent months, got flak for allegedly giving special treatment to a certain plaintiffs law firm and paving the way for hefty paydays.
Moulton, prior to his appointment, served as a Manhattan Supreme Court justice. He will assume Heitler’s duties as administrator of the asbestos court and take over her responsibilities as administrative judge.
Moulton
Chief Administrative Judge A. Gail Prudenti called Moulton a “talented jurist” and said he is regarded for his “keen intellect, integrity and fairness.”
“He brings a wealth of experience and knowledge — and a passion for the law and public service — to this critically important position,” she said. “I am confident that his dynamic leadership and substantive understanding of the complexities of the judicial system will be an asset to the court and those it serves.”
Moulton began his judicial career in 2004, upon his election to the New York City Civil Court. He was designated an acting Supreme Court justice in April 2010, and in November 2010 was appointed supervising judge of the New York City Civil Court, New York County, serving in that capacity until his election in 2013 to state Supreme Court, New York County.
Prior to his ascension to the bench, he served as a principal law clerk to New York County Supreme Court Justice Leland DeGrasse. Previously, he was a staff attorney for the New York City Law Department’s Affirmative Litigation Division.
Early in his career, he served as law clerk to Judge Charles E. Stewart, U.S. District Court for the Southern District of New York.
A member of numerous professional associations, Moulton is a past chair of the New York City Bar Association’s Committee to Encourage Judicial Service. He is an alumnus of Stanford University and Columbia University School of Law.
One defense attorney, who declined to be named publicly, described Moulton as “rather new to the bench.”
“He is a virtual unknown to asbestos litigants,” the attorney said.
Another defense attorney, who also declined to be named, noted Moulton is “well outside” what the attorney referred to as the Sheldon Silver/Weitz & Luxenberg/Democratic machine “zone of influence.”
Up until recently, Silver was “of counsel” at asbestos-injury law firm Weitz & Luxenberg.
The disgraced Assembly Speaker appointed Arthur Luxenberg to the state’s powerful Judicial Screening Committee in 2008. The panel reviews candidates for the state Supreme Court and the appellate division, and makes its recommendations to the governor.
Some have questioned recently whether Silver, who was arrested in January and indicted last month on corruption charges, had some hand in shaping the asbestos court.
According to recent articles in the New York Post, Weitz allegedly got its cases fast-tracked, received more favorable rulings than other firms and got “first dibs” on jurors in the asbestos court under Heitler.
Heitler also granted the firm’s motion that asked her to reintroduce punitive damages in asbestos cases.
“So, I think the PR has had some effect,” the attorney said, noting Moulton’s lack of history.
Another defense attorney said he didn’t know anything about Moulton outside of what can be read on his bio. Nonetheless, the attorney — who also didn’t want to be named — said he’s hoping the judge will be “more fair” than his predecessor.
“Although we have limited experience before Justice Moulton, members of our firm have litigated in front him and found him to be pragmatic and even-handed in our interactions thus far,” another attorney said.
Like his background, Moulton’s rulings are without much controversy.
His most notable came in 2013, when he blocked then-Mayor Michael Bloomberg’s “Taxi of Tomorrow” plan, which sought to streamline taxes by requiring all taxi owners to purchase a particular model car.
Moulton ruled that the plan violated the city’s administrative code, which required that the city approve a hybrid vehicle. The plan’s vehicle of choice, a Nissan NV200, was not a hybrid vehicle.
Tom Stebbins, executive director for the nonpartisan, nonprofit Lawsuit Reform Alliance of New York, said his group has high hopes for Moulton.
“We look forward to working with Judge Moulton to restore balance to this critical court,” he said.
“We are hopeful that Judge Moulton will end the preferential treatment of politically connected law firms like Weitz & Luxenberg, and we encourage him and his team to take a strong look at the decisions that led to the NYCAL’s designation as one of the worst courts in the country.”
In December, the American Tort Reform Association released its annual report of the jurisdictions it feels apply laws in an unfair and unbalanced manner. NYCAL claimed the top spot for 2014, up from third in 2013.
When asked to interview Moulton about his plans for the court, or any potential changes, court spokesman David Bookstaver said such a request was too “premature.” Moulton’s first day was Tuesday.
Meanwhile, Heitler will be taking on a new role with the court system.
Last week, Prudenti said Heitler will become the Chief of Policy and Planning.
In her new capacity, Heitler will work with First Deputy Chief Administrative Judge Lawrence Marks in providing oversight for the court system’s statewide network of “problem-solving” courts, which include drug, community, domestic violence, mental health, veterans, adolescent diversion and human trafficking courts.
Heitler also will work with Marks in implementing and refining case management practices in an effort to reduce case backlogs and promote better case outcomes for litigants, victims and communities, Prudenti said.
From Legal Newsline: Reach Jessica Karmasek by email at [email protected].
