The documented record of New York City's asbestos litigation docket, a federal corruption prosecution, and the family connection to a Connecticut family law firm.
The intended-trust-claim trigger was present in the 1996 NYCAL order and expanded in 2003. Heitler's 2012 decision rejected a challenge to the existing deadline and required relevant factual trust-disclosure material. It did not originate the intention-based trigger.
The 2015 appellate decision found a defect in punitive-damages notice and required revised safeguards while otherwise affirming. The 2018 decision upheld the revised trust and punitive-damages protocols.
Connecticut's history includes Diana's 2009 TMO workgroup participation, the recovered January 2021 original, and Welsh's 2023 co-signature on criticism of Pathways. These documents support examining disclosure timing, hearing access, and safeguards. They do not establish a transferred improper scheme.
The opposing counsel firm in a Connecticut family court case is Schoonmaker, George, Blomberg, Bryniczka & Welsh. The “Blomberg” is Jill Heitler Blomberg—the daughter of Hon. Sherry Klein Heitler, a retired New York Supreme Court Justice who managed New York City's asbestos litigation docket from 2008 until her departure in March 2015.
Moulton succeeded Heitler in 2015. The official March 2 announcement cited the administrative role’s mandatory age limit and appointed Heitler Chief of Policy and Planning. Her transition followed Silver’s January arrest, but chronology does not establish a disciplinary removal or a causal connection.
This page examines the docket, prosecution, and family connection to Connecticut. Court holdings, participant accusations, and hypotheses support different conclusions. The September 10 update corrects the management-order history; it does not establish misconduct by the Connecticut firm.
Sources: Fordham Law News (Oct. 2023); SGB website; Best Lawyers; JAMS profile; Ballotpedia; DOJ/SDNY; ATRA Judicial Hellholes reports (2013–2018)
The diagram groups financial, professional, and family relationships. Those different relationships do not establish common control, case-specific influence, or an automatic disclosure obligation in Connecticut.
Twenty years of documented events, from Sheldon Silver's rise as Assembly Speaker to the family connection to a Connecticut family law firm.
Sheldon Silver becomes Speaker of the New York State Assembly. He will hold this position for 21 years, making him one of the longest-serving Speakers in New York history.
Source: New York State Assembly recordsSherry Klein Heitler is elected to the New York City Civil Court.
Source: NY Courts Historical Society biographyJustice Helen Freedman’s NYCAL order defers punitive claims. This docket-management policy continues until 2014; it is not a statewide statutory ban. The 1996 order also requires timely submission of intended Johns-Manville trust claims.
Source: 1996 CMO reproduced in later motion exhibits, PDF pp.154–193; intended-claim clause p.185.The NYCAL CMO expands the intended-claim provision from Johns-Manville to any bankrupt entity or trust. The 2011 version retains that trigger.
Source: historical judicial-order exhibits, PDF pp.235 and 289.Silver appoints Perry Weitz—co-founder of Weitz & Luxenberg—to the judicial screening committee. That same year, Justice Heitler is assigned to NYCAL's Center for Complex Litigation.
Source: ATRA Judicial Hellholes report (April 2014); NY Courts Historical SocietyHeitler becomes Administrative Judge for Civil Matters, New York County (First Judicial District), with oversight of the NYCAL docket. The appointment is made by Chief Judge Jonathan Lippman.
Source: NY Courts Historical Society biography; Washington Examiner (March 2, 2015)Weitz & Luxenberg challenges the trust-claim requirement and a special-master recommendation. Heitler rejects the challenge to the existing intended-claim deadline and requires relevant factual trust-submission material. The intention-based trigger predates her ruling.
Source: 2012 NY Slip Op 52298(U), §IV.Heitler lifts the longstanding deferral of punitive claims in NYCAL. The initial procedure permits plaintiffs to apply for submission of the issue at the close of evidence. The timing of that application later becomes the central appellate due-process concern.
Source: April 8, 2014 decision.ATRA later quotes attorney Joseph Belluck discussing the intended-claim requirement at an ABA hearing. This is an attributed account of a participant’s explanation. The original CMO history establishes that the intention trigger existed before Heitler’s 2012 ruling.
Source: ATRA Judicial Hellholes report (2017–2018), citing ABA testimonyThe American Tort Reform Association names NYCAL the #1 Judicial Hellhole in the country. The report states that Justice Heitler is “principally responsible” for the ranking.
Source: ATRA Judicial Hellholes 2014–2015 report; Washington Examiner (Dec. 16, 2014)The official 2015 transition announcement states that Heitler reached the administrative role’s mandatory retirement age at the end of 2014. Her subsequent policy appointment and retained judicial assignments distinguish departure from that administrative role from retirement from all judicial service.
Sources: March 2, 2015 announcement; March 12 assignment notice.Sheldon Silver is arrested by the FBI on federal corruption charges. The complaint alleges he received approximately $4 million in payments from Weitz & Luxenberg “solely through the corrupt use of his official position.” He is charged with honest services fraud, extortion, and money laundering.
Source: DOJ/SDNY press release (Jan. 22, 2015); federal complaint, U.S. v. SilverThe court system announces Justice Peter H. Moulton as Heitler’s successor as Administrative Judge for Civil Matters and appoints Heitler Chief of Policy and Planning. The announcement gives an age-based administrative-transition explanation.
Source: official court-system announcement, March 2, 2015.Heitler is appointed Chief of the Office of Policy and Planning for the New York State Unified Court System, overseeing approximately 300 problem-solving courts statewide.
Source: NY Courts Historical Society biography; JAMS profileThe First Department modifies the punitive-damages order and remands for adequate notice safeguards while otherwise affirming. It recognizes the coordinating court's power to amend the CMO.
Source: 2015 NY Slip Op 06027.Silver is convicted on all seven counts: two counts of honest services mail fraud, two counts of honest services wire fraud, one count of extortion under color of official right, and two counts of money laundering. He is automatically expelled from the Assembly and disbarred.
Source: DOJ/SDNY; Wikipedia (verified against multiple sources)Silver is sentenced to 12 years in federal prison, ordered to forfeit $5.4 million, and fined $1.75 million.
Source: DOJ/SDNY; Silver, 864 F.3d at 109Moulton signs a replacement CMO with revised punitive-damages safeguards and a notice-and-conferral process for later-learned trust eligibility.
Source: 2017 CMO, §§XXIV–XXVI. Signing, entry, and effectiveness are distinguished in the linked research.The Second Circuit Court of Appeals vacates Silver's conviction, citing the Supreme Court's decision in McDonnell v. United States, 136 S. Ct. 2355 (2016), which narrowed the definition of “official acts” in corruption cases. Certiorari later denied, 138 S. Ct. 738 (2018).
Source: United States v. Silver, 864 F.3d 102 (2d Cir. 2017)The First Department upholds the revised CMO, including the trust-disclosure and punitive-damages protocols.
Source: 2018 NY Slip Op 02020.Silver is convicted a second time on all counts at retrial before Judge Valerie E. Caproni (S.D.N.Y.).
Source: DOJ/SDNYSilver is sentenced to seven years in federal prison.
Source: DOJ/SDNYThe Second Circuit dismisses the three asbestos-related counts with prejudice, finding the evidence insufficient as a matter of law. Four other counts involving real estate and money laundering are upheld. This disposition must accompany the account of the earlier asbestos-related trial verdicts.
Source: United States v. Silver, No. 18-2380 (2d Cir. Jan. 21, 2020)Silver is resentenced to six years and six months in federal prison, with a $1 million fine.
Source: DOJ/SDNYHeitler joins JAMS (New York) as a private mediator, arbitrator, and special master, listing family law among her practice areas. She co-chairs the Governor's Blue-Ribbon Commission on Forensic Custody Evaluators (2021–2022). Her daughter Jill Heitler Blomberg has held Connecticut family-law roles including AAML-CT Chapter President (2018–2019), GAL, AMC, and named firm partner. The presidency predates the commission; these different roles do not establish simultaneous appointments in a common proceeding.
Source: JAMS profile; AAML-CT records; SGB websiteSheldon Silver dies at age 77 at Nashoba Valley Medical Center in Ayer, Massachusetts, while in custody at Federal Medical Center, Devens. Silver had been briefly released under the CARES Act on May 4, 2021, then recalled to custody approximately two days later.
Source: Multiple news outlets; Wikipedia (verified)Heitler is appointed to the Committee on Character and Fitness, Appellate Division, First Department—the body that screens applicants for admission to the New York bar.
Source: JAMS profile, listing the January 2025 Character and Fitness appointment.NYCAL (New York City Asbestos Litigation) is the consolidated docket for all asbestos personal injury cases filed in New York City. It is one of the largest mass tort dockets in the country. The following documented actions were taken during Justice Heitler's administration of the docket (2008–2015).
Heitler lifted NYCAL's longstanding punitive-claim deferral in April 2014. The initial protocol placed the application at the close of evidence, creating a notice problem for defendants preparing to address punitive damages.
In July 2015, the First Department modified the order and remanded for adequate protocols while otherwise affirming. Its due-process finding concerned that notice mechanism; it did not establish corruption or a permanent prohibition on punitive damages. The First Department upheld Moulton's revised trust and punitive-damages protocols in March 2018.
Sources: 2014 decision; 2015 appellate decision; 2018 appellate decision.
The 1996 CMO required timely intended Johns-Manville claims; the 2003 version expanded the provision to other bankrupt entities and trusts. Heitler's 2012 ruling rejected a challenge to the existing deadline and required disclosure of relevant factual trust-submission material. The subjective trigger creates an enforcement question, but it does not authorize concealment of exposure facts already subject to disclosure.
ATRA reported examples of trust claims filed after a NYCAL resolution, including an account of 23 later claims following a settlement. That remains an attributed advocacy account here; the underlying case records were not recovered for this update. A later claim or multiple sources of compensation alone does not establish fraud. The relevant proof is a material omission or inconsistency, a duty to disclose, and resulting prejudice.
Sources: historical CMO exhibits, PDF pp.185, 235, 289; 2012 opinion, §IV; ATRA's 2017–2018 account.
ATRA described a 2015 economic-consulting study as reporting $324.5 million across 14 plaintiffs in consolidated trials during 2010–2014, an average of about $23 million. It also cited a $21.7 million NYCAL average since 2007 and a $3.1 million statewide average. These figures concern different groups and periods. The underlying study, dataset, and comparability of those groups have not been independently revalidated in this update; the figures alone do not establish that consolidation caused the difference.
ATRA also reported a subpoena directed to the consulting firm and a ruling by Moulton declining to quash it. The original subpoena and ruling have not been reviewed for this update.
Earlier source attribution: ATRA Judicial Hellholes 2016–2017, discussing a 2015 economic-consulting study. These remain attributed historical figures.
Multiple defense attorneys, quoted in the Washington Examiner (March 3, 2015), described Heitler's courtroom as one where it was “unusual” for her to grant a defendant's motion for summary judgment. One attorney stated: “She doesn't do anything in her courtroom.” Defense attorneys reported that Heitler assigned actual trials to Justices Martin Shulman or Joan Madden. Shulman was later identified as the former president of Silver's synagogue and his neighbor.
On March 18, 2015—after her departure had been announced—Heitler denied a summary judgment motion after 26 months of discovery in which no one identified the source of asbestos-containing products. ATRA described this as Heitler's “March madness.”
Sources: Washington Examiner (March 3, 2015); ATRA (March 19, 2015)
Sheldon Silver served as New York Assembly Speaker for 21 years (1994–2015). He was arrested, tried, convicted, retried, reconvicted, and died in federal custody. The record describes financial relationships involving Silver, referral sources, and law firms. The opinions do not establish Heitler’s participation in Silver’s conduct.
Silver became “of counsel” at Weitz & Luxenberg in fall 2002. He was “not expected to and did not perform any legal work” for W&L clients. Beginning November 2003, Dr. Robert Taub at Columbia-Presbyterian referred mesothelioma patients to W&L through Silver. Silver directed $525,000 in state grants from the HCRA Assembly Pool to Taub's research ($250K in July 2005, $250K in August 2006, $25K in May 2008). In return, Silver received approximately $3 million in referral fees from mesothelioma cases and approximately $1.4 million in salary—a total of approximately $4.4 million from W&L alone. His first referral fee check was $176,048.02 (March 2005). Silver also received approximately $835,000 in referral fees from a separate real estate scheme.
Sources: United States v. Silver, 864 F.3d 102 (2d Cir. 2017), pp. 7–15; DOJ/SDNY press releases (Jan. 22, 2015; Nov. 30, 2015; May 3, 2016; May 11, 2018; July 27, 2018; July 20, 2020)
Silver appointed Perry Weitz—his colleague at Weitz & Luxenberg and co-founder of the firm—to the judicial screening committee. That committee recommended Justice Heitler for her judicial position. Heitler then presided over the NYCAL docket where Weitz & Luxenberg had the most pending cases.
Source: ATRA Judicial Hellholes report (April 2014)
The Washington Examiner and ATRA described Jonathan Lippman as a childhood friend and political ally of Sheldon Silver. That reported relationship does not establish that Silver directed Heitler's assignments or decisions. The earlier text's claim that Lippman acted as Chief Judge in 2008 has been removed pending an original appointment record.
Source: Washington Examiner (March 2, 2015); ATRA reports
As Assembly Speaker, Silver controlled which legislation reached the Assembly floor. ATRA documented that Silver “obstructed every reasonably crafted tort reform bill in the legislature for more than 20 years.” Governor Cuomo stated publicly: “The trial lawyers are the single most powerful political force” in the state. Silver's legislative obstruction protected the litigation environment that enriched his law firm.
Sources: ATRA Judicial Hellholes reports (multiple years); Governor Cuomo quoted in ATRA
Silver was convicted on all seven counts on November 30, 2015, before Judge Valerie E. Caproni (S.D.N.Y.). Sentenced to 12 years and ordered to forfeit $5.4 million. On July 13, 2017, the Second Circuit vacated the conviction under McDonnell v. United States, 136 S. Ct. 2355 (2016). The Supreme Court denied certiorari, 138 S. Ct. 738 (2018). Silver was retried and convicted again on May 11, 2018. On January 21, 2020, the Second Circuit dismissed the three asbestos-related counts with prejudice as a matter of law, finding insufficient evidence that Silver agreed to perform “official acts” as defined under McDonnell. Four other counts involving real estate and money laundering were upheld. Silver was resentenced to 6.5 years. Briefly released under the CARES Act on May 4, 2021, he was recalled to custody approximately two days later. He died on January 24, 2022, at age 77, while in federal custody.
Sources: United States v. Silver, 864 F.3d 102 (2d Cir. 2017); United States v. Silver, No. 18-2380 (2d Cir. Jan. 21, 2020); DOJ/SDNY press releases
After departing the NYCAL docket in March 2015, Justice Heitler held the following positions. Each is documented in public records.
Heitler oversaw approximately 300 problem-solving courts statewide (drug courts, mental health courts, veterans courts, etc.). This is a senior statewide administrative role within the court system.
Source: NY Courts Historical Society biography; JAMS profile
Heitler co-chaired the commission reviewing forensic custody evaluations in New York. Her daughter’s Connecticut AAML presidency in 2018–2019 predates this commission. Her separately documented Connecticut professional roles do not establish participation in the New York commission or a shared custody-evaluation policy.
Source: Governor's office announcement; JAMS profile; SGB website
Heitler joined JAMS—rated “Best Overall ADR Provider” by the Connecticut Law Tribune—as a private neutral specializing in family law, commercial disputes, and employment matters. No assignment of a Connecticut-connected family case to Heitler through JAMS has been established in this research.
Source: JAMS profile; CT Law Tribune
Heitler's JAMS profile lists her January 2025 appointment to the body that screens applicants for admission to the New York bar.
Source: JAMS profile.
Justice Heitler has served on the Fordham Law Advisory Council since 1990 and as an adjunct professor (2010–2023). Jill Heitler Blomberg has led the Fordham Law CT Alumni Chapter since 2007. Fordham Law documented them as the first mother-daughter pair to serve together on the FLAA Board.
Source: Fordham Law News (October 2023); FLAA Board listing
This page publishes what we can source. It also publishes what we cannot.
These are questions, not accusations. The documented facts stand on their own.
How do disclosure deadlines, hearing schedules, and neutral appointments affect a family’s opportunity to contest consequential claims? The NYCAL history supplies a procedural comparison. Establishing unfairness in Connecticut requires the applicable order, notice, conduct, ruling, and resulting prejudice in a particular case.