New York Asbestos Litigation
New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma is a serious asbestos-related illness with long latency periods.
Recent NYCAL decisions will have a profound impact on the defense of asbestos lawsuits. These decisions are likely to result in a large number of summary judgment motions based upon the defendant's fiber/cc tests and expert reports that place any exposure that can be deemed respirable below an exposure threshold for ambient conditions.
Expert Testimony
New York asbestos attorneys rely heavily on the testimony of expert witnesses to support their client's claims. Expert witness fees can make up a significant proportion of total costs involved in asbestos litigation. Both sides can devote hundreds of hours in preparation to question an expert. Experts can charge thousands of dollars per day. It is therefore important that litigants carefully examine and verify potential experts prior to contacting them. If they don't, it could result in a failure of the Daubert Challenge and lost cases.
New York has had a long history of industrialization. Many workers were exposed to asbestos. Many of these workers developed asbestos-related diseases, such as mesothelioma and lung cancer. These workers can claim compensation from the companies who exposed them to asbestos.
Asbestos suits are commonplace in New York and the judges are knowledgeable about the issue. For example, the courts expedite trials for terminally patients, and often consolidate cases to lower costs for trial. The courts also review their discovery process to ensure that it is effective and up-to date.
In a case that is notable, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements of plaintiffs' experts did not prove the causality. The defendants appealed the case and a decision is expected in the near future.
The court's ruling is expected to impact asbestos litigation throughout New York. Mesothelioma lawyers have been bombarding television during the day with ads that encourage asbestos victims to file suits, promising huge settlements. The niche litigation was particularly lucrative for plaintiffs' attorneys who paid millions in referral fees to Sheldon Silver. Silver was recently found guilty of federal corruption charges relating to the millions he earned by sending asbestos cases to their firm.
In addition to these legal developments, New Yorkers must remain aware of the possibility of asbestos exposure at work and in their communities. Asbestos lawsuits are on increase and the state is one of the top jurisdictions for mesothelioma cases.
Summary Judgment
A New York asbestos attorney can assist you in receiving the compensation that you deserve.
Asbestos exposure can lead to serious diseases, such as mesothelioma as well as lung cancer. These diseases are aggressive, and they have a long time to develop. This means that victims may not have started experiencing symptoms until 20 or 25 years following the initial exposure. There are steps workers can take to reduce the risk of asbestos exposure and the development of a future disease. There have been a number of significant changes in the asbestos litigation scene in recent years. The most significant change occurred in 2015, when New York's political establishment was shaken to the core by the conviction on federal corruption charges of former Assembly Speaker Sheldon Silver. Silver's corruption convictions stemmed from a secret moonlighting at the law firm of Weitz & Luxenberg, which employed him to earn millions of dollars in referral fees for the firm.
The new Albany landscape has also been shaken by the courtroom politics of the NYCAL docket. Justice Sherry Klein Heitler was replaced as the longtime manager of the NYCAL docket in 2021 following reports that she had provided the "red carpet treatment" to asbestos-related claims filed by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the following shake-up. His rulings have made it difficult for defendants to obtain summary judgment.
In Juni, the Court of Appeals dealt NYCAL a harsh dose of truth, rejecting the cumulative-exposure theory that was becoming popular in the litigation, and requiring plaintiffs to prove specific causation through sufficient scientific evidence from their experts. This decision provides New York asbestos defense attorneys the ability to defend against allegations of fraudulent and speculative claims.
In Reid v Abex, the Court of Appeals also gave asbestos defense attorneys a boost in their efforts to require plaintiffs to prove a specific causal link between their asbestos-related illness and the specific substances they were exposed to. The decision imposes plaintiffs with the responsibility to prove that their condition was caused by specific friction materials and linings that were provided by the defendant, rather than general exposure to asbestos in the workplace.
Causation
The defendants will need to demonstrate that asbestos caused the disease. The consensus is that exposure to asbestos-containing substances can cause mesothelioma or other diseases. However, the law requires plaintiffs prove specific exposure to products made by certain defendants in order to be successful.
This is a difficult standard to meet, especially in NYCAL, where a single judge manages the entire NYC asbestos litigation. In Lexington asbestos attorney since Parker, New York courts struggle to apply the rules from that case. In 2016, the First Department in Matter of NYC Asbestos Litigation, (Juni), ruled the testimony of an expert that a plaintiff "regularly" exposed himself to products for friction that contained asbestos was not enough to satisfy the requirements of causality specific to Nemeth.
Juni has put a huge burden on defendants in NYCAL and could force them to settle their claims at a lower amount than they are entitled to. An attorney for mesothelioma in NYC will explain the benefits of filing a suit and your options for restitution financial if you are diagnosed with mesothelioma, or other asbestos-related diseases.
New York State was the second most popular mesothelioma-related jurisdiction suits in the year 2019. It was the sole handler of 6% of all national asbestos litigation. It is estimated that around 13,000 patients have been diagnosed with mesothelioma within the state. The majority of those affected are contractors or workers who were exposed to asbestos when it was being employed in industrial applications.
Symptoms of mesothelioma are not typically evident until between 25 and 50 years after the initial exposure. Many asbestos patients are fighting for the compensation they require for medical expenses as well as lost wages and companionship loss, among other damages.
It is important to file your mesothelioma claim in a timely fashion however, it is essential to work with a mesothelioma lawyer who can help you seek the maximum financial restitution. Contact a mesothelioma attorney from NYC to set up a no-cost appointment that is no-obligation. Your attorney can discuss your eligibility for financial compensation from an asbestos trust fund.
Damages
If you have mesothelioma, or another asbestos-related disease A successful lawsuit could compensate your family's losses. Compensation could pay for medical bills, lost income from being unable to work, home care expenses as well as pain and suffering mental anguish and loss of quality of life and funeral and burial expenses. A seasoned New York mesothelioma attorney will look into the parties at fault and gather evidence to support your claims. Your lawyer can then start a civil lawsuit before the statute of limitations expires in your state.
The courts are well-versed in asbestos lawsuits and have dockets that are specifically designed to simplify the process. They accelerate trials for terminally ill plaintiffs and group similar cases together. Additionally the judges who handle these cases are aware of the higher risks associated with asbestos exposure and are trained to ensure that justice is done.
According to a study conducted recently, New York City is the nation's hub for asbestos litigation. Asbestos victims have claimed billions of dollars in settlements and verdicts. Mesothelioma is a deadly form of cancer is caused by asbestos fibers. It is a rare, incurable disease, but lawsuits against companies who exposed workers to the cancer-causing chemical have led to compensation for victims for their suffering.
These lawsuits aim to penalize corporate wrongdoers as in compensating mesothelioma victims or other asbestos-related illnesses. These lawsuits seek punitive damage awards in addition to compensatory damages. The intent of the lawsuits is to deter the defendant from engaging in similar conduct in the future.
However, the NYCAL decision offers defendants the chance to have a shot of hope in their battle to avoid punitive damages awards. They were in danger of massive judgments in the past, with the theory that their conduct had been so bad that they had to pay punitive damages to discourage others from committing the same offense.
Now, with the ruling in favor of plaintiffs, companies that are named as defendants in NYCAL cases are likely to be dismissed in a significant portion of their cases. This is because even if they get dismissed, they will be required to pay legal costs to defend a case that they did not deserve to be involved in.