New York Asbestos Litigation
New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma is a serious asbestos-related cancer with a long latency period, is the second most frequent mesothelioma patient in the country in the year 2019.
Recent NYCAL decisions are expected to have a significant impact on the defense of asbestos lawsuits. These decisions could result in extensive summary judgement motion practice focusing on the defendant's fiber/cc test and expert reports that place any exposure that is deemed to be respirable below an exposure threshold for ambient conditions.
Expert Testimony
New York asbestos attorneys - keegan-lauritsen-3.blogbright.net, rely heavily on the testimony of experts to prove their clients' claims. Asbestos litigation can be very expensive and expert witness fees make up a significant portion of total case costs. Lawyers on both sides could spend hours in preparation to confront an expert, while experts can charge thousands of dollars per day. For this reason, it is important for litigants to carefully examine and verify potential experts prior to their appointment. In the absence of this, it could result in a shaky Daubert Challenge and losing cases.
New York has a rich industrial past, and a lot of workers have been exposed to toxic asbestos. Many of these workers developed asbestos-related illnesses, like mesothelioma, lung cancer, and so on. They may seek compensation from the businesses who exposed them to asbestos.
Asbestos lawsuits are a regular occurrence in New York, and judges are familiar with the issues involved. For instance, the courts speed up trials for terminally sick plaintiffs, and they often combine cases to cut down on trial expenses. The courts also regularly examine their discovery procedures to ensure that they are efficient and up-to date.
In a case that is notable, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements made by plaintiffs' experts did not prove the causality. The case was re-argued by the defendants, and a ruling is expected soon.
The court's decision is expected to have a major impact on asbestos litigation in New York. At present, mesothelioma lawyer firms pepper daytime TV with commercials urging victims to file asbestos attorney lawsuits, promising huge settlements. The niche litigation has been particularly lucrative for plaintiffs' lawyers, who have paid millions of dollars in referral fees to former Assembly Speaker Sheldon Silver, who was recently found guilty of federal corruption charges that relate to the millions of dollars he earned from directing asbestos cases towards his firm.
New Yorkers should be vigilant in their workplaces, and communities about asbestos exposure. Asbestos lawsuits are on the rise and New York is among the the top jurisdictions for mesothelioma cases.
Summary Judgment
A New York asbestos lawyer can help you obtain the compensation you're due.
Asbestos exposure can lead to serious diseases like mesothelioma and lung cancer. These illnesses are extremely serious and have a long period of latency which means that patients may be experiencing symptoms as recently as 20 or 25 years after their initial exposure. There are ways for workers to protect themselves against asbestos exposure and prevent future illnesses. In recent years the asbestos litigation scene has undergone several major changes. The most significant change occurred in 2015, when New York's political establishment was shaken to its foundation following the conviction on federal corruption charges against former Assembly Speaker Sheldon Silver. Silver's corruption convictions stemmed from his secret moonlighting at the law firm of Weitz & Luxenberg, which was where he earned millions of dollars in referral fees for the firm.
The new Albany landscape is also impacted by the courtroom politics of the NYCAL docket. The long-time supervisor of the NYCAL docket, Justice Sherry Klein Heitler was replaced in 2021 amid reports that she provided the "red-carpet treatment" to asbestos cases brought by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the aftermath of the shake-up. His rulings have put a huge burden on defendants, making it almost impossible for them to get summary judgment.
In Juni, the Court of Appeals gave NYCAL a hefty dose of reality by rejecting the cumulative exposure theory that was a popular argument in the litigation. Instead it required that plaintiffs establish a specific causality with enough scientific evidence from their experts. This decision gives New York asbestos attorneys a strong argument against claims that claim to be fraud or speculative.
In Reid in Reid Abex, the Court of Appeals also gave asbestos defense attorneys a boost in their efforts to require plaintiffs to prove the existence of a specific causal connection between their asbestos-related disease and the specific products they were exposed to. In this decision plaintiffs are required to prove that their asbestos-related disease was caused by specific friction materials or linings supplied by the defendant rather than general workplace exposure to asbestos.
Causation
The defendants will have to prove that asbestos attorney contributed to the disease. The general consensus is that exposure to asbestos-containing substances can cause mesothelioma or other illnesses. However the law requires that plaintiffs be able to prove specific exposure to certain products made by certain defendants to be successful.
This is a difficult standard to meet, especially in NYCAL where a single judge oversees the entire NYC asbestos litigation. In the 16 years since Parker, New York courts have had a difficult time applying the principles outlined in that case. In 2016 the First Department in Matter of NYC Asbestos Litigation, (Juni) ruling that an expert's evidence that a plaintiff "regularly" exposed himself to products for friction that contained asbestos was not sufficient to prove specific causality under Nemeth.
Juni has imposed a substantial burden on defendants in NYCAL and could make them settle their claims for less than what they are entitled to. A mesothelioma lawyer from NYC can explain to you the benefits of filing suit and your options for financial compensation if have been diagnosed with mesothelioma.
New York State was the second most popular state for mesothelioma suits in 2019. It handled 6% of all asbestos litigation across the country. Up to 13,000 people are estimated to have been diagnosed with the disease in New York. The majority of those affected have been workers or contractors who were exposed to asbestos as it was used in industrial applications.
The symptoms of mesothelioma don't usually evident until between 25 and 50 years after the initial exposure. Many asbestos patients are fighting for the compensation they require to cover medical expenses, lost wages, loss of companionship and other damages.
While it is crucial to start a mesothelioma lawsuit in a timely manner, it is also crucial to work with an experienced mesothelioma lawyer who will help you obtain the maximum financial restitution possible. Contact a mesothelioma lawyer from NYC today to set up a free, no-obligation consultation. Your lawyer can assist you determine if you are qualified to receive financial compensation from an asbestos trust.
Damages
If you're suffering from mesothelioma or another asbestos-related disease, a successful lawsuit could help your family recover losses. Compensation can cover medical expenses, lost income from being unable, home care expenses, pain and suffering, mental anxiety, loss of quality of life, as well as funeral and burial costs. A seasoned New York asbestos lawyer will investigate the responsible parties to gather evidence and prove your claim. After that, your lawyer will bring a lawsuit in civil court before the time limit expires.
The courts are familiar with asbestos lawsuits, and have dockets specifically designed to simplify the process. They expedite trials for terminally-ill plaintiffs and group similar cases. Judges who handle these cases have been instructed to ensure justice and are aware of the higher dangers associated with asbestos.
According to a study that was conducted recently, New York City is the main hub in the country for asbestos litigation. Asbestos victims received billions in settlements and verdicts. Mesothelioma is a cancer that can be fatal caused by exposure to dangerous asbestos fibers. It is a rare and fatal disease, but lawsuits against companies that exposed workers to the cancer-causing chemical have led to compensation for victims for their suffering.
In addition to remunerating the victims of mesothelioma and other asbestos-related illnesses the lawsuits aim at securing the retribution of corporate wrongdoers. These lawsuits seek punitive damages awards that are in addition to compensatory damages. The intent of the lawsuits is to deter the defendant from engaging in similar behavior in the future.
However, the NYCAL decision offers defendants an opportunity to win their struggle to stay out of punitive damages. They were in danger of huge judgments in the past, in the belief that their conduct had been so bad that they would have to pay punitive damage awards to deter other people from committing the same offense.
With the decision in favor of plaintiffs, it is expected that a lot of the companies named as defendants will be disqualified. This is because even if they get dismissed, they will still have to spend money on legal fees to defend a case they did not deserve to be involved in.