New York Asbestos Litigation
New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma is a serious asbestos lawyers-related illness with prolonged latency.
Recent NYCAL decisions are likely to have a major impact on the defense of asbestos lawsuits. These decisions are likely to result in a large number of summary judgment motions based on the defendant's fiber/cc tests and expert reports that put any exposure that is deemed to be respirable under an ambient exposure threshold.
Expert Testimony
New York asbestos attorneys rely heavily on the testimony of experts to prove their clients' claims. Asbestos litigation is expensive, and expert witness fees represent a significant proportion of total case costs. Lawyers for both sides could spend hours in preparation to question an expert, and experts can charge thousands of dollars per day. Therefore, it is essential that litigants conduct thorough research and vet possible experts prior to interviewing them. Failure to do this could result in a failure of the Daubert challenge and lost cases.
New York has a rich industrial past, and a lot of workers have been exposed to asbestos that is toxic. Many of these workers have been diagnosed with asbestos-related illnesses, such as mesothelioma and lung cancer. They may seek compensation from the companies who exposed them to asbestos.
Asbestos suits are quite common in New York and the judges are familiarized with the issues. The courts, for instance expedite trials for patients who are terminally ill and consolidate cases when necessary to cut down on the cost of trial. The courts also review their discovery procedure to ensure that they are efficient and up-to-date.
In one case of note, Brown v. Weitz & Luxenberg, the First Department held that conclusory cumulative exposure statements by plaintiffs' experts were insufficient to establish the causation in asbestos cases. The case was then appealed by defendants, and a decision is expected soon.
The court's decision is likely to have an impact on asbestos attorney litigation across New York. There are currently mesothelioma-specific law firms saturate the daytime with ads urging victims to make asbestos lawsuits and promise giant settlements. The niche litigation was particularly lucrative for plaintiffs' lawyers who paid millions of referral fees to Sheldon Silver. Silver was recently convicted of federal corruption charges relating to the millions he made by the asbestos cases he directed to their firm.
New Yorkers should be vigilant at work and in their communities regarding asbestos exposure. Asbestos-related lawsuits are increasing and New York is one of the top jurisdictions for mesothelioma cases.
Summary Judgment
A New York asbestos attorney can help you receive the amount of compensation you are due.
Asbestos exposure is often the cause of serious diseases, such as mesothelioma and cancer of the lung. These diseases are extremely serious and have a long latency time. This means that patients may not have started experiencing symptoms until twenty or 25 years after the initial exposure. There are steps workers can take to prevent asbestos exposure and future illnesses. Several major changes have occurred in the asbestos litigation landscape in recent years. The most significant change occurred in 2015 in which the New York political establishment was shaken to its core following the conviction on federal corruption charges brought against the former Assembly Speaker Sheldon Silver. Silver's convictions for corruption stemmed from his secret employment at the law firm Weitz & Luxenberg. He used this to earn millions in referral fees.
The new Albany landscape has also been shaken by the courtroom political machinations of the NYCAL docket. Justice Sherry Klein Heitler was removed as the long-time manager of the NYCAL docket in 2021 amid 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 decisions have put a huge burden on defendants, making it almost impossible for them to obtain summary judgment.
In Juni, the Court of Appeals dealt NYCAL with a savage dose of truth, rejecting the cumulative exposure theory that had become fashionable in the litigation and calling for plaintiffs to establish the causation of their claims with sufficient scientific expression by their experts. This ruling gives New York asbestos attorneys a strong argument against claims that claim to be speculative or fraudulent.
In Reid v Abex, the Court of Appeals also gave asbestos defense attorneys a boost in their efforts to require plaintiffs to establish the existence of a specific causal connection between their asbestos-related condition and the specific substances they were exposed to. This decision imposes on plaintiffs the obligation to prove that their condition was caused by the specific friction materials and linings that were supplied by the defendant, and not 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 materials can cause mesothelioma or other illnesses. However the law requires that plaintiffs demonstrate specific exposure to the products manufactured by certain defendants in order to be successful.
This is a difficult standard to meet, particularly in NYCAL where only one judge oversees all NYC asbestos litigation. In the 16 years that have passed since Parker, New York courts have struggled to apply the principles from the case. In 2016, the First Department in Matter of NYC Asbestos Litigation, (Juni), ruled that an expert's evidence that plaintiff "regularly" exposed himself to friction products that contained asbestos was not enough to establish the requirement of specific causality under Nemeth.
Juni has placed a significant burden on defendants in NYCAL and may force them to settle their claims at a lower amount than they are entitled to. An attorney for mesothelioma in NYC can explain the benefits of filing a lawsuit and your options for restitution in the event that you are diagnosed with mesothelioma or other asbestos-related illnesses.
New York State was the second-most popular jurisdiction for mesothelioma suits in the year 2019. It was the sole handler of about 6% of the asbestos litigation in the nation. Up to 13,000 people are estimated to have been diagnosed with the disease in New York. The majority of those affected were contractors or employees who were exposed to asbestos as it was used in industrial applications.
The symptoms of mesothelioma don't typically evident until 25 to 50 years after the first exposure. Many asbestos patients are fighting to receive the compensation they require for medical expenses as well as lost wages and companionship loss, in addition to other damages.
While it is important to start a mesothelioma lawsuit in a timely manner however, it is equally important to work with an experienced mesothelioma lawyer who can help you obtain the maximum amount of financial compensation that you can. Contact a mesothelioma lawyer in NYC to schedule a free appointment that is no-obligation. Your lawyer can help you determine your eligibility for financial compensation from an asbestos trust fund.
Damages
If you suffer from mesothelioma or another asbestos-related illness, a successful lawsuit could compensate your family for your losses. Compensation could cover your medical expenses, lost income from being unable to work, home care expenses as well as pain and suffering, mental anxiety and loss of quality of life as well as funeral and burial costs. A seasoned New York asbestos lawyer will look into the responsible parties to collect evidence and support your claim. After that, your lawyer can file a lawsuit in civil court before the state's statute of limitations expires.
The courts are familiar with asbestos lawsuits, and they have dockets specifically designed to speed up the process. They speed up trials for terminally ill plaintiffs and group similar cases. The judges handling these cases have been trained to ensure justice and are aware of the increasing risks associated with asbestos.
According to a research study conducted recently, New York City is the nation's hub for asbestos litigation. Asbestos-related victims have claimed billions of dollars in settlements and verdicts. Mesothelioma is a deadly form of cancer is caused by asbestos fibers. It is an uncommon, incurable cancer. However lawsuits filed against companies that exposed workers to asbestos fibers have led to compensation for victims.
These lawsuits are designed to punish corporate wrongdoers as in compensating mesothelioma victims or other asbestos lawyers-related illnesses. The lawsuits seek punitive damages, which are awarded in addition to compensatory damages. The lawsuits are meant to discourage the defendant from engaging in similar behavior in the future.
The NYCAL decision gives defendants hope that they can avoid punitive damages. They faced the prospect of large judgments in the past, with the theory that their conduct was so bad that they would have to pay damages for punitive harm to deter other people from following their example.
With the ruling in favor plaintiffs, it is likely that many of the companies named as defendants will be reprimanded. This is because even if they're dismissed, they'll need to incur legal costs to defend a case they did not merit to be involved in.