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 a long period of latency, is the second most frequent mesothelioma-related case in the United States in the year 2019.
Recent NYCAL decisions are expected to have a profound impact on the defense of asbestos lawsuits. These decisions could result in extensive summary judgment motion practice focused on the defendant's fiber/cc test as well as expert reports putting any exposure that is deemed to be respirable below the threshold of exposure to ambient air.
Expert Testimony
New York asbestos lawyers rely heavily on expert witness testimony to prove their clients their claims. Expert witness fees can be a an enormous portion of total costs involved in asbestos litigation. Lawyers on both sides could spend a lot of time prepping to interview an expert, and experts can charge thousands of dollars per day. It is crucial that litigants carefully study and evaluate potential experts prior to interviewing them. Failure to do this can result in a failed Daubert Challenge or losing cases.
New York has had a long industrial history. Many workers were exposed to asbestos. Many of these workers have suffered asbestos-related illnesses, such as mesothelioma as well as lung cancer. People who have suffered from these ailments can recover compensation from the companies that exposed them to asbestos.
Asbestos lawsuits are a common event in New York, and judges are aware of the issues involved. The courts, for instance expedite trials for terminally ill plaintiffs and consolidate cases when needed to reduce the cost of trial. The courts also regularly review their discovery process to ensure that they are effective and current.
In a notable case, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements of plaintiffs' experts were not sufficient to establish causation. The case was then appealed by the defendants, and a ruling is expected soon.
The court's decision is expected to have an impact on asbestos litigation in New York. Currently, specialized mesothelioma law firms saturate the daytime with advertisements urging people to file asbestos lawsuits, promising giant settlements. The niche litigation has been particularly lucrative for plaintiffs' attorneys 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 made from directing asbestos cases towards his firm.
In addition to these legal developments, New Yorkers need to continue to be vigilant about possible asbestos exposure at work and in their communities. Asbestos lawsuits are on the increase and New York is among the top jurisdictions for mesothelioma cases.
Summary Judgment
A New York asbestos attorney can help you receive the compensation that you deserve.
Asbestos exposure could lead to serious diseases such as mesothelioma and lung cancer. These diseases are extremely serious, and they have a long latency time. This means that the victims might not be experiencing symptoms until 20 or 25 years after the initial exposure. There are steps workers can take to reduce the risk of asbestos exposure and a subsequent illnesses. A number of major changes have taken place in the asbestos litigation environment in recent years. In 2015 the political establishment in New York was shook to its foundation by the conviction of Sheldon S. Silver on federal charges of corruption. 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 courtroom politics on the NYCAL docket have also shaken the new Albany landscape. 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 lawyers claims brought by Weitz & Luxenberg. In the wake of this reshuffle, Justice Peter Moulton has taken the reigns of NYCAL. His decisions have made it difficult for defendants to obtain summary judgement.
In Juni, the Court of Appeals dealt NYCAL with a brutal dose of reality, rejecting the cumulative-exposure theory that was popular in the litigation, and requiring plaintiffs to prove specific causation by proving it through scientific expression by their experts. This decision gives New York asbestos defense attorneys an effective tool to defend against allegations of fraudulent and speculative claims.
In Reid In Reid Abex the Court of Appeals supported asbestos lawsuit - use squareblogs.net - defense lawyers in their efforts to force plaintiffs to prove a causal link between asbestos-related diseases and products to which they were exposed. This decision places on plaintiffs the obligation to prove that their illness was caused by the specific linings and friction materials that were provided by the defendant, and not general exposure to asbestos in the workplace.
Causation
The defendants must prove that asbestos contributed to the disease. It is generally accepted that exposure to certain asbestos-containing materials causes mesothelioma, among other diseases, however, the law requires plaintiffs to establish specific exposure to certain products made by particular defendants in order to prevail on their claims.
This is a difficult standard to achieve, particularly in NYCAL where a single judge oversees the entire NYC asbestos litigation. In the 16 years since Parker, New York courts have struggled to apply the principles from that 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 containing asbestos was not sufficient to establish the requirement of specific causality under Nemeth.
Juni has placed a significant burden on defendants, and could force them settle their claims at an amount lower than they are entitled. A mesothelioma lawyer from NYC can explain to you the benefits of filing a suit and the options to receive financial compensation if you have been diagnosed with mesothelioma.
New York state was the second most popular state for mesothelioma-related lawsuits in 2019, and it handles 6percent of all asbestos litigation. It is estimated that as many as 13,000 patients have been diagnosed with mesothelioma in the state. The majority of the victims are contractors or workers who were exposed to asbestos because it was being employed in industrial applications.
The symptoms of mesothelioma don't typically apparent until 25 to 50 years after the initial exposure. Many asbestos victims are fighting for the compensation they require for medical expenses, lost wages and companionship loss, in addition to other damages.
It is important to file your mesothelioma suit in a timely manner however, it is important to consult mesothelioma lawyers who can assist you in obtaining the most monetary restitution. Contact a mesothelioma lawyer in NYC today to set up a free, no-obligation consultation. Your lawyer can help you determine if you are eligible for financial compensation from an asbestos trust.
Damages
If you're suffering from mesothelioma, or another asbestos-related illness A successful lawsuit can pay your family members for their losses. Compensation can cover medical expenses, lost income from being unable or take care of your home as well as pain and suffering mental anguish and loss of quality of life, and funeral and burial costs. A seasoned New York asbestos lawyer will examine the parties responsible to gather evidence and prove your claim. After this, your lawyer may file a lawsuit in civil court before your state's statute of limitations runs out.
The courts are familiar with asbestos lawsuits and have dockets that are specifically designed to speed up the process. They accelerate trials for terminally ill plaintiffs and group similar cases together. Additionally, the judges handling these cases are aware of the higher risk of asbestos exposure and are trained to ensure justice is done.
According to a research study conducted recently, New York City is the nation's hub for asbestos litigation. Asbestos victims have received billions of dollars in settlements and verdicts. Mesothelioma, a deadly cancer, is caused by asbestos fibers. It is an uncommon, incurable cancer. However, lawsuits filed against companies who exposed workers to asbestos fibers have led to compensation for victims.
These lawsuits aim to penalize corporate wrongdoers as in compensating mesothelioma victims or other asbestos-related diseases. The lawsuits seek punitive damages, which are given in addition to compensatory damages. The lawsuits are designed to deter the defendant from engaging in similar conduct in the future.
The NYCAL decision gives defendants hope that they can avoid punitive damage awards. Prior to this, they faced the possibility of huge judgments in these cases, according to the popular belief that their conduct was so indefensible that they had to pay punitive damages to deter others from committing the same crime.
With the decision in favor of plaintiffs, firms named as defendants in NYCAL cases can expect to be dismissed in a substantial percentage of their cases. Even if they were to be dismissed, they would still have to pay legal fees to defend a case they did not deserve to be involved in.