New York Asbestos Litigation
New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma is an asbestos-related serious illness that has long latency periods.
Recent NYCAL decisions will have a profound effect on the defense of asbestos suits. These decisions could result in extensive summary judgment motion practice focusing on the defendant's fiber/cc tests and expert reports putting any respirable exposure below an ambient exposure threshold.
Expert Testimony
New York asbestos lawyers rely heavily on expert witness testimony to back their clients their claims. Expert witness fees can make up a significant proportion of total costs involved in asbestos litigation. Lawyers on both sides could spend a lot of time prepping to interview an expert, while experts can charge thousands of dollars per day. For this reason, it is crucial for litigants to research and vet potential experts prior to their appointment. If they don't, it could result in a failed Daubert Challenge or losing cases.
New York has had a long history of industrial activity. Many workers were exposed to asbestos. Many of these workers developed asbestos-related diseases, such as mesothelioma and lung cancer. People who have been affected by these diseases can recover compensation from the companies that exposed them to asbestos lawsuit.
Asbestos suits are common in New York and the judges are knowledgeable about the issue. The courts, for instance speed up trials in cases of terminally ill plaintiffs and consolidate cases when needed to reduce trial costs. The courts also periodically 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 by plaintiffs’ experts did not prove causality. The defendants appealed the case, and the decision is expected to be made soon.
The court's decision is likely to have a significant impact on asbestos litigation in New York. Currently, specialized mesothelioma law firms fill the air with advertisements urging people to bring asbestos lawsuits, promising huge settlements. The niche litigation was especially lucrative for plaintiffs' lawyers who paid millions in referral fees to Sheldon Silver. Silver was recently convicted of federal corruption charges related to the millions he earned by sending asbestos cases to their firm.
New Yorkers should continue to be vigilant in their workplaces, and communities about asbestos exposure. Asbestos lawsuits are on the increase and New York is among the top jurisdictions for mesothelioma cases.
Summary Judgment
A New York asbestos lawyer can assist you in obtaining the compensation you deserve.
Asbestos exposure is often the cause of serious diseases, including mesothelioma and lung cancer. These diseases are extremely serious and have a long latency time. This means that victims may not have started developing symptoms until 20 or 25 years after their initial exposure. There are steps that workers can take to prevent asbestos exposure and the development of a future illness. A number of major changes have taken place in the asbestos litigation landscape in recent years. The most significant development came in 2015 in which the New York political establishment was shaken to the core following the conviction on federal corruption charges of former Assembly Speaker Sheldon Silver. Silver's convictions for corruption stemmed from his secret work at the law firm Weitz & Luxenberg. He made millions in referral fees.
The new Albany landscape is also impacted by the courtroom political machinations of the NYCAL docket. Justice Sherry Klein Heitler was removed as the long-time manager of NYCAL docket in 2021 amid reports that she had given the "red carpet treatment" to asbestos claims brought by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the wake of this shake-up. His decisions have put a huge burden on defendants, making it almost impossible for them to get summary judgment.
In Juni the year 2003, the Court of Appeals dealt NYCAL with a savage dose of reality, renouncing the cumulative-exposure theory that was becoming popular in the court case and calling for plaintiffs to establish specific causation through sufficient scientific explanation by their experts. This ruling gives New York asbestos attorneys a powerful tool to defend 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 that there is a causal link between their asbestos-related condition and the particular products that they were exposed to. In this decision plaintiffs must prove that their asbestos-related illness was caused by specific friction materials or linings supplied by the defendant, not general workplace exposure to asbestos.
Causation
The defendants will need to prove that asbestos caused the disease. It is generally accepted that exposure to certain asbestos-containing materials is a cause of mesothelioma and various other illnesses, but the law requires plaintiffs to establish the specific exposure to products produced by particular defendants to be successful in their claims.
This is a difficult standard to meet, particularly in NYCAL where a single judge is responsible for the entire NYC asbestos litigation. In the 16 years that have passed since Parker, New York courts struggle to apply the principles of the case. In 2016, the First Department in Matter of NYC Asbestos Litigation, (Juni) decided that an expert's testimony that a plaintiff "regularly" exposed himself to products for friction that contained asbestos was not sufficient to prove the requirement of specific causality under Nemeth.
Juni has put a huge burden on defendants in NYCAL and may force them to settle their claims for less than what they are entitled to. A mesothelioma lawyer in NYC can explain to you the benefits of filing a lawsuit and your options for financial compensation if you have been diagnosed with mesothelioma.
New York state was the second most popular state for mesothelioma lawsuits in the year 2019 and is responsible for 6% of national asbestos litigation. As many as 13,000 people have been diagnosed with the disease in New York. Most of the victims were contractors or workers exposed to asbestos in industrial applications.
The signs of mesothelioma generally are not evident until the age of 25 to 50 years after initial exposure. Many asbestos sufferers are fighting for the compensation they require to cover medical expenses as well as lost wages, loss of companionship and other damages.
It is essential to file your mesothelioma claim promptly however, it is vital to work with mesothelioma lawyers who can assist you in obtaining the maximum financial restitution. Contact a mesothelioma lawyer in NYC to schedule a free appointment, no-obligation. Your lawyer can help you determine if you're eligible for financial compensation from an asbestos trust.
Damages
If you're suffering from mesothelioma, or another asbestos-related illness, a successful lawsuit may provide your family with compensation for their losses. Compensation can cover medical bills as well as lost wages due to inability to work, home-care expenses, mental anguish and pain, loss of quality, funeral and burial costs, and other costs. An experienced New York mesothelioma attorney will examine the parties responsible and gather evidence to support your claims. After that, your lawyer will start a civil lawsuit in court before your state's statute of limitations runs out.
The courts are well-versed in asbestos lawsuits, and they have specialized dockets to help simplify the process. They accelerate trials for plaintiffs with terminal illnesses and put similar cases together. Judges who handle these cases are trained to ensure justice and are aware of the increasing dangers associated with asbestos.
According to a study conducted recently, New York City is the national center for asbestos litigation. Asbestos victims have received billions of dollars in settlements and verdicts. Mesothelioma is a cancer that can be fatal that is caused by exposure to hazardous asbestos fibers. It is a rare, incurable cancer. However, lawsuits filed against companies that exposed workers to asbestos fibers have helped compensate victims.
These lawsuits aim to punish corporate wrongdoers as well indemnizing victims of mesothelioma or other asbestos-related diseases. These lawsuits seek punitive damage awards that are in addition to compensatory damages. The lawsuits are designed to discourage the defendant from repeating the same conduct in the future.
The NYCAL decision gives defendants the chance to avoid punitive damages. In the past, they been facing the prospect of huge judgments in these cases, according to the prevalent view that their conduct was so outrageous that they should be forced to pay punitive damages in order to discourage others from following suit.
Now, with the ruling in favor of plaintiffs, firms named as defendants in NYCAL cases could be dismissed in a large portion of their cases. Even if they were dismissed, they would still have to pay legal fees to defend a case they didn't have a right to be involved in.