New York Asbestos Litigation
New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma, a serious asbestos-related cancer with a long latency is the second most prevalent mesothelioma-related case in the United States in 2019.
Recent NYCAL decisions will have a significant impact on the defense of asbestos suits. These decisions could result in a number of summary judgment motions based on test results of the defendant's fiber/cc and expert reports that put any exposure that is deemed to be respirable under an exposure threshold in the ambient.
Expert Testimony
New York asbestos attorneys rely heavily on the testimony of expert witnesses to prove their clients' claims. Asbestos litigation is expensive, and expert witness fees account for a significant percentage of total case costs. Both sides could spend hundreds of hours preparing to confront an expert. Experts can charge thousands of dollar per day. It is therefore important that litigants examine and verify potential experts in advance. In the absence of this, it could result in a shaky Daubert Challenge and lost cases.
New York has had a long history of industrialization. Many workers were exposed to asbestos. Many of these workers have developed asbestos-related diseases, such as mesothelioma or lung cancer. They can claim compensation from the companies who exposed them to asbestos.
Asbestos lawsuits are an everyday event in New York, and judges are familiar with the issues involved. The courts, for instance expedite trials in cases of terminally ill plaintiffs and consolidate cases when necessary to cut down on the cost of trial. In addition courts frequently review their discovery procedures to ensure that they are up-to-date and efficient.
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 appealed by defendants, and a decision is expected to be issued soon.
The court's decision is likely to impact asbestos litigation in New York. Currently, specialized mesothelioma law firms pepper daytime TV with ads urging victims to file asbestos lawsuits, promising massive settlements. The niche litigation was especially lucrative for plaintiffs' attorneys who paid millions in referral fees to Sheldon Silver. Silver was recently found guilty of federal corruption charges related to the millions he made by sending asbestos cases to their firm.
In addition to these legal developments, New Yorkers need to remain aware of the possibility of asbestos exposure in their workplaces and communities. Asbestos lawsuits are increasing and New York 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 and lung cancer. These illnesses are extremely serious and have a long latency period, meaning that victims may only have begun experiencing symptoms as recently as 20 or 25 years after the initial exposure. There are steps workers can take to prevent asbestos exposure and the development of a future disease. In recent years the asbestos litigation scene has seen major changes. In 2015, the political establishment in New York was shook to its foundation by the conviction of Sheldon S. Silver for federal corruption charges. Silver's convictions for corruption stemmed from his secret employment at the law firm Weitz & Luxenberg. He used this to earn millions of referral fees.
The new Albany landscape has also been shattered 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 amidst reports that she had provided the "red carpet treatment" to asbestos claims filed by Weitz & Luxenberg. Following this reshuffle Justice Peter Moulton has taken the charge of NYCAL. His rulings have made it difficult for defendants to obtain summary judgement.
In Juni, the Court of Appeals dealt NYCAL with a brutal dose of reality, renouncing the cumulative-exposure theory that had become fashionable in the litigation, and requiring plaintiffs to prove specific causation through sufficient scientific expression 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 prove that there is a causal link between their asbestos-related disease and the specific substances they were exposed to. In this case 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 exposure to asbestos in the workplace.
Causation
The most difficult challenge facing defendants in asbestos cases is the need to prove that there is a causal link. There is a consensus that exposure to asbestos-containing substances can trigger mesothelioma and other diseases. However the law requires that plaintiffs demonstrate specific exposure to the products manufactured by certain defendants for their claims to be successful.
This is a challenging standard to achieve, particularly in NYCAL where a single judge oversees all NYC asbestos litigation. In the 16 years 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) ruling that an expert's evidence that a plaintiff "regularly" exposed himself to friction products that contained asbestos was not enough to satisfy the requirement of specific causality under Nemeth.
Juni has imposed a substantial 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 will explain the benefits of filing a lawsuit and your options for restitution in the event that you're diagnosed with mesothelioma or other asbestos-related diseases.
New York state was the second most popular state for mesothelioma lawsuits in 2019, and it handles 6percent of all asbestos litigation. It is estimated that around 13,000 patients have been diagnosed with mesothelioma within the state. The majority of victims were workers or contractors exposed to asbestos in industrial settings.
The signs of mesothelioma typically do not appear until 25 to 50 years after the initial exposure. Many asbestos victims are now battling to obtain the compensation they require to cover medical costs as well as lost wages, loss of companionship and other damages.
It is important to file your mesothelioma lawsuit in a timely fashion however, it is vital to work with a mesothelioma lawyer who can assist you in seeking the maximum financial restitution. Contact a mesothelioma lawyer in NYC to set up a no-cost appointment, no-obligation. Your attorney will be able to discuss your eligibility for financial compensation from an asbestos trust fund.
Damages
If you're suffering from mesothelioma, or another asbestos-related illness A successful lawsuit can provide your family with compensation for their losses. Compensation could pay for medical bills, lost income due to being unable to work or take care of your home as well as pain and suffering, mental anxiety, loss of quality of life, and funeral and burial expenses. An experienced New York mesothelioma attorney will investigate the responsible parties and gather evidence to back your claims. Your lawyer will then file a civil lawsuit before the statute of limitations expires in your state.
The courts have dockets that are specially designed for asbestos cases in order to speed up the process. They expedite trials for terminally-ill plaintiffs, and group similar cases. In addition, the judges handling these cases are aware of the heightened dangers associated with asbestos exposure and are trained to ensure justice is done.
According to a study conducted recently, New York City is a national hub for asbestos litigation. Asbestos-related victims received billions of dollars in settlements and verdicts. Mesothelioma is a deadly form of cancer, is caused by asbestos lawyers fibers. It is a rare and incurable disease, but lawsuits against companies that exposed workers to the cancer-causing substance have aided in compensating victims for their suffering.
In addition to compensating victims of mesothelioma as well as other asbestos-related illnesses, these lawsuits are aimed at punishing corporate wrongdoers. The lawsuits seek punitive damages, which are granted in addition to compensatory damages. The intent of the lawsuits is to deter the defendant from repeating the same conduct in the future.
The NYCAL decision gives defendants hope that they can avoid punitive damages. They faced the prospect of massive judgments in the past with the theory that their conduct was so egregious, that they would have to pay damages for punitive harm to deter other people from following suit.
With the ruling in favor of plaintiffs, it is likely that many of the companies that were named as defendants will be disqualified. This is because even if they get dismissed, they'll be required to pay legal costs to defend a case they did not merit to be involved in.