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 prolonged latency.
Recent NYCAL decisions are likely to have a profound impact on the defense of asbestos lawsuits. These decisions are likely to result in extensive summary judgment motion practice focusing on the defendant's fiber/cc test and expert reports putting any respirable exposure below an ambient exposure threshold.
Expert Testimony
New York asbestos attorneys rely heavily on the testimony of experts to prove their clients' claims. Expert witness fees can make up a significant proportion of total cost of asbestos litigation. Both sides can devote hundreds of hours preparing to question an expert. Experts can charge thousands of dollars per day. Therefore, it is essential that litigants carefully examine and verify potential experts prior to interviewing them. If they don't, it could result in a failure of the Daubert Challenge and losing cases.
New York has a rich industrial past, and a lot of workers have been exposed to toxic asbestos lawyer. Many of these workers have suffered asbestos-related illnesses, including mesothelioma as well as lung cancer. Those who have suffered from these ailments are entitled to compensation from companies that exposed them to asbestos.
Asbestos suits are common in New York and the judges are knowledgeable about the issue. The courts, for example, expedite trials in cases of terminally ill plaintiffs and consolidate cases when needed to reduce the cost of trial. The courts also regularly review their discovery procedure to ensure that it is effective and up-to-date.
In one notable case, Brown v. Weitz & Luxenberg in which the First Department held that conclusory statements on exposure cumulatively made by the plaintiffs experts were not sufficient to establish the causation in asbestos cases. The case was then appealed by defendants, and a ruling is expected to be issued soon.
The court's decision is expected to impact asbestos litigation in New York. The mesothelioma lawyers are bombarding television during the day with ads which encourage victims to file asbestos suits, promising huge settlements. The specialized 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 convicted on federal corruption charges that relate to the millions of dollars he made from directing asbestos cases to his firm.
New Yorkers should continue to be vigilant in their workplaces, and communities about asbestos exposure. Asbestos lawsuits are on the rise and the state is one of the top jurisdictions for mesothelioma verdicts.
Summary Judgment
A New York asbestos attorney (Recommended Online site) can help you receive the compensation you deserve.
Asbestos exposure can cause serious diseases like mesothelioma and lung cancer. These illnesses are extremely serious and have a long time of latency, meaning that victims may start experiencing symptoms as recently as 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 environment in recent years. In 2015 the political establishment in New York was shook to its core by the conviction of Sheldon Silver on federal corruption charges. Silver's corruption convictions stemmed from his secretly working for the law firm of Weitz & Luxenberg, which employed him to earn 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 gave the "red-carpet treatment" to asbestos cases brought by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the following shake-up. His decisions have placed a heavy burden on defendants, making it nearly impossible for them to get summary judgment.
In Juni, the Court of Appeals dealt NYCAL a harsh 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 explanation by their experts. This decision gives New York asbestos attorneys a strong argument against claims that claim to be false or speculative.
In Reid in Reid Abex the Court of Appeals supported asbestos lawyers defense lawyers in their efforts to force plaintiffs to prove a causal connection between asbestos-related diseases and products to which they were exposed. This decision imposes on plaintiffs the obligation to establish that their disease was caused by the specific friction materials and linings which were supplied by the defendant, not general exposure to asbestos in the workplace.
Causation
The defendants will need to prove that asbestos contributed to the disease. The consensus is that exposure to asbestos-containing materials can trigger mesothelioma and other diseases. However the law requires that plaintiffs demonstrate specific exposure to the products produced by certain defendants in order to be successful.
This is a difficult standard to achieve, particularly in NYCAL where a single judge is responsible for 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, for instance, the First Department in Matter of NYC asbestos lawyers Litigation (Juni) ruled that a plaintiff's expert testimony that he "regularly exposed" himself to asbestos-containing friction products was not sufficient under Nemeth to establish a specific causation.
Juni has put a huge burden on defendants in NYCAL and may make them settle their claims for less than they are entitled to. A mesothelioma lawyer from NYC can explain the advantages 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 jurisdiction for mesothelioma-related lawsuits in 2019 and is responsible for about 6% of the national asbestos litigation. It is estimated that around 13,000 patients have been diagnosed with mesothelioma within the state. The majority of those affected were contractors or employees who were exposed to asbestos as it was employed in industrial applications.
Symptoms of mesothelioma are not usually evident until between 25 and 50 years after the initial exposure. Many asbestos victims are fighting to get the compensation they need for medical expenses, lost wages and companionship loss, in addition to damages.
While it is essential to start a mesothelioma lawsuit in a timely manner, it is also crucial to work with an experienced mesothelioma attorney who can help you pursue the maximum amount of financial restitution that is possible. Contact a mesothelioma attorney from NYC to schedule a free appointment that is no-obligation. Your lawyer can assist you determine if you are eligible for financial compensation from an asbestos trust.
Damages
If you're suffering from mesothelioma or another asbestos-related disease A successful lawsuit could compensate your family's losses. Compensation can cover medical bills, income loss due to being unable to work, home care expenses, pain and suffering, mental anxiety, loss of quality of life and funeral and burial costs. A seasoned New York mesothelioma attorney will look into the parties at fault and gather evidence to support your claims. After this, your lawyer may start a civil lawsuit in court before the state's statute of limitations runs out.
The courts are well-versed in asbestos lawsuits, and have specialized dockets to help streamline the process. They speed up trials for terminally ill plaintiffs, and also group similar cases. The judges handling these cases are trained to ensure justice and are aware of the increased risk of asbestos exposure.
According to a study that was conducted recently, New York City is the nation's hub for asbestos lawsuit litigation. Asbestos victims have received billions of dollars in settlements and verdicts. Mesothelioma is a deadly cancer caused by exposure to harmful asbestos fibers. It is a rare and incurable illness, but lawsuits brought against companies that exposed workers to asbestos cancer-causing substance have helped compensate victims for their suffering.
In addition to remunerating the victims of mesothelioma and the other asbestos-related diseases These lawsuits are also aimed at securing the retribution of corporate wrongdoers. The lawsuits seek punitive damages which are given in addition to compensatory damages. They are intended to discourage the defendant's behavior in the future and discourage others from engaging in a similar course of action.
The NYCAL decision gives defendants hope that they can avoid punitive damage awards. They had the possibility of massive judgments in the past on the basis that their conduct had been so egregious, that they had to pay damages for punitive harm to discourage others from committing the same offense.
With the decision in favor of plaintiffs, it is expected that many of the businesses named as defendants will be dismissed. This is because even if they get dismissed, they will still have to spend money on legal costs to defend a case that they didn't deserve to be involved in.