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 prolonged latency.
Recent NYCAL decisions are likely to have a significant impact on the defense of asbestos lawsuits. These decisions are likely to result in a large number of summary judgment motions based upon the asbestos defendant's tests for fiber/cc as well as expert reports that place any exposure that is deemed to be respirable under an exposure threshold for ambient conditions.
Expert Testimony
New York asbestos attorneys rely heavily on the testimony of experts to support their client's claims. Asbestos litigation is expensive, and expert witness fees make up a significant portion of total case costs. Both sides could spend hundreds of hours preparing to question an expert. Experts can charge thousands of dollars per day. Therefore, it is crucial for litigants to research and vet potential experts prior to hiring them. In the absence of doing so, it could result in a sham Daubert challenge or losing cases.
New York has a rich industrial past, and many workers have been exposed to asbestos that is toxic. Many of these workers developed asbestos-related diseases, such as mesothelioma and lung cancer. These workers can claim compensation from the companies who exposed them to asbestos.
Asbestos lawsuits are a common in New York, and judges are aware of the issues involved. The courts, for instance speed up trials in cases of patients who are terminally ill and consolidate cases when necessary to cut down on the cost of trial. The courts also periodically review their discovery procedure to ensure that they are effective and up-to date.
In one case of note, Brown v. Weitz & Luxenberg in which the First Department held that conclusory statements on exposure cumulatively made by plaintiffs' experts were insufficient to establish the causality in an asbestos case. The case was then appealed by defendants, and a decision is expected in the near future.
The court's decision is likely to have a significant impact on asbestos litigation in New York. Currently, specialized mesothelioma law firms saturate the daytime with ads urging victims to file asbestos lawsuits, promising massive settlements. The niche litigation has proven particularly lucrative for plaintiffs' lawyers who have repaid 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 earned by directing asbestos cases to his firm.
New Yorkers should continue to be vigilant at work and communities to avoid asbestos exposure. Asbestos lawsuits are on the increase, and the state is one of the top jurisdictions for mesothelioma verdicts.
Summary Judgment
A New York asbestos lawyer can assist you in obtaining the compensation you're due.
Asbestos exposure can cause serious diseases such as mesothelioma or lung cancer. These diseases are extremely serious and have a long period of latency. This means that the victims may not have started experiencing symptoms until twenty or 25 years after their first exposure. There are ways for workers to protect themselves against asbestos exposure and avoid future disease. Several major changes have occurred 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 convictions for corruption stemmed from his secretly working for the law firm of Weitz & Luxenberg, which was where he earned millions of dollars in referral fees for the firm.
The courtroom politics on the NYCAL docket have also shaken up the new Albany landscape. The long-time supervisor of the NYCAL docket, Justice Sherry Klein Heitler, was replaced in 2021 amid reports that she provided the "red-carpet treatment" to asbestos cases filed by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the following shake-up. His decisions have made it difficult for defendants to get the benefit of a summary judgement.
In Juni the year 2003, the Court of Appeals gave NYCAL a hard dose of reality by rejecting the cumulative exposure theory that was a popular argument in the litigation. Instead it required plaintiffs prove causality with enough scientific evidence from their experts. This decision gives New York asbestos defense attorneys a powerful tool to defend against allegations of speculative and fraudulent claims.
In Reid v Abex the Court of Appeals supported asbestos defense attorneys in their efforts to compel plaintiffs to prove a causal connection between asbestos-related diseases and products to which they were exposed. In this case, plaintiffs are required to prove that their asbestos-related disease was caused by specific friction materials or linings offered by the defendant rather than general workplace exposure to asbestos.
Causation
The defendants must prove that asbestos contributed to the disease. It is generally accepted that exposure to asbestos-containing substances can cause mesothelioma, among other diseases, however, the law requires plaintiffs to establish specific exposure to certain products made by particular defendants to be successful in their claims.
This is a tough standard to meet, especially in NYCAL where a single judge manages the entire NYC asbestos litigation. In the 16 years that have passed since Parker, New York courts struggle to apply the rules from that case. In 2016, for example the First Department in Matter of NYC Asbestos Litigation (Juni) ruled that a plaintiff's expert declaration that he "regularly exposed" himself to friction products containing asbestos was not sufficient under Nemeth to establish a specific causality.
Juni has placed a huge burden on defendants and may force them to settle their claims for a lower amount than they are entitled. A mesothelioma lawyer from NYC can explain the advantages of filing suit and your options to receive financial compensation if you have been diagnosed with mesothelioma.
New York State was the second-most popular jurisdiction for mesothelioma suits in 2019. It was the sole handler of 6% of all asbestos litigation across the country. As many as 13,000 people have been diagnosed with the disease in New York. Most of the victims are contractors or workers who were exposed to asbestos because it was being used in industrial applications.
The symptoms of mesothelioma usually do not appear until 25 to 50 after the initial exposure. Many asbestos patients are fighting to get the compensation they need to pay for medical expenses and lost wages, as well as loss of companionship, and other damages.
While it is crucial to file a mesothelioma lawsuit promptly but it is also essential to consult with a knowledgeable mesothelioma lawyer who will help you obtain the maximum amount of financial compensation that you can. Contact a mesothelioma lawyer in NYC today to schedule a free, no-obligation consultation. Your lawyer can assist determine if you're eligible to receive financial compensation from an asbestos trust.
Damages
If you have mesothelioma, or any other asbestos-related illness A successful lawsuit could help your family recover losses. Compensation can cover medical bills, income loss from being unable and home care expenses as well as 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. Your lawyer can then file a civil lawsuit before the statute of limitations expires in your state.
The courts are well-versed in asbestos lawsuits and have dockets specifically designed to speed up the process. They expedite trials for terminally-ill plaintiffs and group similar cases. Additionally the judges who handle these cases are aware of the higher risks associated with asbestos attorney exposure and are trained to ensure that justice is served.
According to a recent study, New York City is the nation's hub for asbestos litigation. Asbestos-related victims received billions of dollars in settlements and verdicts. Mesothelioma is a cancer that can be fatal caused by exposure to dangerous asbestos fibers. It is a rare and incurable illness, but lawsuits brought against companies who exposed workers to the cancer-causing substance have aided in compensating victims for their suffering.
In addition to compensating 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 designed to deter the defendant's actions in the future, and discourage others from taking part in the same course of action.
The NYCAL decision gives defendants the chance to stay clear of punitive damages. In the past, they faced the prospect of massive judgments in these cases with the prevailing theory that their conduct was so outrageous that they must pay punitive damages to prevent others from committing the same crime.
With the ruling in favor of plaintiffs, it is expected that many of the businesses named as defendants will be disqualified. This is because even if they get dismissed, they will be required to pay legal costs to defend a case they didn't deserve to be involved in.