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 long latency periods.
Recent NYCAL decisions will have a significant impact on the defense of asbestos lawsuits. These decisions could result in extensive summary judgment motions focusing 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 attorneys rely heavily on the testimony of expert witnesses to back up their client's claims. Expert witness fees can make up a a large percentage of the total costs in asbestos litigation. Lawyers for both sides can spend hours in preparation to confront an expert, and experts can charge thousands of dollars per day. Therefore, it is essential that litigants conduct thorough study and evaluate potential experts prior to contacting them. Failure to do this 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 have suffered asbestos-related diseases, such as mesothelioma and lung cancer. Anyone who has suffered from these ailments can seek compensation from the companies that exposed them to asbestos.
Asbestos suits are commonplace in New York and the judges are knowledgeable about the issue. The courts, for example, expedite trials in cases of patients who are terminally ill and consolidate cases when necessary to reduce the cost of trial. The courts also periodically examine their discovery procedures to ensure that they are efficient and up-to date.
In one case of note, Brown v. Weitz & Luxenberg, the First Department held that conclusory cumulative exposure statements from plaintiffs experts were not sufficient to establish the causation in asbestos cases. The defendants filed an appeal and a decision is expected in the near future.
The court's decision is expected to have a major 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 was particularly lucrative for plaintiffs’ attorneys who paid millions of referral fees to Sheldon Silver. Silver was recently convicted of federal corruption charges relating to the millions he earned by the asbestos cases he directed to their firm.
In addition to these legal developments, New Yorkers should continue to be alert to asbestos exposure in their workplaces and communities. Asbestos lawsuits are on increasing, and the state is one of the top jurisdictions for mesothelioma verdicts.
Summary Judgment
A New York asbestos attorney can assist you in receiving the compensation that you deserve.
asbestos lawsuit exposure can lead to serious diseases, such as mesothelioma as well as lung cancer. These diseases are aggressive, and they have a long time to develop. This means that patients may not be suffering from symptoms until twenty or 25 years after the initial exposure. There are steps that workers can take to prevent asbestos exposure and the development of a future illnesses. In recent years the asbestos litigation landscape has seen significant changes. In 2015 the political establishment in New York was shook to its core by Sheldon Silver's conviction for federal corruption charges. Silver's convictions for corruption stemmed from his shady employment at the law firm Weitz & Luxenberg. He utilized this to earn millions of referral fees.
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 amidst reports that she'd given the "red carpet treatment" to asbestos claims brought by Weitz & Luxenberg. Following this reshuffle Justice Peter Moulton has taken the charge of NYCAL. His rulings have made it more difficult for defendants to get the benefit of a summary judgement.
In Juni the year 2003, the Court of Appeals gave NYCAL a hefty dose of reality by rejecting the cumulative exposure theory that was prevalent in the litigation. Instead it demanded that plaintiffs establish a specific causality with enough scientific evidence from their experts. This decision gives New York asbestos attorneys a powerful tool to defend against claims that claim they are speculative or fraudulent.
In Reid v Abex the Court of Appeals supported asbestos defense lawyers in their efforts to require plaintiffs to prove a causal link between asbestos-related diseases and products to which they were exposed. In this ruling plaintiffs must prove that their asbestos-related illness was caused by specific friction materials or linings offered by the defendant, not general workplace exposure to asbestos.
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 lead to mesothelioma or other diseases. However the law requires that plaintiffs prove specific exposure to products made by certain defendants for their claims to be successful.
This is a challenging standard to meet, especially in NYCAL where one judge is in charge of all NYC asbestos litigation. In the 16 years since the decision of Parker, New York courts have had a difficult time applying the principles of the 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 satisfy specific causality.
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 in NYC will explain the benefits of filing a suit and your options for restitution financial if you're diagnosed with mesothelioma or any other asbestos-related illnesses.
New York State was the second most popular mesothelioma-related jurisdiction suits in 2019. It was the sole handler of 6percent of all asbestos litigation across the country. Up to 13,000 people are estimated to have been diagnosed with the disease in New York. Most of the victims were contractors or workers exposed to asbestos in industrial applications.
The symptoms of mesothelioma usually don't manifest until between 25 to 50 years after initial exposure. Many asbestos victims are fighting to get the compensation they need to cover medical expenses loss of wages, companionship loss, in addition to damages.
It is crucial to file your mesothelioma claim in a timely fashion however, it is vital to work with an attorney for mesothelioma who can assist you in obtaining the highest amount of financial compensation. Call a mesothelioma attorney in NYC to set up a no-cost appointment that is no-obligation. Your attorney will be able to discuss your eligibility for financial restitution from an asbestos trust fund.
Damages
If you're suffering from mesothelioma or any other asbestos-related disease, a successful lawsuit could compensate your family for your losses. Compensation could pay for medical bills, lost income due to being unable to work and home care expenses as well as pain and suffering, mental anxiety and loss of quality of life and funeral and burial expenses. A seasoned New York asbestos lawyer will look into the responsible parties to collect evidence and support your claim. Your lawyer will then bring a civil suit before the statute of limitations expires in your state.
The courts have dockets that are specially designed for asbestos cases that streamline the process. They expedite trials for terminally-ill plaintiffs, and group similar cases. The judges who are handling these cases have been instructed to ensure justice and are aware of the increased risk of asbestos exposure.
According to a recent study, New York City is the nation's hub for asbestos litigation. Asbestos-related victims have claimed billions of dollars in settlements and verdicts. Mesothelioma is a fatal 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 as well as other asbestos-related illnesses the lawsuits aim at securing the retribution of corporate wrongdoers. These lawsuits seek punitive damage awards in addition to compensatory damages. They are intended to deter the defendant's actions in the future and discourage others from participating in a similar action.
The NYCAL decision gives defendants the chance to avoid punitive damages. They were in danger of large judgments in the past, in the belief that their conduct had been so egregious, that they would have to pay punitive damages to discourage others from following suit.
With the ruling in favor plaintiffs, it is expected that many of the businesses that were named as defendants will be dismissed. Even if they are dismissed but they'd still have to pay legal fees to defend a case that they did not deserve to be involved in.