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 times.
Recent NYCAL decisions will have a profound impact on the defense of asbestos lawsuits. These decisions could result in extensive summary judgment motion practice focused on the defendant's fiber/cc test as well as expert reports placing any respirable exposure below the threshold of exposure to ambient air.
Expert Testimony
New York asbestos attorneys rely heavily on the testimony of experts to back up their client's claims. Expert witness fees can be a an enormous portion of total costs involved in asbestos litigation. Both sides can spend hundreds hours preparing to question an expert. Experts can charge thousands of dollar per day. Therefore, it is essential that litigants carefully examine and verify potential experts prior to interviewing them. Failure to do this could result in a sham Daubert contest and a loss of cases.
New York has had a long industrial history. Many workers were exposed to asbestos. Many of these workers have developed asbestos-related illnesses, such as mesothelioma and lung cancer. They may seek compensation from the businesses who exposed them to asbestos attorneys.
Asbestos suits are common in New York and the judges are familiarized with the issues. For example, the courts speed up trials for ill plaintiffs, and they often combine cases to cut down on trial expenses. In addition the courts are regularly reviewing their discovery procedures to make sure they are up-to-date and effective.
In a notable case, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements made by plaintiffs' experts did not prove causality. The defendants appealed the case, and a decision is expected in the near future.
The court's decision is expected to have an impact on asbestos litigation in New York. Currently, specialized mesothelioma law firms fill the air with commercials urging victims to file asbestos lawsuits, promising giant settlements. The niche litigation was especially lucrative for plaintiffs' lawyers who paid millions of referral fees to Sheldon Silver. Silver was recently convicted of federal corruption charges in relation to the millions he made by sending asbestos cases to their firm.
New Yorkers must continue to be vigilant in their workplaces, and communities about asbestos exposure. Asbestos lawsuits are increasing and New York is one of the top jurisdictions for mesothelioma cases.
Summary Judgment
A New York asbestos lawyer can assist you in obtaining the settlement you're entitled to.
Asbestos exposure could lead to serious diseases such as mesothelioma or lung cancer. These illnesses are extremely serious and have a long latency period which means that patients may start suffering from symptoms as recently as 20 or 25 years after their first exposure. Fortunately, there are steps that workers can take to protect themselves against asbestos exposure and avoid future illness. In recent years the asbestos litigation scene has undergone several major changes. The most significant change came in 2015 in which the New York political establishment was shaken to the core following the conviction on federal corruption charges against former Assembly Speaker Sheldon Silver. Silver's corruption convictions stemmed from his secretly working at the law firm of Weitz & Luxenberg, which was where he earned 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. In the aftermath of this reshuffle Justice Peter Moulton has taken charge of NYCAL. His decisions have made it difficult for defendants to get summary judgment.
In Juni, the Court of Appeals gave NYCAL an ominous dose of reality, rejecting the cumulative exposure theory that was popular in the litigation. Instead it demanded that plaintiffs establish specific causality with enough scientific evidence from their experts. This ruling provides New York asbestos attorneys a strong argument against claims that claim they are speculative or fraudulent.
In Reid in Reid Abex, the Court of Appeals also gave asbestos defense attorneys support for their efforts to require plaintiffs to establish that there is a causal link between their asbestos-related condition and the specific products they were exposed to. 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 defendants will need to prove that asbestos contributed to the disease. It is generally accepted that a person's exposure to asbestos-containing materials causes mesothelioma, among other illnesses, but the law requires plaintiffs to prove specific exposure to certain products made by particular defendants in order to be successful in their claims.
This is a tough standard to meet, especially in NYCAL where a single judge oversees all NYC asbestos lawyers litigation. In the 16 years since Parker, New York courts struggle to apply the rules of the case. In 2016, the First Department in Matter of NYC Asbestos Litigation, (Juni) decided that an expert's evidence that plaintiff "regularly" exposed himself to friction products containing asbestos was not sufficient to prove the requirements of causality specific to Nemeth.
Juni has placed a significant burden on defendants in NYCAL and could make them settle their claims at a lower amount than they are entitled to. A mesothelioma attorney in NYC will explain the benefits of filing a lawsuit and your options for restitution financial if you are 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 6% of national asbestos litigation. It is estimated that around 13,000 people have been diagnosed with mesothelioma in the state. The majority of patients were contractors or workers exposed to asbestos in industrial applications.
The signs of mesothelioma aren't usually evident until between 25 and 50 years after exposure. Many asbestos patients are fighting to get the compensation they need to cover medical costs and lost wages, as well as loss of companionship and other damages.
While it is crucial to make a mesothelioma claim promptly however, it is equally important to partner with a seasoned mesothelioma lawyer who can help you pursue the maximum amount of financial compensation that you can. Contact a mesothelioma lawyer in NYC to schedule a free appointment, no-obligation. Your lawyer can assist you determine if you are qualified for financial compensation from an asbestos trust.
Damages
If you have mesothelioma, or another asbestos-related disease, a successful lawsuit could compensate your family's losses. Compensation may cover medical bills, lost wages due to inability to work, home care expenses, mental anguish and pain, loss of quality, funeral and burial costs, and other costs. A seasoned New York asbestos lawyer will investigate the responsible parties to gather evidence and support your claim. Your lawyer can then start a civil lawsuit before the statute of limitations runs out in your state.
The courts are familiar with asbestos lawsuits and have specialized dockets to help speed up the process. They expedite trials for terminally-ill plaintiffs, and group similar cases. Additionally, the judges handling these cases are aware of the increased dangers associated with asbestos exposure and are trained to ensure that justice is done.
According to a study conducted recently, New York City is the national center for asbestos litigation. Asbestos-related victims received billions of dollars in settlements and verdicts. Mesothelioma, a deadly cancer is caused by asbestos fibers. It is a rare, incurable cancer. However, lawsuits filed against companies that exposed workers to asbestos fibers have resulted in compensation for victims.
In addition to compensating victims of mesothelioma and the other asbestos-related diseases the lawsuits aim at securing the retribution of corporate wrongdoers. The lawsuits seek punitive damages which are given in addition to compensatory damages. They are intended to deter the defendant's conduct in the future, and discourage others from taking part in a similar action.
However the NYCAL decision gives defendants an opportunity to win their fight to stay out of punitive damages. Previously, they had been facing the prospect of huge judgments in these cases, according to the prevalent view that their conduct was so outrageous that they must pay punitive damages to prevent others from following suit.
With the decision in favor of plaintiffs, companies that are named as defendants in NYCAL cases are likely to be dismissed in a significant proportion of their cases. Even if they were dismissed, they would still have to pay legal fees to defend a case that they did not deserve to be in.