New York Asbestos Litigation
New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma is an asbestos-related disease that is serious and has prolonged latency.
Recent NYCAL decisions will have a significant impact on the defense of asbestos lawsuits. These decisions will likely result in a large number of summary judgment motions based upon the defendant's fiber/cc tests 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 back up their client's claims. Asbestos litigation can be very expensive and expert witness costs represent a significant proportion of total case costs. Both sides can spend hundreds hours preparing to confront an expert. Experts can charge thousands of dollar per day. Therefore, it is essential that litigants conduct thorough examine and verify potential experts in advance. If they don't, it could result in a failed Daubert Challenge or losing cases.
New York has a rich industrial history, and many workers have been exposed to toxic asbestos. Many of these workers have been diagnosed with asbestos-related illnesses, such as mesothelioma as well as lung cancer. People who have suffered from these ailments can seek compensation from the companies who exposed them to asbestos.
Asbestos suits are quite common in New York and the judges are knowledgeable about the issue. The courts, for instance, expedite trials in cases of seriously ill plaintiffs and combine cases when needed to reduce the cost of trial. Additionally courts frequently review their discovery procedures to ensure that they are up-to-date and efficient.
In a landmark case, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements by plaintiffs’ experts did not prove causation. The defendants filed an appeal and a decision is expected soon.
The court's decision is expected to have a profound impact on asbestos litigation in New York. Currently, specialized mesothelioma law firms fill the air with ads urging victims to bring asbestos lawsuits, promising giant settlements. The niche litigation was especially lucrative for plaintiffs’ attorneys 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 aware in their workplaces and in their communities regarding asbestos exposure. Asbestos-related lawsuits are on the increasing, and the state is one of the top jurisdictions for mesothelioma verdicts.
Summary Judgment
A New York asbestos attorney can help you receive the compensation you deserve.
Asbestos exposure often leads to serious illnesses, such as mesothelioma as well as lung cancer. These diseases are aggressive and have a long latency time. This means that patients may not be suffering from symptoms until 20 or 25 years following their first exposure. There are steps that workers can take to avoid asbestos exposure and future disease. There have been a number of significant changes in the asbestos litigation environment in recent years. In 2015 the political establishment of New York was shook to its core by Sheldon Silver's conviction for federal corruption charges. Silver's convictions for corruption stemmed from his secretly working at the law firm of Weitz & Luxenberg, which employed him to earn millions of dollars in referral fees for the firm.
The new Albany landscape has also been shattered by the courtroom politics of the NYCAL docket. Justice Sherry Klein Heitler was replaced as the longtime manager of the NYCAL docket in 2021 amid reports that she had provided the "red carpet treatment" to asbestos-related claims filed by Weitz & Luxenberg. Following this reshuffle, Justice Peter Moulton has taken charge of NYCAL. His decisions have made it difficult for defendants to obtain summary judgement.
In Juni the year 2003, the Court of Appeals dealt NYCAL a harsh dose of reality, renouncing the cumulative-exposure theory that had become fashionable in the court case and insisting that plaintiffs prove the causation of their claims with sufficient scientific expression by their experts. This ruling gives New York asbestos attorneys a strong argument against allegations that claims are false or speculative.
In Reid v Abex, the Court of Appeals also gave asbestos defense lawyers support for their efforts to require plaintiffs to prove that there is a causal link between their asbestos-related illness and the specific substances they were exposed to. The decision imposes plaintiffs with the responsibility to prove that their condition was caused by specific friction materials and linings which were supplied by the defendant, and not general exposure to asbestos in the workplace.
Causation
The biggest challenge for asbestos defendants is the need to prove that there is a causal link. It is generally accepted that a person's exposure to certain asbestos-containing materials can cause mesothelioma, among other illnesses, but the law requires plaintiffs to establish specific exposure to products manufactured by particular defendants to prevail on their claims.
This is a difficult standard to achieve, particularly in NYCAL where a single judge oversees 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 the First Department in Matter of NYC Asbestos Litigation, (Juni) ruling that an expert's evidence that plaintiff "regularly" exposed himself to friction products containing asbestos was not sufficient to satisfy the requirement of specific causality under Nemeth.
Juni has placed a significant burden on defendants in NYCAL and could force them to settle their claims for less than they are entitled to. A mesothelioma lawyer in NYC can explain the advantages of filing a suit and the options to receive financial compensation if you have been diagnosed with mesothelioma.
New York state was the second most popular jurisdiction for mesothelioma lawsuits in the year 2019, and it handles 6% of national asbestos attorney litigation. Around 13,000 people are estimated to have been diagnosed with the disease in New York. The majority of victims were contractors or workers exposed to asbestos in industrial settings.
The signs of mesothelioma aren't typically evident until between 25 and 50 years after the first exposure. Many asbestos victims are fighting for the compensation they need to cover medical expenses, lost wages and companionship loss, in addition to damages.
It is essential to file your mesothelioma claim in a timely fashion, but it is also vital to work with mesothelioma lawyers who can assist you in seeking the highest amount of financial compensation. Contact a mesothelioma lawyer from NYC today to schedule a free no-obligation consultation. Your lawyer can help you determine if you're qualified for financial compensation from an asbestos trust.
Damages
If you're suffering from mesothelioma, or another asbestos-related illness, a successful lawsuit may compensate your family for your losses. Compensation can cover medical bills, lost wages due to inability to work, home-care expenses, mental stress and suffering loss of quality funeral and burial costs, and other costs. A seasoned New York asbestos attorneys lawyer will look into the responsible parties to gather evidence and support your claim. After this, your lawyer may bring a lawsuit in civil court before your state's statute of limitations expires.
The courts are familiar with asbestos lawsuits, and have specialized dockets to help simplify the process. They expedite trials for terminally-ill plaintiffs and group similar cases. In addition, 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 nation's hub for asbestos litigation. Asbestos victims have 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 brought against companies who exposed workers to asbestos fibers have led to compensation for victims.
In addition to compensating victims of mesothelioma and other asbestos attorney-related illnesses These lawsuits are also aimed at punishing corporate wrongdoers. These lawsuits seek punitive damage awards in addition to compensatory damages. They are designed to deter the defendant's conduct in the future and deter others from taking part in a similar action.
However the NYCAL decision provides defendants with a glimmer of hope in their battle to avoid punitive damages awards. They faced the prospect of large judgments in the past, on the basis that their conduct had been so indecent that they would have to pay damages for punitive harm to discourage others from following suit.
With the ruling in favor plaintiffs, it is likely that many of the companies named as defendants will be disqualified. Even if they were dismissed but they'd still have to pay legal fees to defend a case that they didn't deserve to be involved in.