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 expected to have a significant impact on the defense of asbestos lawsuits. These decisions are likely to result in extensive summary judgment motion practice focused on the defendant's fiber/cc test and expert reports putting any respirable exposure below the threshold of exposure to ambient air.
Expert Testimony
New York asbestos lawyers; lovewiki.Faith, rely heavily on expert witness testimony to back their clients claim. Expert witness fees can make up a an enormous portion of total costs involved in asbestos litigation. Both sides can devote hundreds of hours in preparation to question an expert. Experts can charge thousands of dollars per day. It is crucial that litigants carefully examine and verify potential experts prior to interviewing them. In the absence of doing so, it could result in a failed Daubert challenge and lost cases.
New York has had a long history of industrial activity. Many workers were exposed to asbestos. Many of these workers developed asbestos-related diseases, including mesothelioma, lung cancer, and so on. These workers can seek compensation from the businesses who exposed them to asbestos.
Asbestos suits are quite common in New York and the judges are knowledgeable about the issue. For instance, courts expedite trials for terminally ill plaintiffs, and they often consolidate cases to lower trial expenses. In addition the courts are regularly reviewing their discovery procedures to ensure that they are up-to-date and efficient.
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 insufficient to establish the causation in asbestos cases. The case was appealed by defendants, and a decision is expected soon.
The court's decision is likely to impact asbestos litigation throughout New York. The mesothelioma lawyers are currently bombarding television during the day with ads that encourage asbestos victims to file suits, promising huge settlements. The niche 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 found guilty of federal corruption charges relating to the millions of dollars he earned by directing asbestos cases to his firm.
In addition to these legal developments, New Yorkers need to remain vigilant about possible asbestos lawyer exposure in their workplaces and communities. Asbestos lawsuits are on the rise and New York is one of most prominent jurisdictions for mesothelioma verdicts.
Summary Judgment
A New York asbestos lawyer can assist you in obtaining the settlement you're due.
asbestos attorney exposure can lead to serious diseases, including mesothelioma and lung cancer. These diseases are aggressive and have a long period of latency which means that the victims could be suffering from symptoms as recently as 20 or 25 years after their first exposure. There are steps that workers can take to prevent asbestos exposure and the development of a future disease. Several major changes have occurred in the asbestos litigation environment in recent years. In 2015 the political establishment of New York was shook to its core by the conviction of Sheldon Silver on federal corruption charges. Silver's convictions for corruption stemmed from his secret employment at the law firm Weitz & Luxenberg. He used this to earn millions in referral fees.
The new Albany landscape has also been shattered by the courtroom politics of the NYCAL docket. Justice Sherry Klein Heitler was removed as the long-time manager of NYCAL docket in 2021 amid reports that she had given the "red carpet treatment" to asbestos-related claims filed by Weitz & Luxenberg. Following this reshuffle Justice Peter Moulton has taken the charge of NYCAL. His decisions have made it more difficult for defendants to obtain summary judgment.
In Juni, the Court of Appeals dealt NYCAL with a savage dose of truth, rejecting the cumulative-exposure theory that was popular in the litigation, and calling for plaintiffs to establish specific causation through sufficient scientific expression by their experts. This ruling gives New York asbestos defense attorneys the ability to defend against claims of fraudulent and speculative claims.
In Reid In Reid Abex the Court of Appeals supported asbestos defense lawyers in their efforts to force plaintiffs to establish a causal connection between asbestos-related illnesses and the products to which they were exposed. The decision imposes plaintiffs with the responsibility to establish that their disease was caused by the specific linings and friction materials that were supplied by the defendant, rather than general exposure to asbestos in the workplace.
Causation
The defendants will need to prove that asbestos caused the disease. There is a consensus that exposure to asbestos-containing substances can lead to mesothelioma or other diseases. However, the law requires plaintiffs demonstrate specific exposure to the products produced by certain defendants in order for their claims to be successful.
This is a difficult standard to meet, especially in NYCAL where one judge is in charge of all NYC asbestos litigation. In the 16 years since Parker, New York courts have had a difficult time applying the principles of that case. In 2016, the First Department in Matter of NYC Asbestos Litigation, (Juni) ruling the testimony of an expert that a plaintiff "regularly" exposed himself to products for friction that contained asbestos was not enough to satisfy specific causality under Nemeth.
Juni has placed a heavy burden on defendants, and could make them to settle their claims for a lower amount than they are entitled. A mesothelioma attorney in NYC can explain to you the benefits of filing a suit and the options for financial compensation if have been diagnosed with mesothelioma.
New York state was the second most popular jurisdiction for mesothelioma-related lawsuits in 2019 and handles 6percent of all asbestos litigation. It is estimated that as many as 13,000 people have been diagnosed with mesothelioma within the state. The majority of the victims are contractors or workers who were exposed to asbestos because it was being used in industrial processes.
Symptoms of mesothelioma are not usually evident until between 25 and 50 years after the initial exposure. Many asbestos sufferers are fighting for the compensation they require to cover medical expenses and lost wages, as well as loss of companionship, and other damages.
While it is essential to file a mesothelioma lawsuit in a timely manner but it is also essential to partner with a seasoned mesothelioma attorney who can help you obtain the maximum amount of financial compensation that you can. Contact a mesothelioma lawyer from NYC today to schedule a free, no-obligation consultation. Your attorney will be able to discuss your eligibility for financial restitution from an asbestos trust fund.
Damages
If you suffer from mesothelioma or a similar asbestos-related condition, a successful lawsuit can pay for the losses of your family. Compensation could pay for medical bills, income loss from being unable to work or take care of your home, pain and suffering, mental anxiety and loss of quality of life, and funeral and burial costs. A seasoned New York mesothelioma attorney will investigate the responsible parties and collect evidence to support your claims. Your lawyer will then bring a civil suit before the statute of limitations expires in your state.
The courts are familiar with asbestos lawsuits, and they have dockets that are specifically designed to streamline the process. They accelerate trials for terminally ill plaintiffs and group similar cases together. The judges who are handling these cases are trained to ensure justice and are aware of the higher risks associated with asbestos.
According to a study that was conducted recently, New York City is the nation's hub for asbestos attorney litigation. Asbestos victims have claimed billions of dollars in settlements and verdicts. Mesothelioma is a fatal cancer, is caused by asbestos fibers. It is a rare and incurable disease, however lawsuits filed against companies that exposed workers to the cancer-causing substance have aided in compensating victims for their suffering.
In addition to compensating victims of mesothelioma and other asbestos-related diseases, these lawsuits are aimed at punishing corporate wrongdoers. These lawsuits seek punitive damage awards that are in addition to compensatory damages. The lawsuits are meant to deter the defendant from engaging in similar behavior in the future.
The NYCAL decision gives defendants hope that they will avoid punitive damages. They had the possibility of huge judgments in the past on the basis that their conduct was so egregious, that they had to pay punitive damage awards to deter other people from following suit.
Now, with the ruling in favor of plaintiffs, firms that are named as defendants in NYCAL cases are likely to be dismissed in a large percentage of their cases. This is because even if they get dismissed, they will be required to pay legal fees to defend a case they didn't deserve to be involved in.