New York Asbestos Litigation
New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma, a serious asbestos-related illness with a long period of latency, is the second most prevalent mesothelioma-related case in the United States in 2019.
Recent NYCAL decisions will have a profound impact on the defense of asbestos suits. These decisions could result in a significant number of summary judgment motions based on the defendant's fiber/cc tests and expert reports that put any respirable exposure under an ambient exposure threshold.
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 extremely expensive and expert witness costs make up a significant portion of the total costs. Both sides can spend hundreds hours preparing to question an expert. Experts can charge thousands of dollars per day. This is why it is essential for litigants to thoroughly research and vet potential experts prior to their appointment. Failure to do so can result in a sham 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 have developed asbestos-related illnesses, like mesothelioma, lung cancer, and so on. These workers can seek compensation from the companies who exposed them to asbestos attorneys.
Asbestos suits are commonplace in New York and the judges are knowledgeable about the issue. The courts, for example speed up trials for patients who are terminally ill and consolidate cases when necessary to reduce trial costs. The courts also examine their discovery procedures to ensure that they are effective and current.
In one notable case, Brown v. Weitz & Luxenberg in which the First Department held that conclusory statements of exposure cumulatively made by plaintiffs' experts were insufficient to establish the causality in an asbestos case. The case was re-argued by defendants, and a decision is expected soon.
The court's decision is expected to have a profound impact on asbestos litigation in New York. Mesothelioma lawyers have been bombarding television during the day with ads that encourage asbestos victims to file lawsuits, promising massive settlements. The niche litigation was especially lucrative for plaintiffs' lawyers who paid millions of referral fees to Sheldon Silver. Silver was recently found guilty of federal corruption charges in relation to the millions he earned by directing asbestos lawsuit cases to their firm.
In addition to these legal developments, New Yorkers should remain vigilant about possible asbestos exposure at work and in their communities. Asbestos-related lawsuits are on the rise, 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 settlement you deserve.
Asbestos exposure can cause serious diseases such as mesothelioma and lung cancer. These diseases are aggressive, and they have a long time to develop. This means that the victims might not be developing symptoms until 20 or 25 years following their first exposure. There are steps workers can take to avoid asbestos lawsuit exposure and a subsequent illness. Several major changes have occurred in the asbestos litigation landscape in recent years. 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 work at the law firm Weitz & Luxenberg. He made millions in 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 following reports that she had provided the "red carpet treatment" to asbestos claims brought by Weitz & Luxenberg. In the wake of this reshuffle Justice Peter Moulton has taken the reigns of NYCAL. His rulings have placed a heavy burden on defendants, making it nearly impossible for them to get summary judgment.
In Juni, the Court of Appeals gave NYCAL an ominous dose of reality, rejecting the theory of cumulative exposure 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 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 particular products that they were exposed to. In this ruling, 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 exposure to asbestos in the workplace.
Causation
The most significant challenge facing defendants in asbestos cases is the need to prove causation. It is generally accepted that a person's exposure to asbestos-containing materials can cause mesothelioma and various other diseases, however, the law requires plaintiffs to prove specific exposure to products manufactured by specific defendants in order to prevail on their claims.
This is a difficult standard to meet, particularly in NYCAL where a single judge oversees all NYC asbestos litigation. In the 16 years that have passed 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) ruling the testimony of an expert that a plaintiff "regularly" exposed himself to friction products containing asbestos was not enough to establish the requirement of specific causality under Nemeth.
Juni has placed a heavy burden on defendants and may oblige them to to settle their claims for less than what they are entitled to. A mesothelioma attorney in NYC can explain to you the benefits 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 state for mesothelioma lawsuits in the year 2019 and is responsible for about 6% of the national asbestos litigation. It is estimated that around 13,000 people have been diagnosed with mesothelioma within the state. The majority of patients were contractors or employees exposed to asbestos in industrial applications.
The signs of mesothelioma aren't typically apparent until between 25 and 50 years after the first exposure. Many asbestos victims are now battling to obtain the compensation they require to pay for medical expenses and lost wages, as well as loss of companionship and other damages.
It is crucial to file your mesothelioma suit in a timely fashion, but it is also essential to work with a mesothelioma lawyer who can assist you in seeking the most monetary restitution. Contact a mesothelioma lawyer from NYC today to set up a free no-obligation consultation. Your lawyer can help you determine if you are eligible to receive 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 could cover your medical bills, income loss from being unable, home care expenses as well as pain and suffering mental anxiety, loss of quality of life as well as funeral and burial costs. A seasoned New York mesothelioma attorney will investigate the responsible parties and collect evidence to support your claims. After that, your lawyer can bring a lawsuit in civil court before your state's statute of limitations runs out.
The courts are familiar with asbestos lawsuits, and they have dockets specifically designed to 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 risk of asbestos exposure and are trained to ensure justice is done.
According to a study conducted recently, New York City is the national center for asbestos litigation. Asbestos victims have received billions of dollars in settlements and verdicts. Mesothelioma is a deadly form of cancer is caused by asbestos fibers. It is a rare, incurable cancer. However lawsuits brought against companies that exposed workers to asbestos fibers have resulted in compensation for victims.
In addition to compensating victims of mesothelioma and other asbestos-related diseases These lawsuits are also aimed at securing the retribution of corporate wrongdoers. These lawsuits seek punitive damages awards in addition to compensatory damages. The lawsuits are meant to discourage the defendant from repeating the same conduct in the future.
The NYCAL decision gives defendants hope that they will stay clear of punitive damages. Previously, they had faced the prospect of massive judgments in these cases according to the popular belief that their conduct was so outrageous that they should be forced to pay punitive damages to prevent others from committing the same crime.
Now, with the ruling in favor of plaintiffs, firms named as defendants in NYCAL cases can expect to be dismissed in a significant portion of their cases. This is because even if they get dismissed, they'll need to incur legal costs to defend a case that they did not merit to be involved in.