New York Asbestos Litigation
New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma is a serious asbestos-related cancer with a long latency, is the second most prevalent mesothelioma patient in the country in the year 2019.
Recent NYCAL decisions will have a profound impact on the defense of asbestos suits. These decisions are likely to result in a number of summary judgment motions based upon the asbestos defendant's tests for fiber/cc as well as expert reports that put any exposure that can be deemed respirable below an exposure threshold in the ambient.
Expert Testimony
New York asbestos attorneys rely heavily on the testimony of expert witnesses to prove their clients' claims. Asbestos litigation can be extremely expensive, and expert witness fees account for a significant percentage of the total costs. Lawyers on both sides could spend a lot of time in preparation to question an expert, while experts can charge thousands of dollars per day. This is why it is crucial for litigants to carefully examine and verify potential experts in advance. If they don't, it could result in a failure of the Daubert Challenge and losing cases.
New York has a rich industrial past, and a lot of workers have been exposed to asbestos, which is toxic. Many of these workers developed asbestos lawsuit-related illnesses, like mesothelioma, lung cancer, and so on. Those who have suffered from these ailments can seek compensation from the companies who exposed them to asbestos.
Asbestos lawsuits are a regular in New York, and judges are familiar with the issues that arise. For instance, the courts speed up trials for patients, and often consolidate cases to lower trial expenses. In addition the courts are regularly reviewing their discovery procedures to make sure they are up-to-date and efficient.
In one notable case, Brown v. Weitz & Luxenberg, the First Department held that conclusory cumulative exposure statements by the plaintiffs experts were not sufficient to establish causation in an asbestos case. The defendants filed an appeal and the decision is expected to be made soon.
The court's decision is likely to have a profound impact on asbestos litigation in New York. The mesothelioma lawyers are bombarding daytime television with commercials that urge victims to file asbestos suits, promising huge settlements. The niche litigation has proven particularly lucrative for plaintiffs' attorneys who have repaid millions of dollars in referral fees to former Assembly Speaker Sheldon Silver, who was recently found guilty of federal corruption charges that relate 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 aware of the possibility of asbestos exposure in their work environments and communities. Asbestos lawsuits are on the increasing and New York is among the most sought-after 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 like mesothelioma and lung cancer. These diseases are extremely serious, and they have a long period of latency. This means that victims may not be suffering from symptoms until 20 or 25 years following the initial exposure. There are steps that workers can take to prevent asbestos exposure and the development of a future illness. A number of major changes have taken place in the asbestos litigation landscape in recent years. The most significant change occurred in 2015 when the political establishment was shaken to the foundation following the conviction on federal corruption charges of former Assembly Speaker Sheldon Silver. Silver's corruption convictions stemmed from a secret moonlighting at the law firm of Weitz & Luxenberg, which employed him to earn millions of dollars in referral fees for the firm.
The courtroom politics on the NYCAL docket have also shaken up the new Albany landscape. The longtime manager of the NYCAL docket, Justice Sherry Klein Heitler was sacked in 2021 amidst reports that she provided the "red-carpet treatment" to asbestos cases filed by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the wake of this shake-up. His rulings have made it more difficult for defendants to get summary judgment.
In Juni, the Court of Appeals gave NYCAL a hefty dose of reality by denying the cumulative exposure theory that was popular in the litigation. Instead, it demanded that plaintiffs establish specific causation with sufficient scientific expression from their experts. This ruling gives New York asbestos attorneys a powerful weapon to defend against claims that claim to be fraud or speculative.
In Reid v. Abex, the Court of Appeals also gave asbestos defense attorneys a boost in their efforts to require plaintiffs to prove that there is a causal link between their asbestos-related condition and the specific substances they were exposed to. This decision imposes plaintiffs with the obligation to prove that their illness 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 defendants will need to prove that asbestos contributed to the disease. The general consensus is that exposure to asbestos-containing materials can cause mesothelioma or other illnesses. However, the law requires plaintiffs prove specific exposure to products made by certain defendants in order to be successful.
This is a difficult standard to achieve, particularly in NYCAL where only one judge oversees all NYC asbestos litigation. In the 16 years since Parker, New York courts struggle to apply the principles from the case. In 2016, for example, the First Department in Matter of NYC Asbestos Litigation (Juni) ruled that a plaintiff's expert testimony that he "regularly exposed" himself to asbestos-containing friction products was not sufficient under Nemeth to establish a specific causation.
Juni has placed a significant burden on defendants and may oblige them to settle their claims at a lower amount than they are entitled. A mesothelioma lawyer in NYC can explain to you the benefits of filing suit and your options for 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 handles about 6% of the national asbestos litigation. Up to 13,000 people have been diagnosed with the disease in New York. The majority of patients were workers or contractors exposed to asbestos in industrial applications.
The symptoms of mesothelioma don't typically evident until between 25 and 50 years after the initial exposure. Many asbestos victims are fighting for the compensation they require for medical expenses, lost wages and companionship loss, in addition to other damages.
It is important to file your mesothelioma claim in a timely fashion however, it is important to consult mesothelioma lawyers who can assist you in seeking the maximum financial restitution. Contact a mesothelioma attorney from NYC to set up a no-cost, no-obligation appointment. Your lawyer can help determine if you're eligible to receive financial compensation from an asbestos trust.
Damages
If you suffer from mesothelioma or another asbestos-related illness, a successful lawsuit may compensate your family for your losses. Compensation could pay for medical bills, lost income from being unable and home care expenses as well as pain and suffering mental anxiety and loss of quality of life, and funeral and burial costs. A seasoned New York asbestos lawyer will look into the responsible parties to gather evidence and support your claim. After this, your lawyer may file a lawsuit in civil court before the state's time limit expires.
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 risks associated with asbestos.
According to a study conducted recently, New York City is the nation's hub for asbestos litigation. Asbestos victims received billions in settlements and verdicts. Mesothelioma is a deadly form of cancer, is caused by asbestos fibers. It is a rare, incurable cancer. However lawsuits filed against companies that exposed workers to asbestos fibers have led to compensation for victims.
These lawsuits seek to penalize corporate wrongdoers as in compensating mesothelioma victims or other asbestos-related diseases. These lawsuits seek punitive damages awards, which are in addition to compensatory damages. They are intended to deter the defendant's actions in the future, and discourage others from engaging in a similar course of action.
The NYCAL decision gives defendants the chance to avoid punitive damages. In the past, they faced the prospect of massive judgments in these cases according to the prevalent view that their conduct was so indefensible that they must pay punitive damages to prevent others from following their lead.
With the ruling in favor plaintiffs, it is expected that many of the companies that were named as defendants will be dismissed. Even if they were dismissed however, they will still need to pay legal fees to defend a case that they didn't deserve to be involved in.