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 period of latency, is the second most common mesothelioma-related case in the United States in the year 2019.
Recent NYCAL decisions will have a profound effect on the defense of
asbestos lawsuit lawsuits. These decisions could result in a significant number of summary judgment motions based upon the asbestos defendant's tests for fiber/cc as well as expert reports that place any exposure that can be deemed respirable below an exposure threshold for ambient conditions.
Expert Testimony
New York
asbestos attorneys rely heavily on the testimony of experts to support their client's claims. Expert witness fees can account for an enormous portion of total cost of asbestos litigation. Lawyers for both sides can spend a lot of time prepping to interview an expert, and experts can charge thousands of dollars per day. It is therefore important that litigants study and evaluate potential experts prior to contacting them. Failure to do this could result in a failure of the Daubert challenge and lost cases.
New York has a rich industrial past, and many workers have been exposed to asbestos that is toxic. Many of these workers have developed asbestos-related diseases, such as mesothelioma, lung cancer, and so on. Those who have been affected by these diseases can recover compensation from the companies who exposed them to asbestos.
Asbestos lawsuits are a common occurrence in New York, and judges are familiar with the issues that arise. The courts, for instance, expedite trials in cases of terminally ill plaintiffs and consolidate cases when necessary to cut down on the cost of trial. Additionally the courts are regularly reviewing their discovery procedures to ensure they are up-to-date and efficient.
In one case of note, Brown v. Weitz & Luxenberg in which the First Department held that conclusory statements of exposure cumulatively made by plaintiffs experts were not sufficient to establish the causality in an asbestos case. The case was then appealed by defendants, and a ruling is expected soon.
The court's decision is expected to have a major impact on asbestos litigation in New York. The mesothelioma lawyers are currently bombarding television during the day with ads that urge victims to file asbestos lawsuits, 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 convicted on federal corruption charges relating to the millions of dollars he made from directing asbestos cases to his firm.
New Yorkers should continue to be vigilant in their workplaces and in their communities regarding asbestos exposure. Asbestos-related lawsuits are on the rise and New York is one of the top jurisdictions for mesothelioma cases.
Summary Judgment
A New York
asbestos lawyer can help you obtain the compensation you're due.
Asbestos exposure could lead to serious illnesses like mesothelioma and lung cancer. These illnesses are extremely serious and have a long period of latency which means that patients may only have begun suffering from symptoms as recently as 20 or 25 years after the initial exposure. There are steps that workers can take to protect themselves against asbestos exposure and avoid a recurrence of 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 for federal corruption charges. Silver's corruption convictions stemmed from a secretly working at the law firm of Weitz & Luxenberg, which was where he earned millions of dollars in referral fees for the firm.
The courtroom politics on the NYCAL docket have also shaken the new Albany landscape. The long-time head of the NYCAL docket, Justice Sherry Klein Heitler was replaced in 2021 amid reports that she provided the "red-carpet treatment" to asbestos cases brought by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the aftermath of the shake-up. His rulings have made it difficult for defendants to obtain summary judgement.
In Juni, the Court of Appeals dealt NYCAL a harsh dose of reality, renouncing the cumulative exposure theory that had become fashionable in the litigation, and insisting that plaintiffs prove specific causation by proving it through scientific explanation by their experts. This ruling provides New York
asbestos attorneys a strong argument against claims that claim they are false or speculative.
In Reid In Reid Abex the Court of Appeals supported asbestos defense lawyers in their efforts to compel plaintiffs to prove a causal connection between asbestos-related diseases and the products to which they were exposed. This decision imposes plaintiffs with the obligation to establish that their disease was caused by the specific friction materials and linings which were supplied by the defendant, and not general exposure to asbestos in the workplace.
Causation
The most difficult challenge facing asbestos defendants is the need to prove causation. The consensus is that exposure to asbestos-containing materials can lead to mesothelioma or other diseases. However the law requires plaintiffs to be able to prove specific exposure to certain products manufactured by certain defendants to be successful.
This is a difficult standard to meet, especially in NYCAL where a single judge oversees the entire NYC asbestos litigation. In the 16 years since Parker, New York courts struggle to apply the rules from the case. In 2016, for example the First Department in Matter of NYC Asbestos Litigation (Juni) decided that a plaintiff's expert declaration that he "regularly exposed" himself to asbestos-containing friction products was not sufficient under Nemeth to establish a specific causality.
Juni has put a huge burden on defendants in NYCAL and could oblige them to settle their claims at a lower amount than they are entitled to. An attorney for mesothelioma in NYC will explain the benefits of filing a suit and your options for restitution financial if you're diagnosed with mesothelioma, or other asbestos-related diseases.
New York State was the second-most popular jurisdiction for mesothelioma suits in the year 2019. It was the sole handler of 6% of all asbestos litigation in the nation. Around 13,000 people have been diagnosed with the disease in New York. Most of the victims were contractors or employees exposed to asbestos in industrial applications.
The symptoms of mesothelioma don't typically apparent until between 25 and 50 years after the first exposure. Many asbestos patients are battling to obtain the compensation they require to cover medical costs, lost wages, loss of companionship and other damages.
While it is important to file a mesothelioma lawsuit promptly however, it is equally important to consult with a knowledgeable mesothelioma lawyer who can help you pursue the maximum amount of financial restitution that is possible. Contact a mesothelioma lawyer from NYC today to set up a free, no-obligation consultation. Your lawyer can help you determine your eligibility for financial compensation from an asbestos trust fund.
Damages
If you're suffering from mesothelioma or another asbestos-related disease A successful lawsuit could compensate your family's losses. Compensation could cover your medical bills, lost income from being unable to work and home care expenses as well as pain and suffering mental anguish and loss of quality of life, and funeral and burial expenses. A seasoned New York asbestos lawyer will investigate the responsible parties to gather evidence and prove your claim. After this, your lawyer may bring a lawsuit in civil court before the statute of limitations expires.
The courts have dockets specialized for asbestos cases in order to speed up the process. They expedite trials for terminally-ill plaintiffs and group similar cases. In addition the judges who handle these cases are aware of the heightened risks associated with asbestos exposure and are trained to ensure justice is done.
According to a study that was conducted recently, New York City is the main hub in the country for asbestos litigation. Asbestos victims have received billions of dollars in settlements and verdicts. Mesothelioma is a fatal cancer that is caused by exposure to hazardous asbestos fibers. It is a rare, incurable type of cancer. However, lawsuits filed against companies that exposed workers to asbestos fibers have resulted in compensation for victims.
In addition to compensating the victims of mesothelioma as well as other asbestos-related diseases, these lawsuits are aimed at securing the retribution of corporate wrongdoers. These lawsuits seek punitive damages awards that are in addition to compensatory damages. The intent of the lawsuits is to discourage the defendant from repeating the same conduct in the future.
The NYCAL decision gives defendants hope that they will avoid punitive damage awards. They were in danger of large judgments in the past on the basis that their conduct had been so indecent that they should pay punitive damages to deter other people from following their example.
With the decision in favor of plaintiffs, it is likely that many of the businesses that were named as defendants will be reprimanded. Even if they are dismissed but they'd still have to pay legal fees to defend a case they did not deserve to be involved in.