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 long latency periods.
Recent NYCAL decisions are likely to have a significant impact on the defense of asbestos lawsuits. These decisions will likely result in extensive summary judgment motions focusing on the defendant's fiber/cc tests and expert reports putting any respirable exposure below 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. Expert witness fees can be a a large percentage of the total costs in asbestos litigation. Both sides can spend hundreds hours preparing to question an expert. Experts can charge thousands of dollar per day. Therefore, it is important for litigants to carefully research and vet potential experts prior to their appointment. Failure to do this could result in a sham Daubert contest and a loss of cases.
New York has a rich industrial history, and many workers have been exposed to toxic asbestos. Many of these workers developed
asbestos attorney-related diseases, including mesothelioma or lung cancer. Those who have suffered from these conditions are entitled to compensation from companies that exposed them to asbestos.
Asbestos lawsuits are an everyday occurrence in New York, and judges are familiar with the issues involved. For instance, courts expedite trials for terminally ill plaintiffs, and they often combine cases to cut down on trial expenses. The courts also regularly review their discovery process to ensure that it is effective and up-to-date.
In one notable case, Brown v. Weitz & Luxenberg, the First Department held that conclusory statements on exposure cumulatively made by plaintiffs experts were not sufficient to establish the causality in an asbestos case. The case was re-argued by defendants, and a ruling is expected to be issued soon.
The court's decision is expected to have a significant impact on asbestos litigation in New York. At present, mesothelioma lawyer firms pepper daytime TV with advertisements urging people to file asbestos lawsuits, promising giant settlements. The niche litigation was especially lucrative for plaintiffs' attorneys who paid millions in referral fees to Sheldon Silver. Silver was recently found guilty of federal corruption charges relating to the millions he earned by the asbestos cases he directed to their firm.
In addition to these legal developments, New Yorkers must remain aware of the possibility of asbestos exposure in their workplaces and communities. Asbestos lawsuits are on the increase, and New York is among the top jurisdictions for mesothelioma cases.
Summary Judgment
A New York
asbestos lawyer can help you obtain the compensation you're entitled to.
Asbestos exposure could lead to serious diseases like mesothelioma and lung cancer. These diseases are aggressive and have a long time of latency which means that the victims could be experiencing symptoms as recently as 20 or 25 years after their initial exposure. There are steps that workers can take to reduce the risk of asbestos exposure and a subsequent illness. In recent years, the asbestos litigation landscape has undergone several significant changes. The most significant development came in 2015, when New York's political establishment was shaken to its foundation following the conviction on federal corruption charges against the former Assembly Speaker Sheldon Silver. Silver's corruption convictions stemmed from a secret moonlighting 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 impacted the new Albany landscape. Justice Sherry Klein Heitler was removed as the long-time director of the NYCAL docket in 2021 amid reports that she'd given the "red carpet treatment" to asbestos claims filed by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the following shake-up. His decisions have made it more difficult for defendants to obtain summary judgment.
In Juni the year 2003, the Court of Appeals dealt NYCAL with a brutal dose of reality, renouncing the cumulative exposure theory that had become fashionable in the litigation and insisting that plaintiffs prove the causation of their claims with sufficient scientific explanation by their experts. This ruling gives New York
asbestos lawyer defense attorneys an effective tool to defend against allegations of fraudulent and speculative claims.
In Reid v Abex the Court of Appeals supported asbestos defense lawyers in their efforts to force plaintiffs to prove a causal connection between asbestos-related diseases and products to which they were exposed. In this ruling plaintiffs are required to prove that their asbestos-related illness was caused by specific friction materials or linings provided by the defendant rather than general exposure to asbestos in the workplace.
Causation
The defendants will have to prove that asbestos contributed to the disease. It is generally accepted that a person's exposure to
asbestos Lawsuit-containing substances causes mesothelioma and various other illnesses, but the law requires plaintiffs to prove specific exposure to certain products made by particular defendants to prevail on their claims.
This is a difficult standard to meet, particularly in NYCAL where a single judge manages the entire NYC asbestos litigation. In the 16 years since the decision of Parker, New York courts have struggled to apply the principles outlined in this case. In 2016, for instance 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 satisfy a specific causality.
Juni has placed a significant burden on defendants, and could oblige them to to settle their claims for a lower amount than what 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 are diagnosed with mesothelioma, or other asbestos-related diseases.
New York State was the second most popular state for mesothelioma suits in 2019. It handled 6% of all asbestos litigation across the country. It is estimated that as many as 13,000 people have been diagnosed with mesothelioma within the state. Most of the victims are contractors or workers who were exposed to asbestos as it was being employed in industrial applications.
The signs of mesothelioma typically are not evident until the age of 25 to 50 years after initial exposure. Many asbestos sufferers are fighting to get the compensation they need to pay for medical expenses and lost wages, as well as loss of companionship and other losses.
It is crucial to file your mesothelioma claim promptly, but it is also vital to work with mesothelioma lawyers who can help you seek the highest amount of financial compensation. Call a mesothelioma attorney in NYC to set up a no-cost appointment that is no-obligation. Your lawyer can help you determine your rights to financial compensation 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 cover your medical bills, income loss from being unable to work, home care expenses as well as pain and suffering mental anxiety, 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. Your lawyer can then start a civil lawsuit before the statute of limitations expires in your state.
The courts are familiar with asbestos lawsuits, and they have specialized dockets to help simplify the process. They expedite trials for terminally-ill plaintiffs, and group similar cases. Judges who handle these cases have been trained to ensure justice and are aware of the increasing dangers associated with asbestos.
According to a study that was conducted recently, New York City is the national hub for
asbestos lawyers litigation. Asbestos victims received billions in settlements and verdicts. Mesothelioma is a deadly cancer that is caused by exposure to hazardous asbestos fibers. It is an uncommon, incurable cancer. However, lawsuits filed against companies that exposed workers to asbestos fibers have led to compensation for victims.
In addition to remunerating the victims of mesothelioma and the other asbestos-related illnesses the lawsuits aim at punishing corporate wrongdoers. These lawsuits seek punitive damage awards, which are in addition to compensatory damages. They are intended to discourage the defendant's behavior in the future, and discourage others from engaging in the same course of action.
The NYCAL decision gives defendants hope that they can stay clear of punitive damages. Prior to this, they been facing the prospect of huge judgments in these cases, with the prevailing theory that their conduct was so outrageous that they had to pay punitive damages to deter others from committing the same crime.
With the ruling in favor plaintiffs, it is likely that a lot of the companies that were named as defendants will be dismissed. Even if they are dismissed however, they will still need to pay legal fees to defend a case they didn't deserve to be in.