New York Asbestos Litigation
New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma is a very serious asbestos-related disease with a long latency is the second most frequent mesothelioma-related case in the United States in the year 2019.
Recent NYCAL decisions are expected to have a major impact on the defense of asbestos lawsuits. These decisions are likely to result in a significant number of summary judgment motions based on defendant's fiber/cc tests and expert reports that place any exposure that can be deemed respirable below an ambient exposure threshold.
Expert Testimony
New York asbestos lawyers rely heavily on expert witness testimony to back their clients their claims. Asbestos litigation can be extremely expensive and expert witness costs make up a significant portion of the total costs. Both sides can devote hundreds of hours preparing to question an expert. Experts can charge thousands of dollars per day. Therefore, it is essential that litigants study and evaluate potential experts in advance. Failure to do this can result in a failure of the Daubert Challenge and losing cases.
New York has had a long industrial history. Many workers were exposed to asbestos. Many of these workers have developed asbestos-related diseases, including mesothelioma or lung cancer. Those who have suffered from these conditions can seek compensation from the companies that exposed them to asbestos.
Asbestos suits are quite common in New York and the judges are familiarized with the issues. The courts, for example speed up trials in cases of terminally ill plaintiffs and consolidate cases when necessary to reduce trial costs. In addition courts frequently review their discovery procedures to ensure they are current and efficient.
In one case of note, Brown v. Weitz & Luxenberg, the First Department held that conclusory statements on exposure cumulatively made by the plaintiffs' experts were insufficient to establish causation in an asbestos case. The case was then appealed by the defendants, and a ruling is expected soon.
The court's decision is likely to have a major impact on asbestos litigation in New York. Mesothelioma lawyers have been bombarding the daytime TV with ads that encourage victims to file asbestos suits, promising huge settlements. The niche litigation was particularly lucrative for plaintiffs' lawyers who paid millions of referral fees to Sheldon Silver. Silver was recently convicted of federal corruption charges relating to the millions he made by directing asbestos cases to their firm.
New Yorkers should continue to be vigilant in their workplaces and communities to avoid asbestos exposure. asbestos law & litigation have been on the rise and New York is one of the top jurisdictions for mesothelioma cases.
Summary Judgment
A New York asbestos lawyer can assist you in obtaining the settlement you're entitled to.
Asbestos exposure can lead to serious diseases such as mesothelioma or lung cancer. These diseases are aggressive and have a long period of latency. This means that patients might not be experiencing symptoms until twenty or 25 years after the initial exposure. There are ways for workers to protect themselves against asbestos exposure and avoid future illness. In recent years the asbestos litigation landscape has seen major changes. The most significant development came in 2015 when the political establishment was shaken to the foundation following the conviction on federal corruption charges of the former Assembly Speaker Sheldon Silver. Silver's convictions for corruption stemmed from his secretly working 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 long-time supervisor of the NYCAL docket, Justice Sherry Klein Heitler was replaced in 2021 amid reports that she had given the "red-carpet treatment" to asbestos cases filed by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the aftermath of the shake-up. His decisions have made it more difficult for defendants to obtain the benefit of a summary judgement.
In Juni the year 2003, the Court of Appeals gave NYCAL an ominous dose of reality, rejecting the cumulative exposure theory that was a popular argument in the litigation. Instead it required that plaintiffs establish specific causality with enough scientific evidence from their experts. This ruling gives New York asbestos attorneys a powerful weapon to defend against allegations that claims are speculative or fraudulent.
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 diseases and products to which they were exposed. In this case plaintiffs must demonstrate that their asbestos-related condition was caused by specific friction materials or linings offered by the defendant, rather than general workplace exposure to asbestos.
Causation
The defendants will have to prove that asbestos contributed to the disease. It is generally accepted that a person's exposure to asbestos-containing substances can cause mesothelioma and other diseases, however, the law requires plaintiffs to prove specific exposure to certain products made by particular defendants to prevail on their claims.
This is a challenging standard to meet, particularly in NYCAL where a single judge oversees all NYC asbestos litigation. In the 16 years since Parker, New York courts struggle to apply the rules from the case. In 2016, for instance the First Department in Matter of NYC Asbestos Litigation (Juni) ruled that a plaintiff's expert evidence that he "regularly exposed" himself to friction products containing asbestos was not sufficient under Nemeth to establish a specific causality.
Juni has imposed a substantial burden on defendants in NYCAL and could force them to settle their claims at a lower amount than they are entitled to. A mesothelioma lawyer in NYC will explain the benefits of filing a suit and the options for financial restitution if you are diagnosed with mesothelioma or any other asbestos-related diseases.
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 patients have been diagnosed with mesothelioma in the state. The majority of patients were workers or contractors exposed to asbestos in industrial settings.
The symptoms of mesothelioma don't typically evident until between 25 and 50 years after exposure. Many asbestos victims are now battling to obtain the compensation they require to pay for medical expenses, lost wages, loss of companionship and other damages.
It is essential to file your mesothelioma suit in a timely manner, but it is also vital to work with a mesothelioma lawyer who can assist you in obtaining the most monetary restitution. Contact a mesothelioma lawyer in NYC today to schedule a free, no-obligation consultation. Your attorney will be able to discuss your eligibility for financial compensation from an asbestos trust fund.
Damages
If you suffer from mesothelioma or another asbestos-related disease, a successful lawsuit could pay your family members for their losses. Compensation could pay for medical bills, lost income due to being unable to work or take care of your home, 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 gather evidence to support your claims. Your lawyer can then bring a civil suit before the statute of limitations expires in your state.
The courts are well-versed in asbestos lawsuits, and have dockets specifically designed to speed up the process. They accelerate trials for plaintiffs with terminal illnesses and group similar cases together. The judges who are handling these cases have been instructed to ensure justice and are aware of the higher risks associated with asbestos.
According to a research 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 cancer that can be fatal caused by exposure to harmful asbestos fibers. It is a rare and incurable illness, but lawsuits brought against companies who exposed workers to the cancer-causing substance have aided in compensating victims for their suffering.
These lawsuits aim to penalize corporate wrongdoers as indemnizing victims of mesothelioma or other asbestos-related illnesses. The lawsuits seek punitive damages which are given in addition to compensatory damages. They are designed to deter the defendant's actions in the future and discourage others from taking part in a similar course of action.
However the NYCAL decision provides defendants with a glimmer of hope in their fight to avoid punitive damages awards. They faced the prospect of massive judgments in the past on the basis that their conduct was so egregious, that they had to pay damages for punitive harm to discourage others from committing the same offense.
With the decision in favor of plaintiffs, businesses named as defendants in NYCAL cases can expect to be dismissed in a substantial proportion of their cases. This is because, even if they are dismissed, they'll need to incur legal fees to defend a case that they did not merit to be involved in.
