New York Asbestos Litigation
New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma is an asbestos-related disease that is serious and has long latency periods.
Recent NYCAL decisions are likely to have a major impact on the defense of asbestos lawsuits. These decisions could result in a significant number of summary judgment motions based upon the test results of the defendant's fiber/cc and expert reports that place any exposure that is deemed to be respirable under an exposure threshold in the ambient.
Expert Testimony
New York asbestos lawyers rely heavily on expert witness testimony to back their clients claim. Expert witness fees can make up a an enormous portion of total costs in asbestos litigation. Both sides can devote hundreds of hours in preparation to question an expert. Experts can charge thousands of dollars per day. It is therefore important that litigants study and evaluate potential experts prior to interviewing them. If they don't, it could result in a shaky Daubert Challenge and losing cases.
New York has a rich industrial past, and many workers have been exposed to toxic asbestos. Many of these workers have been diagnosed with asbestos-related diseases, such as mesothelioma and lung cancer. Those who have been affected by these diseases can recover compensation from the companies who exposed them to asbestos.
Asbestos suits are common in New York and the judges are knowledgeable about the issue. For example, the courts speed up trials for patients, and often combine cases 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 effective.
In a landmark case, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements of plaintiffs' experts did not suffice to prove the causality. The defendants appealed the case, and the decision is expected to be made soon.
The court's decision is likely to have an impact on asbestos litigation in New York. The mesothelioma lawyers are currently bombarding television during the day with ads that encourage victims to file asbestos suits, promising huge settlements. The niche litigation has proven particularly lucrative for plaintiffs' lawyers, who have paid millions of dollars in referral fees to former Assembly Speaker Sheldon Silver, who was recently convicted on federal corruption charges related to the millions of dollars he earned from directing asbestos cases to his firm.
New Yorkers must continue to be aware in their workplaces, and communities about asbestos exposure. Asbestos lawsuits are on the increase and New York is among the most sought-after jurisdictions for mesothelioma verdicts.
Summary Judgment
A New York asbestos attorney can assist you in obtaining the compensation that you deserve.
Asbestos exposure can cause serious diseases such as mesothelioma and lung cancer. These are serious diseases and have a long latency time. This means that victims might not be developing symptoms until 20 or 25 years after their first 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 a number of significant changes. In 2015, the political establishment in New York was shook to its foundation by the conviction of Sheldon S. Silver on federal charges of corruption. Silver's convictions for corruption stemmed from his shady work at the law firm Weitz & Luxenberg. He made millions of referral fees.
The courtroom politics on the NYCAL docket have also shaken the new Albany landscape. The longtime manager of the NYCAL docket, Justice Sherry Klein Heitler was replaced in 2021 following reports that she gave 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 rulings have made it more difficult for defendants to obtain summary judgement.
In Juni, the Court of Appeals dealt NYCAL a harsh dose of reality, rejecting the cumulative-exposure theory that had become fashionable in the litigation, and insisting that plaintiffs prove specific causation by proving it through scientific evidence from their experts. This decision provides New York asbestos defense attorneys the ability to defend against allegations of speculative and fraudulent claims.
In Reid in Reid Abex, the Court of Appeals also gave asbestos defense lawyers support for their efforts to require plaintiffs to establish the existence of a specific causal connection between their asbestos-related disease and the specific substances 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 workplace exposure to asbestos.
Causation
The defendants must prove that asbestos caused the disease. The general consensus is that exposure to asbestos-containing substances can cause mesothelioma or other illnesses. However, the law requires plaintiffs demonstrate specific exposure to the products made by certain defendants to be successful.
This is a challenging standard to meet, particularly in NYCAL where a single judge manages the entire NYC asbestos litigation. In the 16 years since Parker, New York courts have been unable to apply the principles of the case. In 2016, the First Department in Matter of NYC Asbestos Litigation, (Juni) decided that an expert's evidence that plaintiff "regularly" exposed himself to friction products containing asbestos was not sufficient to satisfy specific causality under Nemeth.
Juni has imposed a substantial burden on defendants in NYCAL and may make them settle their claims for less than what they are entitled to. A mesothelioma attorney in NYC can explain the advantages of filing a suit and your options for restitution financial if you're diagnosed with mesothelioma or any other asbestos-related illnesses.
New York state was the second most popular state for mesothelioma lawsuits in the year 2019, and it handles 6% of national asbestos litigation. Up to 13,000 people are estimated to have been diagnosed with the disease in New York. The majority of those affected were contractors or employees who were exposed to asbestos because it was used in industrial applications.
Symptoms of mesothelioma are not usually evident until 25 to 50 years after the first exposure. Many asbestos victims are fighting to get the compensation they deserve to cover medical expenses, lost wages and companionship loss, among other damages.
While it is crucial to file a mesothelioma lawsuit promptly, it is also crucial to work with an experienced mesothelioma lawyer who can help you obtain the maximum financial restitution possible. Call a mesothelioma attorney in NYC to set up a no-cost, no-obligation appointment. Your attorney can discuss your eligibility for financial compensation from an asbestos trust fund.
Damages
If you're suffering from mesothelioma or a similar asbestos-related condition, a successful lawsuit could pay for the losses of your family. Compensation can cover medical bills, lost wages due to inability to work, home care expenses, mental stress and suffering, loss of quality funeral and burial costs, and other costs. Rio Rancho asbestos attorney experienced New York mesothelioma attorney will examine the parties responsible and collect 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 they have dockets that are specifically designed to simplify the process. They speed up trials for terminally ill plaintiffs, and group similar cases. The judges handling these cases are 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 nation's hub for asbestos litigation. Asbestos victims have claimed billions of dollars in settlements and verdicts. Mesothelioma is a fatal cancer caused by exposure to harmful asbestos fibers. It is a rare and incurable disease, but lawsuits against companies that exposed workers to asbestos cancer-causing substance have aided in compensating victims for their suffering.
These lawsuits aim to penalize corporate wrongdoers as in compensating mesothelioma victims or other asbestos-related illnesses. The lawsuits seek punitive damages which are given in addition to compensatory damages. The lawsuits are meant to deter the defendant from engaging in similar behavior in the future.
However, the NYCAL decision provides defendants with an opportunity to win their battle to stay clear of punitive damages. Previously, they had faced the prospect of massive judgments in these cases with the prevailing theory that their conduct was so egregious that they should be forced to pay punitive damages in order to discourage others from following their lead.
With the decision in favor of plaintiffs, firms named as defendants in NYCAL cases are likely to be dismissed in a large portion of their cases. This is because even if they're dismissed, they will still have to spend money on legal costs to defend a case that they didn't deserve to be involved in.