New York Asbestos Litigation
New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma is a serious asbestos-related illness with prolonged latency.
Recent NYCAL decisions are expected to have a significant impact on the defense of asbestos lawsuits. These decisions will likely result in extensive summary judgment motion practice focusing on the defendant's fiber/cc test and expert reports that place any respirable exposure under the threshold of exposure to ambient air.
Expert Testimony
New York asbestos lawyers rely heavily on expert witness testimony to back their clients' claims. Asbestos litigation is expensive and expert witness fees account for a significant percentage of total case costs. Lawyers for both sides could spend hundreds of hours in preparation to question an expert, while experts can charge thousands of dollars per day. Therefore, it is crucial for litigants to research and vet potential experts prior to hiring them. In the absence of this, it could result in a shaky Daubert Challenge and lost cases.
New York has a rich industrial past, and a lot of workers have been exposed to asbestos that is toxic. Many of these workers developed asbestos-related diseases, including mesothelioma or lung cancer. They can seek compensation from the businesses who exposed them to asbestos.
Asbestos suits are commonplace in New York and the judges are familiarized with the issues. For example, the courts speed up trials for ill plaintiffs, and they often consolidate cases to reduce costs for trial. Additionally, courts regularly review their discovery procedures to ensure that they are current and efficient.
In a case that is notable, 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 case was re-argued by the defendants, and a decision is expected soon.
The court's decision is expected to have a significant impact on asbestos litigation in New York. Currently, specialized mesothelioma law firms saturate the daytime with commercials urging victims to bring asbestos lawsuits, promising huge settlements. The niche litigation has been 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 from directing asbestos cases to his firm.
New Yorkers must continue to be aware in their workplaces and in their communities regarding asbestos exposure. Asbestos lawsuits have been increasing and New York is among the the top jurisdictions for mesothelioma cases.
Summary Judgment
A New York asbestos lawyer can help you obtain the compensation you're due.
Asbestos exposure can lead to serious diseases, including mesothelioma and lung cancer. These are serious diseases and have a long latency time. This means that patients might not be developing symptoms until 20 or 25 years following their initial exposure. There are steps workers can take to prevent asbestos exposure and a subsequent illness. There have been a number of significant changes in the asbestos litigation landscape in recent years. The most significant change occurred in 2015, when New York's political establishment was shaken to the core by the conviction on federal corruption charges brought against former Assembly Speaker Sheldon Silver. Silver's convictions for corruption stemmed from his secretly working for the law firm of Weitz & Luxenberg, which was where he earned millions of dollars in referral fees for the firm.
The new Albany landscape has also been shaken by the courtroom political machinations of the NYCAL docket. Justice Sherry Klein Heitler was removed as the long-time director of NYCAL docket in 2021 amidst reports that she had provided the "red carpet treatment" to asbestos claims filed by Weitz & Luxenberg. Following this shakeup, Justice Peter Moulton has taken charge of NYCAL. His rulings have put a huge burden on defendants, making it almost impossible for them to obtain summary judgment.
In Juni the year 2003, the Court of Appeals gave NYCAL a hefty dose of reality, rejecting the theory of cumulative exposure that was a popular argument in the litigation. Instead, Baton Rouge asbestos attorney demanded that plaintiffs establish a specific causation using sufficient scientific proof from their experts. This ruling gives New York asbestos defense attorneys a powerful tool to defend against allegations of speculative and fraudulent claims.
In Reid in Reid Abex the Court of Appeals supported asbestos defense attorneys in their efforts to compel plaintiffs to prove a causal link between asbestos-related diseases and the products to which they were exposed. In this case plaintiffs are required to demonstrate that their asbestos-related condition was caused by specific friction materials or linings supplied by the defendant rather than general exposure to asbestos in the workplace.
Causation
The defendants must prove that asbestos contributed to the disease. There is a consensus that exposure to asbestos-containing substances can lead to mesothelioma or other illnesses. However the law requires plaintiffs to demonstrate specific exposure to the products produced by certain defendants to be considered valid.
This is a tough standard to meet, especially in NYCAL where only one judge oversees all NYC asbestos litigation. In the 16 years that have passed since Parker, New York courts struggle to apply the rules from that case. In 2016 the First Department in Matter of NYC Asbestos Litigation, (Juni) decided that an expert's evidence that a plaintiff "regularly" exposed himself to friction products that contained asbestos was not sufficient to prove specific causality under Nemeth.
Juni has placed a significant burden on defendants in NYCAL and may oblige them to settle their claims for less than what they are entitled to. An attorney for mesothelioma in NYC can explain the advantages of filing a suit and your options for financial restitution if you are diagnosed with mesothelioma or any other asbestos-related diseases.
New York State was the second most popular mesothelioma-related jurisdiction suits in 2019. It handled about 6% of the national asbestos litigation. It is estimated that around 13,000 patients have been diagnosed with mesothelioma within the state. Most of the victims are contractors or workers who were exposed to asbestos because it was being used in industrial applications.
The symptoms of mesothelioma don't typically apparent until between 25 and 50 years after the first exposure. Many asbestos sufferers are battling to obtain the compensation they require to cover medical costs as well as lost wages, loss of companionship, and other damages.
It is essential to file your mesothelioma lawsuit in a timely manner, but it is also important to consult a mesothelioma lawyer who can help you seek the highest amount of financial compensation. Contact a mesothelioma attorney from NYC to set up a free appointment, no-obligation. Your lawyer can help you determine your rights to financial restitution from an asbestos trust fund.
Damages
If you suffer from mesothelioma or a similar asbestos-related condition, a successful lawsuit could help your family recover losses. Compensation could cover your medical bills, income loss from being unable or take care of your home, pain and suffering, mental anguish, loss of quality of life, and funeral and burial expenses. An experienced New York asbestos lawyer will examine the parties responsible to collect evidence and support your claim. After this, your lawyer may start a civil lawsuit in court before the statute of limitations runs out.
The courts have dockets specialized for asbestos cases to streamline the process. They expedite trials for terminally-ill plaintiffs, and also group similar cases. In addition, the judges handling these cases are aware of the higher risks associated with asbestos exposure and are trained to ensure that justice is done.
According to a recent study, New York City is the national center for asbestos litigation. Asbestos-related victims have claimed billions of dollars in settlements and verdicts. Mesothelioma is a cancer that can be fatal that is caused by exposure to hazardous asbestos fibers. It is a rare, incurable illness, but lawsuits brought against companies who exposed workers to the cancer-causing substance have helped compensate victims for their suffering.
These lawsuits seek to punish corporate wrongdoers as well in compensating mesothelioma victims or other asbestos-related diseases. The lawsuits seek punitive damages which are awarded in addition to compensatory damages. The lawsuits are meant to deter the defendant from repeating the same conduct in the future.
However the NYCAL decision offers defendants a glimmer of hope in their battle to avoid punitive damages awards. Prior to this, they been facing the prospect of huge judgments in these cases, according to the popular belief 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, it is expected that many of the companies that were named as defendants will be disqualified. Even if they were dismissed but they'd still have to pay legal fees to defend a case that they didn't deserve to be in.