New York Asbestos Litigation
New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma is a very serious asbestos-related illness with a long latency period is the second most common mesothelioma patient in the country in 2019.
Recent NYCAL decisions are likely to have a profound impact on the defense of asbestos lawsuits. These decisions will likely 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 put any exposure that can be deemed respirable below an ambient exposure threshold.
Expert Testimony
New York asbestos attorneys rely heavily on the testimony of experts to back up their client's claims. Expert witness fees can account for significant proportion of total cost of asbestos litigation. Both sides can devote hundreds of hours preparing to question an expert. Experts can charge thousands of dollar per day. This is why it is essential for litigants to thoroughly study and evaluate potential experts prior to hiring them. Failure to do so can result in a sham Daubert challenge or losing cases.
New York has had a long history of industrialization. Many workers were exposed to asbestos. Many of these workers have suffered asbestos-related illnesses, such as mesothelioma as well as lung cancer. They may claim compensation from the companies who exposed them to asbestos.
Asbestos suits are quite common in New York and the judges are familiarized with the issues. The courts, for instance speed up trials in cases of seriously ill plaintiffs and combine cases when necessary to reduce trial costs. In addition, courts regularly review their discovery procedures to ensure that they are up-to-date and effective.
In a case that is notable, 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 a decision is expected in the near future.
The court's decision is expected to have a profound impact on asbestos litigation in New York. The mesothelioma lawyers are currently bombarding television during the day with ads which urge victims to file asbestos lawsuits, promising huge settlements. The niche litigation has proven particularly lucrative for plaintiffs' attorneys who have repaid millions of dollars in referral fees to former Assembly Speaker Sheldon Silver, who was recently convicted on federal corruption charges that relate to the millions of dollars he earned from directing asbestos cases towards his firm.
New Yorkers should be vigilant in their workplaces and communities to avoid asbestos exposure. Asbestos lawsuits are on the rise and New York is among the the top jurisdictions for mesothelioma cases.
Summary Judgment
A New York asbestos lawyer can assist you in obtaining the settlement you deserve.
Asbestos exposure could lead to serious diseases like mesothelioma or lung cancer. These diseases are extremely serious and have a long latency time. This means that the victims may not have started experiencing symptoms until 20 or 25 years after their initial exposure. There are steps workers can take to avoid asbestos exposure and future disease. In recent years the asbestos litigation landscape has seen significant changes. The most significant change came in 2015 when the political establishment was shaken to the foundation following the conviction on federal corruption charges against the former Assembly Speaker Sheldon Silver. Silver's convictions for corruption were a result of his covert employment at the law firm Weitz & Luxenberg. He used this to earn millions of referral fees.
The new Albany landscape is also impacted by the courtroom political machinations of the NYCAL docket. Justice Sherry Klein Heitler was removed as the long-time manager of the NYCAL docket in 2021 amid reports that she'd given the "red carpet treatment" to asbestos claims brought by Weitz & Luxenberg. In asbestos defense litigation of this reshuffle Justice Peter Moulton has taken the charge of NYCAL. His rulings have placed a heavy burden on defendants, making it nearly impossible for them to get summary judgment.
In Juni the year 2003, the Court of Appeals dealt NYCAL with a savage dose of truth, rejecting the cumulative exposure theory that had become fashionable in the litigation, and insisting that plaintiffs prove the causation of their claims with sufficient scientific evidence from their experts. This decision gives New York asbestos defense attorneys a powerful tool to defend against claims of fraudulent and speculative claims.
In Reid v Abex the Court of Appeals supported asbestos defense attorneys in their efforts to require plaintiffs to establish a causal connection between asbestos-related diseases and the products to which they were exposed. In this case, plaintiffs are required to prove that their asbestos-related illness was caused by specific friction materials or linings supplied by the defendant rather than general workplace exposure to asbestos.
Causation
The biggest challenge for defendants in asbestos cases is the need to prove that there is a causal link. It is generally accepted that exposure to asbestos-containing materials is a cause of mesothelioma and other diseases, but the law requires plaintiffs to prove specific exposure to certain products made by specific defendants in order to prevail on their claims.
This is a difficult standard to achieve, particularly in NYCAL where only one judge oversees all NYC asbestos litigation. In the 16 years since Parker, New York courts have struggled to apply the principles from that case. In 2016, for example the First Department in Matter of NYC Asbestos Litigation (Juni) decided that a plaintiff's expert evidence that he "regularly exposed" himself to friction products containing asbestos was not sufficient under Nemeth to satisfy a specific causation.
Juni has placed a huge burden on defendants and could make them to settle their claims for less than they are entitled. A mesothelioma lawyer from NYC can explain the advantages of filing a suit and the options to receive financial compensation if you have been diagnosed with mesothelioma.
New York State was the second most popular mesothelioma-related jurisdiction suits in 2019. It was the sole handler of 6percent of all asbestos litigation in the nation. Up to 13,000 people are estimated to have been diagnosed with the disease in New York. The majority of the victims were contractors or employees who were exposed to asbestos because it was being employed in industrial applications.
The signs of mesothelioma generally do not appear until 25 to 50 years after the initial exposure. Many asbestos sufferers are fighting for the compensation they need to cover medical expenses as well as lost wages, loss of companionship and other losses.
It is crucial to file your mesothelioma claim promptly, but it is also essential to work with an attorney for mesothelioma who can assist you in obtaining the most monetary restitution. Call a mesothelioma attorney in NYC to set up a no-cost, no-obligation appointment. Your lawyer can help you determine if you are qualified for financial compensation from an asbestos trust.
Damages
If you suffer from mesothelioma, or another asbestos-related illness, a successful lawsuit could pay your family members for their losses. Compensation could pay for medical bills, lost income from being unable to work, home care expenses as well as pain and suffering mental anguish, loss of quality of life, and funeral and burial costs. A seasoned New York asbestos lawyer will investigate the responsible parties to gather evidence and prove your claim. Your lawyer can then file a civil lawsuit before the statute of limitations runs out in your state.
The courts have dockets that are specially designed for asbestos cases to streamline the process. They expedite trials for terminally-ill plaintiffs and group similar cases. Additionally the judges who handle these cases are aware of the increased 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 victims received billions in settlements and verdicts. Mesothelioma is a fatal cancer is caused by asbestos fibers. It is an uncommon, incurable cancer. However lawsuits brought against companies that exposed workers to asbestos fibers have helped compensate victims.
These lawsuits aim to penalize corporate wrongdoers as indemnizing victims of mesothelioma or other asbestos-related illnesses. The lawsuits seek punitive damages, which are awarded in addition to compensatory damages. The intent of the lawsuits is to deter the defendant from repeating the same conduct in the future.
The NYCAL decision gives defendants the chance to avoid punitive damage awards. They were in danger of massive judgments in the past, on the basis that their conduct was so egregious, that they should pay punitive damage awards to discourage others from committing the same offense.
With the ruling in favor of plaintiffs, it is expected that many of the businesses that were named as defendants will be reprimanded. Even if they were dismissed, they would still have to pay legal fees to defend a case that they did not deserve to be involved in.