New York Asbestos Litigation
New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma is a very serious asbestos-related cancer with a long latency period, is the second most common mesothelioma-related case in the United States in 2019.
Recent NYCAL decisions will have a profound effect on the defense of asbestos lawsuits. These decisions could result in a large number of summary judgment motions based on asbestos defendant's tests for fiber/cc as well as expert reports that put any exposure that can be deemed respirable below an exposure threshold for ambient conditions.
Expert Testimony
New York asbestos attorneys rely heavily on the testimony of expert witnesses to prove their clients' claims. Asbestos litigation can be very expensive and expert witness costs make up a significant portion of total case costs. Both sides can devote hundreds of hours in preparation to question an expert. Experts can charge thousands of dollar per day. It is therefore important that litigants examine and verify potential experts in advance. If they don't, it could result in a failure of the Daubert Challenge and losing cases.
New York has had a long history of industrialization. Many workers were exposed to asbestos. Many of these workers have developed asbestos-related illnesses, including mesothelioma as well as lung cancer. People who have suffered from these ailments can recover compensation from the companies who exposed them to asbestos.
Asbestos suits are commonplace in New York and the judges are knowledgeable about the issue. The courts, for example, expedite trials in cases of seriously ill plaintiffs and combine cases when needed to reduce the cost of trial. The courts also periodically review their discovery procedure to ensure that they are effective and current.
In a landmark case, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements made by plaintiffs' experts did not suffice to prove causation. The defendants filed an appeal, and a decision is expected in the near future.
The court's decision is likely to have a major impact on asbestos litigation in New York. Currently, specialized mesothelioma law firms fill the air with ads urging victims to bring asbestos lawsuits, promising massive settlements. The niche litigation was particularly lucrative for plaintiffs’ attorneys who paid millions of referral fees to Sheldon Silver. Silver was recently found guilty of federal corruption charges relating to the millions he made by the asbestos cases he directed to their firm.
In addition to these legal developments, New Yorkers need to remain alert to asbestos exposure at work and in their communities. Asbestos lawsuits are increasing and New York is among the the top jurisdictions for mesothelioma cases.
Summary Judgment
A New York asbestos attorney can assist you in receiving the amount of compensation you are due.
Asbestos exposure can lead to serious diseases, such as mesothelioma and cancer of the lung. These diseases are agressive and have a long latency period which means that patients may be feeling symptoms as recent as 20 or 25 years after their initial exposure. There are steps that workers can take to safeguard themselves from asbestos exposure and avoid a recurrence of disease. In recent years, the asbestos litigation landscape has undergone several major changes. In 2015 the political establishment in New York was shook to its core by the conviction of Sheldon Silver on federal corruption charges. Silver's convictions for corruption stemmed from his secret employment at the law firm Weitz & Luxenberg. He made millions of referral fees.
The new Albany landscape has also been shattered by the courtroom politics of the NYCAL docket. Justice Sherry Klein Heitler was replaced as the longtime manager of NYCAL docket in 2021 amid reports that she'd given the "red carpet treatment" to asbestos claims brought by Weitz & Luxenberg. Following this reshuffle, Justice Peter Moulton has taken the reigns of NYCAL. His decisions have made it difficult for defendants to get the benefit of a summary judgement.
In Juni, the Court of Appeals gave NYCAL a hefty dose of reality by denying the theory of cumulative exposure that was a popular argument in the litigation. Instead, it demanded that plaintiffs establish specific causation with sufficient scientific expression from their experts. This decision provides New York asbestos defense attorneys an effective tool to defend against claims of speculative and fraudulent claims.
In what is asbestos litigation In Reid Abex the Court of Appeals supported asbestos defense lawyers in their efforts to compel plaintiffs to prove a causal connection between asbestos-related illnesses and the products to which they were exposed. In this ruling, plaintiffs are required to demonstrate that their asbestos-related condition was caused by specific friction materials or linings offered by the defendant, not general exposure to asbestos in the workplace.
Causation
The most difficult challenge facing defendants in asbestos cases is the need to prove causation. It is generally accepted that exposure to certain asbestos-containing materials is a cause of mesothelioma, among other illnesses, but the law requires plaintiffs to prove the specific exposure to products produced by particular defendants to prevail on their claims.
This is a difficult standard to meet, particularly in NYCAL, where a single judge oversees the entire NYC asbestos litigation. In the 16 years since the decision of Parker, New York courts have been unable to apply the principles of this case. In 2016, the First Department in Matter of NYC Asbestos Litigation, (Juni), ruled the testimony of an expert that plaintiff "regularly" exposed himself to friction products that contained asbestos was not enough to establish the requirement of specific causality under Nemeth.
Juni has imposed a substantial burden on defendants in NYCAL and could oblige them to settle their claims at a lower amount than they are entitled to. A mesothelioma lawyer in NYC can explain the benefits of filing a lawsuit as well as your options for restitution financial if you are diagnosed with mesothelioma or other asbestos-related illnesses.
New York State was the second most popular state for mesothelioma suits in 2019. It was the sole handler of 6% of all national asbestos litigation. Around 13,000 people have been diagnosed with the disease in New York. The majority of patients were contractors or workers exposed to asbestos in industrial settings.
The signs of mesothelioma typically are not evident until the age of 25 to 50 years after the initial exposure. Many asbestos patients are battling to obtain the compensation they require to pay for medical expenses as well as lost wages, loss of companionship and other losses.
It is crucial to file your mesothelioma lawsuit promptly, but it is also important to consult mesothelioma lawyers who can assist you in seeking the most monetary restitution. Contact a mesothelioma lawyer in NYC today to set up a free no-obligation consultation. Your attorney can help determine if you're qualified for financial compensation from an asbestos trust.
Damages
If you're suffering from mesothelioma, or another asbestos-related disease, a successful lawsuit may compensate your family for your losses. Compensation could cover your medical expenses, lost income due to being unable to work or take care of your home as well as pain and suffering, mental anxiety, loss of quality of life, as well as funeral and burial costs. A seasoned New York asbestos lawyer will examine the parties responsible to collect 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 well-versed in asbestos lawsuits and have specialized dockets to help simplify the process. They accelerate trials for plaintiffs who are terminally ill and also group similar cases together. In addition the judges who handle 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 nation's hub for asbestos litigation. Asbestos victims have received billions of dollars in settlements and verdicts. Mesothelioma is a fatal cancer is caused by asbestos fibers. It is a rare, incurable illness, but lawsuits brought against companies who exposed workers to the cancer-causing chemical have led to compensation for victims for their suffering.
These lawsuits seek to penalize corporate wrongdoers as indemnizing victims of mesothelioma or other asbestos-related diseases. These lawsuits seek punitive damages awards in addition to compensatory damages. The intent of the lawsuits is to deter the defendant from engaging in similar behavior in the future.
However the NYCAL decision gives defendants an opportunity to win their struggle 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 indefensible that they had to pay punitive damages to prevent others from following suit.
With the decision in favor of plaintiffs, it is likely that a lot of the companies that were named as defendants will be dismissed. This is because even if they get dismissed, they will need to incur legal costs to defend a case they didn't deserve to be involved in.