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 period of latency, is the second most frequent mesothelioma-related case in the United States in the year 2019.
Recent NYCAL decisions are likely to have a major impact on the defense of asbestos lawsuits. These decisions could result in extensive summary judgment motion practice focused on the defendant's fiber/cc test and expert reports putting any exposure that is deemed to be respirable below the threshold of exposure to ambient air.
Expert Testimony
New York asbestos attorneys rely heavily on the testimony of experts to prove their clients' claims. Expert witness fees can be a significant proportion of total cost of asbestos litigation. Lawyers on both sides could spend a lot of time in preparation to confront an expert, while experts can charge thousands of dollars per day. It is crucial that litigants carefully examine and verify potential experts in advance. If they don't, it could result in a failed Daubert Challenge and losing cases.
New York has had a long history of industrial activity. Many workers were exposed to asbestos. Many of these workers have been diagnosed with asbestos-related illnesses, including mesothelioma and lung cancer. These workers can seek compensation from the companies who exposed them to asbestos.
Asbestos suits are quite common in New York and the judges are knowledgeable about the issue. The courts, for instance speed up trials for terminally ill plaintiffs and consolidate cases when necessary to cut down on the cost of trial. The courts also periodically review their discovery procedure to ensure that they are effective and up-to-date.
In one case of note, Brown v. Weitz & Luxenberg in which the First Department held that conclusory statements on exposure cumulatively made by plaintiffs' experts were insufficient to establish the causality in an asbestos case. The case was re-argued 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. The mesothelioma lawyers are bombarding daytime television with commercials that encourage victims to file asbestos lawsuits, promising massive settlements. The niche litigation was particularly lucrative for plaintiffs’ attorneys who repaid millions of referral fees to Sheldon Silver. Silver was recently found guilty of federal corruption charges in relation to the millions he made by sending asbestos cases to their firm.
In addition to these legal developments, New Yorkers should remain vigilant about possible asbestos exposure in their work environments and communities. Asbestos-related lawsuits are on the rise and New York is among the the top jurisdictions for mesothelioma cases.
Summary Judgment
A New York asbestos attorney can assist you in obtaining the compensation you deserve.
Asbestos exposure often leads to serious diseases, including mesothelioma and cancer of the lung. These diseases are extremely serious and have a long latency time. This means that victims may not have started suffering from symptoms until 20 or 25 years after their initial exposure. Fortunately, there are steps that workers can take to protect themselves against asbestos exposure and prevent future illnesses. In recent years, the asbestos litigation landscape has seen major changes. The most significant change came in 2015, when New York's political establishment was shaken to the foundation following the conviction on federal corruption charges of former Assembly Speaker Sheldon Silver. Silver's corruption convictions stemmed from a secret moonlighting at the law firm of Weitz & Luxenberg, which he used to earn 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. The longtime manager of the NYCAL docket, Justice Sherry Klein Heitler was replaced in 2021 amidst reports that she provided the "red-carpet treatment" to asbestos cases brought by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the aftermath of the shake-up. His decisions have put a huge burden on defendants, making it almost impossible for them to get summary judgment.
In Juni the year 2003, the Court of Appeals dealt NYCAL with a savage dose of reality, renouncing the cumulative exposure theory that was popular in the litigation and requiring plaintiffs to prove the causation of their claims with sufficient scientific explanation by their experts. This decision gives New York asbestos attorneys a powerful tool to defend against claims that claim to be fraud or speculative.
In Reid v Abex, the Court of Appeals also gave asbestos defense attorneys a boost in their efforts to require plaintiffs to prove a specific causal link between their asbestos-related condition and the specific substances they were exposed to. The decision imposes plaintiffs with the responsibility to prove that their illness was caused by specific friction materials and linings which were supplied by the defendant, and not general exposure to asbestos in the workplace.
Causation
The most significant challenge facing defendants in asbestos cases is the need to prove that there is a causal link. The general consensus is that exposure to asbestos-containing materials can trigger mesothelioma and other diseases. However the law requires that plaintiffs demonstrate specific exposure to the products produced by certain defendants in order for their claims to be successful.
This is a tough standard to meet, especially in NYCAL, where a single judge manages the entire NYC asbestos litigation. In the 16 years 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) ruling the testimony of an expert that a plaintiff "regularly" exposed himself to friction products that contained asbestos was not sufficient to establish specific causality under Nemeth.
Juni has placed a heavy burden on defendants and may oblige them to settle their claims at an amount lower than what they are entitled to. A mesothelioma lawyer from NYC can explain the advantages of filing a lawsuit and your options for financial compensation if have been diagnosed with mesothelioma.
New York State was the second most popular state for mesothelioma suits in the year 2019. It handled 6percent of all asbestos litigation across the country. It is estimated that around 13,000 people have been diagnosed with mesothelioma within the state. Most of the victims were workers or contractors exposed to asbestos in industrial applications.
The signs of mesothelioma typically don't manifest until between 25 to 50 years after the initial exposure. Many asbestos sufferers are fighting for the compensation they require to cover medical expenses as well as lost wages, loss of companionship, and other damages.
It is essential to file your mesothelioma suit promptly, but it is also important to consult a mesothelioma lawyer who can help you seek the highest amount of financial compensation. Contact a mesothelioma lawyer in NYC today to schedule your free no-obligation consultation. Carrollton asbestos attorney can assist you determine if you are eligible for financial compensation from an asbestos trust.
Damages
If you suffer from mesothelioma, or another asbestos-related illness A successful lawsuit can provide your family with compensation for their losses. Compensation could cover your medical bills, income loss from being unable to work, home care expenses as well as pain and suffering mental anguish and loss of quality of life, and funeral and burial costs. An experienced New York mesothelioma attorney will examine the parties responsible and collect evidence to support your claims. Your lawyer will then start a civil lawsuit before the statute of limitations runs out in your state.
The courts are well-versed in asbestos lawsuits, and they have specialized dockets to help streamline the process. They speed up trials for plaintiffs who are terminally ill and group similar cases together. Additionally, the judges handling these cases are aware of the heightened 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 have received billions of dollars in settlements and verdicts. Mesothelioma is a fatal cancer caused by exposure to harmful asbestos fibers. It is an uncommon, incurable cancer. However lawsuits filed against companies that exposed workers to asbestos fibers have resulted in compensation for victims.
In addition to compensating victims of mesothelioma and the other asbestos-related illnesses, these lawsuits are aimed at securing the retribution of corporate wrongdoers. The lawsuits seek punitive damages, which are granted in addition to compensatory damages. The lawsuits are designed to discourage the defendant from repeating the same conduct in the future.
The NYCAL decision gives defendants hope that they will stay clear of punitive damages. Previously, they had been facing the prospect of huge judgments in these cases according to the prevalent view that their conduct was so egregious that they must pay punitive damages in order to discourage others from following their lead.
With the ruling in favor of plaintiffs, it is likely that a lot of the companies that were named as defendants will be reprimanded. Even if they are dismissed but they'd still have to pay legal fees to defend a case they didn't deserve to be involved in.