New York Asbestos Litigation
New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma is an asbestos-related serious illness that has prolonged latency.
Recent NYCAL decisions are likely to have a significant impact on the defense of asbestos lawsuits. These decisions could result in extensive summary judgement motions focusing on the defendant's fiber/cc test and expert reports putting any respirable exposure below an ambient exposure threshold.
Expert Testimony
New York asbestos lawyers rely heavily on expert witness testimony to prove their clients' claims. Asbestos litigation can be extremely expensive and expert witness costs make up a significant portion of total case costs. Lawyers on both sides could spend hours in preparation to confront an expert, while experts can charge thousands of dollars per day. It is crucial that litigants carefully research and vet possible experts in advance. Failure to do this could result in a failed Daubert challenge and lost cases.
New York has a rich industrial history, and many workers have been exposed to asbestos, which is toxic. Many of these workers have developed asbestos-related diseases, such as mesothelioma as well as lung cancer. These workers can seek compensation from the businesses who exposed them to asbestos.
Asbestos lawsuits are a common occurrence in New York, and judges are aware of the issues involved. The courts, for example, expedite trials for seriously ill plaintiffs and combine cases when necessary to reduce the cost of trial. The courts also regularly review their discovery procedure to ensure that it is effective and up-to-date.
In a case that is notable, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements made by plaintiffs' experts did not suffice to prove causality. The case was then appealed by defendants, and a decision is expected to be issued soon.
The court's decision is expected to impact asbestos litigation throughout New York. Currently, specialized mesothelioma law firms pepper daytime TV with ads urging victims to bring asbestos lawsuits, promising massive 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 convicted on federal corruption charges related to the millions of dollars he earned from directing asbestos cases towards his firm.
In addition to these legal developments, New Yorkers must remain aware of the possibility of asbestos exposure in their work environments and communities. Asbestos-related lawsuits are on the rise and New York is one of most prominent jurisdictions for mesothelioma verdicts.
Summary Judgment
A New York asbestos attorney can assist you in obtaining the compensation you deserve.
Asbestos exposure can cause serious diseases like mesothelioma and lung cancer. These diseases are extremely serious, and they have a long time to develop. This means that patients may not be suffering from symptoms until twenty or 25 years after their first exposure. Fortunately, there are ways for workers to safeguard themselves from asbestos exposure and avoid a recurrence of disease. In recent years the asbestos litigation landscape has undergone several major changes. The most significant development came in 2015 when the political establishment was shaken to the core by the conviction on federal corruption charges of former Assembly Speaker Sheldon Silver. Silver's convictions for corruption stemmed from his secretly working for the law firm of Weitz & Luxenberg, which he used to earn millions of dollars in referral fees for the firm.
The courtroom politics on the NYCAL docket have also shaken up the new Albany landscape. The long-time head of the NYCAL docket, Justice Sherry Klein Heitler, was replaced in 2021 amid reports that she gave the "red-carpet treatment" to asbestos cases brought by Weitz & Luxenberg. In the aftermath of this shakeup, Justice Peter Moulton has taken the charge of NYCAL. His decisions have placed a heavy burden on defendants, making it nearly impossible for them to obtain summary judgment.
In Juni the year 2003, the Court of Appeals dealt NYCAL with a brutal dose of reality, renouncing the cumulative-exposure theory that was becoming popular in the litigation and calling for plaintiffs to establish specific causation through sufficient scientific explanation by their experts. This decision provides New York asbestos defense attorneys a powerful tool to defend against claims of speculative and fraudulent claims.
In Reid v Abex, the Court of Appeals also gave asbestos defense lawyers support for their efforts to require plaintiffs to prove a specific causal link between their asbestos-related disease and the specific substances they were exposed to. In this decision plaintiffs must prove that their asbestos-related disease was caused by specific friction materials or linings supplied by the defendant, not general workplace exposure to asbestos.
Causation
The defendants will need to prove that asbestos contributed to the disease. The general consensus is that exposure to asbestos-containing substances can trigger mesothelioma and other diseases. However the law requires that plaintiffs be able to prove specific exposure to certain products manufactured by certain defendants to be successful.
This is a challenging standard to meet, particularly 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) ruling the testimony of an expert that a plaintiff "regularly" exposed himself to friction products containing asbestos was not enough to prove the requirements of causality specific to Nemeth.
Juni has imposed a substantial burden on defendants in NYCAL and could make them settle their claims at a lower amount than they are entitled to. A mesothelioma lawyer in NYC will explain the benefits of filing a suit and your options for restitution financial if you are diagnosed with mesothelioma or other asbestos-related illnesses.
New York State was the second most popular mesothelioma-related jurisdiction suits in 2019. It was the sole handler of 6% of all national asbestos litigation. It is estimated that as many as 13,000 people have been diagnosed with mesothelioma in the state. The majority of those affected were contractors or employees who were exposed to asbestos as it was being used in industrial processes.
The signs of mesothelioma generally don't manifest until between 25 to 50 years after the initial exposure. Many asbestos patients are fighting for the compensation they require to cover medical costs, lost wages, loss of companionship and other damages.
It is crucial to file your mesothelioma claim in a timely manner, but it is also essential to work with mesothelioma lawyers who can assist you in obtaining the maximum financial restitution. Contact a mesothelioma lawyer in NYC to set up a free appointment that is no-obligation. Your attorney can help you determine if you are eligible for financial compensation from an asbestos trust.
Damages
If you're suffering from mesothelioma or another asbestos-related illness, a successful lawsuit could compensate your family for your losses. Compensation could cover medical expenses as well as lost wages due to inability to work, home care expenses, mental anguish and suffering, loss of quality funeral and burial costs, and other expenses. A seasoned New York mesothelioma attorney will look into the parties at fault and gather evidence to support your claims. After that, your lawyer will bring a lawsuit in civil court before the time limit expires.
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 put similar cases together. Judges who handle these cases are trained to ensure justice and are aware of the increasing risks associated with asbestos.
According to a study 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, is caused by asbestos fibers. It is a rare and incurable disease, however lawsuits filed against companies that exposed workers to asbestos cancer-causing substance have aided in compensating victims for their suffering.
These lawsuits seek to punish corporate wrongdoers as well as compensating victims of mesothelioma or other asbestos-related illnesses. These lawsuits seek punitive damage awards in addition to compensatory damages. Honolulu asbestos lawyers are intended to discourage the defendant's behavior in the future and deter others from taking part in a similar course of action.
However the NYCAL decision provides defendants with the chance to have a shot of hope in their fight to stay clear of punitive damages. They had the possibility of large judgments in the past in the belief that their conduct had been so indecent that they had to pay punitive damage awards to discourage others from following their example.
With the decision in favor of plaintiffs, it is likely that many of the companies named as defendants will be reprimanded. This is because even if they're dismissed, they will need to incur legal fees to defend a case that they did not deserve to be involved in.