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 latency, is the second most common 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 are likely to result in a large number of summary judgment motions based on defendant's fiber/cc tests and expert reports that place any respirable exposure under an exposure threshold in the ambient.
Expert Testimony
New York asbestos attorneys rely heavily on the testimony of experts to prove their clients' claims. Expert witness fees can be a a large percentage of the total cost of asbestos litigation. Both sides could spend hundreds of hours preparing to question an expert. Experts can charge thousands of dollars per day. It is therefore important that litigants carefully study and evaluate potential experts prior to interviewing them. Failure to do this can result in a failed Daubert Challenge and losing cases.
New York has a rich industrial history, and many workers have been exposed to toxic asbestos. Many of these workers have suffered asbestos-related illnesses, such as mesothelioma and cancer of the lung. They can seek compensation from the companies who exposed them to asbestos.
Asbestos lawsuits are a regular in New York, and judges are familiar with the issues that arise. The courts, for example, expedite trials in cases of seriously ill plaintiffs and combine cases when needed to reduce trial costs. The courts also periodically examine their discovery procedures to ensure that they are effective and current.
In one case of note, Brown v. Weitz & Luxenberg, the First Department held that conclusory cumulative exposure statements from plaintiffs' experts were insufficient to establish the causation in asbestos cases. The case was then appealed by defendants, and a ruling is expected to be issued soon.
The court's ruling is expected to impact asbestos litigation in New York. Mesothelioma lawyers have been bombarding television during the day with ads that encourage asbestos victims to file lawsuits, promising massive settlements. The niche litigation has proven particularly lucrative for plaintiffs' lawyers, who have paid millions of dollars in referral fees to former Assembly Speaker Sheldon Silver, who was recently found guilty of federal corruption charges relating to the millions of dollars he earned from directing asbestos cases to his firm.
In addition to these legal developments, New Yorkers should continue to be vigilant about possible asbestos exposure in their work environments and communities. Asbestos lawsuits are on the rise and New York is among the top jurisdictions in mesothelioma verdicts.
Summary Judgment
A New York asbestos attorney can assist you in obtaining the compensation that you deserve.
Asbestos exposure is often the cause of serious diseases, including mesothelioma and lung cancer. These are serious diseases and have a long latency time. This means that victims may not be experiencing symptoms until twenty or 25 years after their initial exposure. There are ways for workers to safeguard themselves from asbestos exposure and prevent future disease. In recent years the asbestos litigation scene has seen a number of significant 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. Flower Mound asbestos attorney stemmed from his secretly working at 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 impacted the new Albany landscape. Justice Sherry Klein Heitler was removed as the long-time director of the NYCAL docket in 2021 amidst reports that she had given the "red carpet treatment" to asbestos-related claims filed by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the aftermath of the shake-up. His rulings have made it difficult for defendants to obtain summary judgement.
In Juni the year 2003, the Court of Appeals gave NYCAL a hefty dose of reality by denying the theory of cumulative exposure that was prevalent in the litigation. Instead, it demanded that plaintiffs establish specific causation with sufficient scientific expression from their experts. This ruling gives New York asbestos attorneys a powerful tool to defend against allegations that claims are false or speculative.
In Reid v Abex, the Court of Appeals also gave asbestos defense lawyers support for their efforts to require plaintiffs to establish that there is a causal link between their asbestos-related disease and the particular products that they were exposed to. The decision imposes plaintiffs with the responsibility to prove that their illness was caused by the specific friction materials and linings that were provided by the defendant, rather than general exposure to asbestos in the workplace.
Causation
The defendants must demonstrate that asbestos caused the disease. It is generally accepted that a person's exposure to certain asbestos-containing materials causes mesothelioma and other diseases, however, the law requires plaintiffs to prove specific exposure to products manufactured 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 the decision of Parker, New York courts have been unable to apply the principles outlined in that case. In 2016, the First Department in Matter of NYC Asbestos Litigation, (Juni) decided that an expert's testimony that plaintiff "regularly" exposed himself to products for friction that contained asbestos was not enough to prove the requirement of specific causality under Nemeth.
Juni has placed a huge burden on defendants and could make them to settle their claims for an amount lower than what they are entitled to. A mesothelioma attorney in NYC can explain the advantages of filing a lawsuit and your options to receive financial compensation if you have been diagnosed with mesothelioma.
New York State was the second-most popular jurisdiction for mesothelioma suits in 2019. It handled 6% of all asbestos litigation across the country. It is estimated that around 13,000 patients have been diagnosed with mesothelioma within the state. The majority of those affected are contractors or workers who were exposed to asbestos as it was being used in industrial applications.
The signs of mesothelioma typically don't manifest until between 25 to 50 after the initial exposure. Many asbestos victims are fighting to get the compensation they require to cover medical expenses as well as lost wages and companionship loss, in addition to other damages.
While it is important to make a mesothelioma claim in a timely manner but it is also essential to consult with a knowledgeable mesothelioma lawyer who can help you obtain the maximum financial restitution possible. Contact a mesothelioma lawyer from NYC today to set up a free no-obligation consultation. Your attorney will be able to discuss your eligibility for financial compensation from an asbestos trust fund.
Damages
If you're suffering from mesothelioma, or another asbestos-related illness, a successful lawsuit may provide your family with compensation for their losses. Compensation can cover medical expenses, lost income from being unable to work, home care expenses as well as pain and suffering mental anxiety, loss of quality of life, and funeral and burial expenses. An experienced New York mesothelioma attorney will investigate the responsible parties and collect evidence to support your claims. After this, your lawyer may file a lawsuit in civil court before the state's statute of limitations expires.
The courts have dockets that are specially designed for asbestos cases in order to speed up the process. They speed up trials for terminally ill plaintiffs, and group similar cases. Judges who handle these cases have been trained to ensure justice and are aware of the higher risks associated with asbestos.
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 cancer that can be fatal caused by exposure to dangerous asbestos fibers. It is a rare, incurable disease, but lawsuits against companies that exposed workers to asbestos cancer-causing substance have aided in compensating victims for their suffering.
These lawsuits are designed to punish corporate wrongdoers as indemnizing victims of mesothelioma or other asbestos-related diseases. The lawsuits seek punitive damages which are awarded in addition to compensatory damages. The lawsuits are designed to deter the defendant from repeating the same conduct in the future.
However the NYCAL decision offers defendants an opportunity to win their struggle to stay out of punitive damages. Prior to this, they faced the prospect of massive judgments in these cases, with the prevailing theory that their conduct was so indefensible that they must pay punitive damages to deter others from committing the same crime.
With the decision in favor of plaintiffs, it is likely that many 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 that they did not deserve to be in.