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 common mesothelioma patient in the country in 2019.
Recent NYCAL decisions will have a significant impact on the defense of asbestos suits. These decisions are likely to result in extensive summary judgment motions focusing on the defendant's fiber/cc test and expert reports putting any respirable exposure under 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 extremely expensive and expert witness fees represent a significant proportion of the total cost. Both sides can spend hundreds hours preparing to confront an expert. Experts can charge thousands of dollars per day. Therefore, it is essential that litigants carefully study and evaluate potential experts in advance. Failure to do this can result in a failed Daubert Challenge and losing cases.
New York has a rich industrial past, and a lot of workers have been exposed to toxic asbestos. Many of these workers developed asbestos-related diseases, including mesothelioma or lung cancer. Those who have suffered from these ailments can seek compensation from the companies that exposed them to asbestos.
Asbestos lawsuits are a regular event in New York, and judges are familiar with the issues that arise. The courts, for example, expedite trials in cases of patients who are terminally ill and consolidate cases when necessary to cut down on the cost of trial. The courts also periodically review their discovery procedure to ensure that it is effective and up-to date.
In one notable case, Brown v. Weitz & Luxenberg in which the First Department held that conclusory statements on exposure cumulatively made by plaintiffs' experts were insufficient to establish causation in an asbestos case. The case was appealed by the defendants, and a ruling is expected soon.
The court's decision is expected to have a significant impact on asbestos litigation in New York. At present, mesothelioma lawyer firms pepper daytime TV with commercials urging victims to file asbestos lawsuits, promising massive settlements. The specialized litigation has been particularly lucrative for plaintiffs' attorneys, who have paid millions of dollars in referral fees to former Assembly Speaker Sheldon Silver, who was recently convicted on federal corruption charges relating to the millions of dollars he made from directing asbestos cases towards his firm.
In addition to these legal developments, New Yorkers need to continue to be vigilant about possible asbestos exposure at work and in their communities. Asbestos-related lawsuits are on the rise and New York is one of top jurisdictions in mesothelioma verdicts.
Summary Judgment
A New York asbestos attorney can help you receive the compensation you deserve.
Asbestos exposure can lead to serious diseases such as mesothelioma or lung cancer. These diseases are agressive and have a long time of latency which means that patients may be feeling symptoms as recent as 20 or 25 years after their initial exposure. There are ways for workers to protect themselves against asbestos exposure and prevent future disease. Several major changes have occurred in the asbestos litigation landscape in recent years. The most significant change came in 2015 when the political establishment was shaken to its foundation following the conviction on federal corruption charges of the former Assembly Speaker Sheldon Silver. Silver's corruption convictions stemmed from his secretly working for the law firm of Weitz & Luxenberg, which was where he earned millions of dollars in referral fees for the firm.
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 director of the NYCAL docket in 2021 amid reports that she had provided the "red carpet treatment" to asbestos claims brought by Weitz & Luxenberg. Following this reshuffle Justice Peter Moulton has taken the charge of NYCAL. His rulings have made it more difficult for defendants to get summary judgment.
In Juni the year 2003, the Court of Appeals gave NYCAL a hard dose of reality by denying the theory of cumulative exposure that was a popular argument in the litigation. Instead it required that plaintiffs establish a specific causation with sufficient scientific expression from their experts. This ruling gives New York asbestos defense attorneys a powerful tool to defend against allegations of speculative and fraudulent claims.
In Reid In Reid Abex the Court of Appeals supported asbestos defense lawyers in their efforts to compel plaintiffs to establish a causal connection between asbestos-related diseases and products to which they were exposed. The decision imposes plaintiffs with the obligation to establish that their disease was caused by specific linings and friction materials that were supplied by the defendant, and not general exposure to asbestos in the workplace.
Causation
The most significant challenge facing asbestos defendants is the need to prove that there is a causal link. There is a consensus that exposure to asbestos-containing materials can lead to mesothelioma or other illnesses. However, the law requires plaintiffs prove specific exposure to products produced by certain defendants in order to be successful.
This is a difficult standard to meet, particularly in NYCAL where one judge is in charge of 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, for instance the First Department in Matter of NYC Asbestos Litigation (Juni) found that a plaintiff's declaration that he "regularly exposed" himself to asbestos-containing friction products was not sufficient under Nemeth to satisfy specific causation.
Juni has placed a heavy burden on defendants, and could oblige them to settle their claims at less than they are entitled. A mesothelioma lawyer in NYC can explain the benefits of filing a suit and the options for financial restitution if you're diagnosed with mesothelioma or other asbestos-related illnesses.
New York state was the second most popular jurisdiction for mesothelioma lawsuits in the year 2019 and is responsible for about 6% of the national asbestos litigation. McAllen asbestos lawsuits is estimated that as many as 13,000 patients have been diagnosed with mesothelioma within the state. Most of the victims are contractors or workers who were exposed to asbestos because it was being used in industrial processes.
The signs of mesothelioma aren't usually evident until 25 to 50 years after the initial exposure. Many asbestos patients are fighting to receive the compensation they deserve to cover medical expenses, lost wages and companionship loss, in addition to damages.
It is essential to file your mesothelioma lawsuit promptly, but it is also essential to work with an attorney for mesothelioma who can assist you in obtaining the most monetary restitution. Contact a mesothelioma lawyer from NYC today to schedule your free, no-obligation consultation. Your attorney can help determine if you're eligible to receive financial compensation from an asbestos trust.
Damages
If you're suffering from mesothelioma or another asbestos-related disease, a successful lawsuit could pay your family members for their losses. Compensation can cover medical bills, income loss from being unable and home care expenses as well as pain and suffering, mental anguish, loss of quality of life as well as funeral and burial costs. An experienced New York asbestos lawyer will look into the responsible parties to collect evidence and support your claim. Your lawyer can then file a civil lawsuit before the statute of limitations expires in your state.
The courts are familiar with asbestos lawsuits, and they have specialized dockets to help streamline the process. They accelerate trials for plaintiffs who are terminally ill and group similar cases together. Judges who handle these cases are trained to ensure justice and are aware of the increased risk of asbestos exposure.
According to a study conducted recently, New York City is the nation's hub for asbestos litigation. Asbestos-related victims received billions of dollars in settlements and verdicts. Mesothelioma is a fatal cancer, is caused by asbestos fibers. It is a rare, incurable type of cancer. However lawsuits filed against companies who exposed workers to asbestos fibers have resulted in compensation for victims.
In addition to remunerating the victims of mesothelioma as well as other asbestos-related diseases These lawsuits are also aimed at punishing corporate wrongdoers. These lawsuits seek punitive damages awards, which are in addition to compensatory damages. The lawsuits are meant to deter the defendant from repeating the same conduct in the future.
The NYCAL decision gives defendants the chance to stay clear of punitive damages. Prior to this, they faced the possibility of huge judgments in these cases, with the prevailing theory that their conduct was so outrageous that they should be forced to pay punitive damages in order to discourage others from committing the same crime.
Now, with the ruling in favor of plaintiffs, companies that are named as defendants in NYCAL cases can expect to be dismissed in a large proportion of their cases. This is because, even if they are dismissed, they will have to spend money on legal fees to defend a case that they did not merit to be involved in.