New York Asbestos Litigation
New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma is an asbestos-related disease that is serious and has long latency times.
Recent NYCAL decisions will have a profound effect on the defense of asbestos suits. These decisions will likely result in extensive summary judgement motions focusing on the defendant's fiber/cc test and expert reports that place any respirable exposure under the threshold of exposure to ambient air.
Expert Testimony
New York asbestos attorneys rely heavily on the testimony of experts to back up their client's claims. Canton asbestos lawyers can be a an enormous portion of total cost of asbestos litigation. Lawyers on both sides could spend hours in preparation to confront an expert, while experts can charge thousands of dollars per day. It is therefore important that litigants conduct thorough examine and verify potential experts prior to interviewing them. In the absence of this, it could result in a failure of the Daubert Challenge and lost cases.
New York has had a long industrial history. Many workers were exposed to asbestos. Many of these workers have suffered asbestos-related illnesses, such as mesothelioma as well as lung cancer. Those who have suffered from these conditions are entitled to compensation from companies who exposed them to asbestos.
Asbestos suits are commonplace in New York and the judges are knowledgeable about the issue. For instance, the courts speed up trials for ill plaintiffs, and they often consolidate cases to reduce trial expenses. Additionally the courts are regularly reviewing their discovery procedures to ensure that they are current and efficient.
In one notable case, Brown v. Weitz & Luxenberg, the First Department held that conclusory statements of exposure cumulatively made by the plaintiffs' experts were insufficient to establish the causality in an asbestos case. The defendants appealed the case, and the decision is expected to be made soon.
The court's decision is expected to have an impact on asbestos litigation in New York. At present, mesothelioma lawyer firms pepper daytime TV with ads urging victims to make asbestos lawsuits and promise massive settlements. The niche litigation was especially lucrative for plaintiffs’ attorneys who paid millions in referral fees to Sheldon Silver. Silver was recently convicted of federal corruption charges related to the millions he earned by the asbestos cases he directed to their firm.
New Yorkers should be vigilant at work and in their communities regarding asbestos exposure. Asbestos lawsuits have been on the rise and New York is one of top jurisdictions in mesothelioma verdicts.
Summary Judgment
A New York asbestos attorney can assist you in obtaining the compensation you deserve.
Asbestos exposure is often the cause of serious diseases, such as mesothelioma as well as lung cancer. These diseases are agressive and have a long period of latency which means that the victims could only have begun suffering from symptoms as recently as 20 or 25 years after their initial exposure. There are steps that workers can take to prevent asbestos exposure and the development of a future disease. A number of major changes have taken place in the asbestos litigation scene in recent years. The most significant development came in 2015 in which the New York political establishment was shaken to the core following the conviction on federal corruption charges of former Assembly Speaker Sheldon Silver. Silver's convictions for corruption stemmed from his secret employment at the law firm Weitz & Luxenberg. He made millions in referral fees.
The new Albany landscape has also been shaken by the courtroom political machinations of the NYCAL docket. The long-time head of the NYCAL docket, Justice Sherry Klein Heitler was replaced in 2021 following reports that she gave the "red-carpet treatment" to asbestos cases brought by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the following shake-up. His rulings have put a huge burden on defendants, making it nearly impossible for them to get summary judgment.
In Juni the year 2003, the Court of Appeals dealt NYCAL a harsh dose of truth, rejecting the cumulative-exposure theory that had become fashionable in the court case and calling for plaintiffs to establish the causation of their claims with sufficient scientific expression by their experts. This ruling gives New York asbestos attorneys a powerful tool to defend against allegations that claims are speculative or fraudulent.
In Reid v Abex, the Court of Appeals also gave asbestos defense attorneys support for their efforts to require plaintiffs to establish the existence of a specific causal connection between their asbestos-related condition and the particular products that they were exposed to. 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 workplace exposure to asbestos.
Causation
The most difficult challenge facing asbestos defendants is the need to prove that there is a causal link. The consensus is that exposure to asbestos-containing substances can cause mesothelioma or other diseases. However the law requires that plaintiffs be able to prove specific exposure to certain products manufactured by certain defendants for their claims to be considered valid.
This is a challenging 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 have struggled to apply the principles from the 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 friction products containing asbestos was not sufficient under Nemeth to establish a specific causality.
Juni has imposed a substantial burden on defendants in NYCAL and could force them to settle their claims at a lower amount than they are entitled to. An attorney for mesothelioma in NYC will explain the benefits of filing a lawsuit as well as the options for financial restitution if you are diagnosed with mesothelioma, or other asbestos-related illnesses.
New York state was the second most popular state for mesothelioma lawsuits in the year 2019 and is responsible for about 6% of the national asbestos litigation. Around 13,000 people are estimated to have been diagnosed with the disease in New York. The majority of patients were contractors or employees exposed to asbestos in industrial settings.
Symptoms of mesothelioma are not typically evident until between 25 and 50 years after the first exposure. Many asbestos victims are now fighting to get the compensation they require to cover medical costs and lost wages, as well as loss of companionship and other damages.
While it is important to start a mesothelioma lawsuit in a timely manner, it is also crucial to consult with a knowledgeable mesothelioma lawyer who will help you obtain the maximum financial restitution possible. Contact a mesothelioma lawyer in NYC today to schedule a free no-obligation consultation. Your attorney can 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 compensate your family for your losses. Compensation may cover medical bills, lost wages due to inability to work, home care expenses, mental stress and suffering, loss of quality funeral and burial costs, and other expenses. An experienced New York mesothelioma attorney will look into the parties at fault and gather evidence to support your claims. Your lawyer will then file 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 expedite trials for terminally-ill plaintiffs, and also group similar cases. In addition the judges who decide these cases are aware of the higher risk of asbestos exposure and are trained to ensure that justice is served.
According to a study that was conducted recently, New York City is the main hub in the country 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 disease, however lawsuits filed against companies that exposed workers to the cancer-causing substance have aided in compensating victims for their suffering.
In addition to compensating the victims of mesothelioma as well as other asbestos-related illnesses These lawsuits are also aimed at punishing corporate wrongdoers. These lawsuits seek punitive damage awards in addition to compensatory damages. The lawsuits are designed to deter the defendant from repeating the same conduct in the future.
The NYCAL decision gives defendants the chance to avoid punitive damage awards. Previously, they had faced the possibility of huge judgments in these cases according to the popular belief that their conduct was so indefensible that they had to pay punitive damages to prevent others from committing the same crime.
Now, with the ruling in favor of plaintiffs, businesses named as defendants in NYCAL cases could be dismissed in a substantial proportion of their cases. Even if they were to be dismissed however, they will still need to pay legal fees to defend a case they didn't have a right to be in.