New York Asbestos Litigation
New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma is a serious asbestos-related illness with a long latency is the second most frequent mesothelioma patient in the country in 2019.
Recent NYCAL decisions will have a profound impact on the defense of asbestos suits. These decisions will likely result in extensive summary judgment motion practice focused on the defendant's fiber/cc tests and expert reports putting any exposure that is deemed to be respirable below 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 very expensive, and expert witness fees make up a significant portion of total case costs. Lawyers for both sides could spend hundreds of hours in preparation to question an expert, while experts can charge thousands of dollars per day. It is therefore important that litigants conduct thorough study and evaluate potential experts in advance. Failure to do this can result in a failure of the Daubert Challenge and losing cases.
New York has had a long industrial history. Many workers were exposed to asbestos. Many of these workers have developed asbestos-related diseases, such as mesothelioma and lung cancer. They may seek compensation from the businesses who exposed them to asbestos.
asbestos law & litigation are a regular occurrence in New York, and judges are aware of the issues that arise. For instance, courts expedite trials for terminally ill plaintiffs, and they often combine cases to cut down on costs for trial. Additionally the courts are regularly reviewing their discovery procedures to ensure they are up-to-date and effective.
In a landmark case, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements by plaintiffs’ experts did not suffice to prove causation. The case was then appealed by defendants, and a decision is expected soon.
The court's decision is likely to have a profound impact on asbestos litigation in New York. The mesothelioma lawyers are currently bombarding daytime television with commercials which encourage asbestos victims to file lawsuits, promising huge settlements. The niche litigation has been 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 by directing asbestos cases to his firm.
In addition to these legal developments, New Yorkers need to continue to be aware of the possibility of asbestos exposure in their work environments and communities. Asbestos lawsuits have been increasing and New York is among the top jurisdictions in mesothelioma verdicts.
Summary Judgment
A New York asbestos lawyer can assist you in obtaining the settlement you're due.
Asbestos exposure can cause serious illnesses like mesothelioma or lung cancer. These are serious diseases, and they have a long latency time. This means that victims might not be suffering from symptoms until 20 or 25 years following their initial exposure. Fortunately, there are ways for workers to safeguard themselves from asbestos exposure and prevent future illnesses. In recent years, the asbestos litigation landscape has undergone several significant changes. The most significant change occurred in 2015 in which the New York 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 a secret moonlighting at the law firm of Weitz & Luxenberg, which was where he earned millions of dollars in referral fees for the firm.
The new Albany landscape has also been shattered by the courtroom political machinations of the NYCAL docket. The long-time supervisor of the NYCAL docket, Justice Sherry Klein Heitler, was replaced in 2021 amid reports that she provided the "red-carpet treatment" to asbestos cases filed by Weitz & Luxenberg. Following this shakeup, Justice Peter Moulton has taken the reigns of NYCAL. His decisions have made it difficult for defendants to get summary judgement.
In Juni the year 2003, the Court of Appeals gave NYCAL a hefty dose of reality by denying the cumulative exposure theory that was a popular argument in the litigation. Instead it required plaintiffs prove causation with sufficient scientific expression from 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 supported asbestos defense lawyers in their efforts to compel plaintiffs to prove a causal connection between asbestos-related diseases and products to which they were exposed. The decision imposes plaintiffs with the responsibility to prove that their illness was caused by the specific linings and friction materials that were supplied by the defendant, not general exposure to asbestos in the workplace.
Causation
The most difficult 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 substances can lead to mesothelioma or 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 considered valid.
This is a challenging standard to meet, particularly in NYCAL where a single judge oversees all NYC asbestos litigation. In the 16 years that have passed since Parker, New York courts have struggled to apply the principles of 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 asbestos-containing friction products was not sufficient under Nemeth to satisfy specific causality.
Juni has put a huge burden on defendants in NYCAL and may oblige them to settle their claims for less than what they are entitled to. A mesothelioma lawyer from NYC can explain to you the benefits of filing a suit and the options to receive financial compensation if you have been diagnosed with mesothelioma.
New York State was the second most popular state for mesothelioma suits in 2019. It handled 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 victims were contractors or workers exposed to asbestos in industrial applications.
The symptoms of mesothelioma don't typically evident until between 25 and 50 years after the first exposure. Many asbestos patients are fighting for the compensation they need for medical expenses, lost wages and companionship loss, among other damages.
It is essential to file your mesothelioma suit in a timely fashion however, it is important to consult a mesothelioma lawyer who can help you seek the highest amount of financial compensation. Contact a mesothelioma lawyer in NYC to set up a no-cost, no-obligation appointment. Your attorney can help you determine if you're qualified to receive financial compensation from an asbestos trust.
Damages
If you suffer from mesothelioma or another asbestos-related illness, a successful lawsuit may provide your family with compensation for their losses. Compensation may cover medical bills as well as lost wages due to inability to work, home care expenses, mental anguish and pain loss of quality, funeral and burial costs, as well as other costs. A seasoned New York asbestos lawyer will look into the responsible parties to gather evidence and prove your claim. After that, your lawyer will start a civil lawsuit in court before your state's statute of limitations runs out.
The courts are familiar with asbestos lawsuits and have dockets that are specifically designed to simplify the process. They speed up trials for terminally ill plaintiffs and group similar cases. In addition, the judges handling these cases are aware of the higher risks associated with asbestos exposure and are trained to ensure that justice is served.
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, a deadly cancer, is caused by asbestos fibers. It is a rare, incurable disease, but lawsuits against companies who exposed workers to the cancer-causing substance have aided in compensating victims for their suffering.
In addition to compensating victims of mesothelioma and other asbestos-related illnesses These lawsuits are also aimed at securing the retribution of corporate wrongdoers. These lawsuits seek punitive damages awards, which are in addition to compensatory damages. They are intended to discourage the defendant's behavior in the future and deter others from engaging in a similar action.
However, the NYCAL decision provides defendants with the chance to have a shot of hope in their fight to stay out of punitive damages. They were in danger of massive judgments in the past, with the theory that their conduct was so indecent that they would have to pay punitive damages to deter other people from committing the same offense.
Now, with the ruling in favor of plaintiffs, businesses that are named as defendants in NYCAL cases can expect to be dismissed in a substantial portion of their cases. This is because even if they're dismissed, they will have to spend money on legal fees to defend a case they did not deserve to be involved in.