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 are likely to have a profound impact on the defense of asbestos lawsuits. These decisions are likely to result in a significant number of summary judgment motions based upon the defendant's fiber/cc tests and expert reports that put any exposure that can be deemed respirable below an exposure threshold in the ambient.
Expert Testimony
New York asbestos lawyers rely heavily on expert witness testimony to back their clients their claims. Expert witness fees can be a an enormous portion of total costs in asbestos litigation. Lawyers for both sides can spend hours in preparation to confront an expert, and experts can charge thousands of dollars per day. Therefore, it is important for litigants to carefully research and vet potential experts in advance. Failure to do so can result in a sham Daubert contest and a loss of cases.
New York has had a long history of industrial activity. Many workers were exposed to asbestos. Many of these workers have developed asbestos-related illnesses, including mesothelioma and cancer of the lung. These workers can claim compensation from the companies who exposed them to asbestos.
Asbestos suits are quite common in New York and the judges are well-versed in the subject. For instance, courts speed up trials for ill plaintiffs, and they often consolidate cases to lower the cost of trial. Additionally courts frequently review their discovery procedures to ensure they are current and efficient.
In a notable case, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements of plaintiffs' experts did not suffice to prove causality. The case was re-argued by defendants, and a decision is expected to be issued soon.
The court's decision is expected to impact asbestos litigation in New York. At present, mesothelioma lawyer firms saturate the daytime with advertisements urging people to file asbestos lawsuits, promising giant settlements. The niche litigation was especially lucrative for plaintiffs’ attorneys who paid millions of referral fees to Sheldon Silver. Silver was recently convicted of federal corruption charges in relation to the millions he made by the asbestos cases he directed to their firm.
In addition to these legal developments, New Yorkers need to remain aware of the possibility of asbestos exposure at work and in their communities. Asbestos lawsuits have been increasing and New York is among the the top jurisdictions for mesothelioma cases.
Summary Judgment
A New York asbestos lawyer can assist you in obtaining the settlement you deserve.
Asbestos exposure often leads to serious diseases, such as mesothelioma and lung cancer. These illnesses are extremely serious and have a long period of latency, meaning that victims may start experiencing symptoms as recently as 20 or 25 years after their initial exposure. Fortunately, there are steps that workers can take to safeguard themselves from asbestos exposure and avoid future illness. There have been a number of significant changes in the asbestos litigation environment in recent years. In 2015, the political establishment in New York was shook to its core by the conviction of Sheldon Silver for federal corruption charges. Silver's corruption convictions stemmed from a secretly working for the law firm of Weitz & Luxenberg, which he used to earn millions of dollars in referral fees for the firm.
The new Albany landscape has also been shaken 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 amidst reports that she had given the "red-carpet treatment" to asbestos cases filed by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the following 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 cumulative exposure theory that was prevalent in the litigation. Instead it demanded plaintiffs prove causality with enough scientific evidence from their experts. This ruling provides New York asbestos attorneys a strong argument against claims that claim they are speculative or fraudulent.
In Odessa asbestos lawyers in Reid Abex the Court of Appeals supported asbestos defense lawyers in their efforts to compel plaintiffs to prove a causal connection between asbestos-related illnesses and the products to which they were exposed. In this decision, plaintiffs are required to prove that their asbestos-related illness was caused by specific friction materials or linings offered by the defendant, rather than general workplace exposure to asbestos.
Causation
The biggest challenge for asbestos defendants is the need to prove that there is a causal link. It is generally accepted that exposure to asbestos-containing substances can cause mesothelioma, among other illnesses, but the law requires plaintiffs to prove specific exposure to certain products made by particular defendants in order to prevail on their claims.
This is a challenging standard to meet, especially in NYCAL where one judge is in charge of all NYC asbestos litigation. In the 16 years since the decision of Parker, New York courts have been unable to apply the principles of that case. In 2016, the First Department in Matter of NYC Asbestos Litigation, (Juni), ruled that an expert's testimony that a plaintiff "regularly" exposed himself to friction products containing asbestos was not sufficient to satisfy specific causality under Nemeth.
Juni has placed a significant burden on defendants in NYCAL and could oblige 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 and your options for restitution financial if you're diagnosed with mesothelioma or other asbestos-related diseases.
New York State was the second most popular state for mesothelioma suits in 2019. It handled 6% of all asbestos litigation across the country. It is estimated that up to 13,000 people have been diagnosed with mesothelioma in the state. Most of the victims are contractors or workers who were exposed to asbestos because it was employed in industrial applications.
Symptoms of mesothelioma are not typically apparent until 25 to 50 years after the initial exposure. Many asbestos sufferers are fighting to get the compensation they require to cover medical costs as well as lost wages, loss of companionship and other damages.
It is essential to file your mesothelioma claim in a timely fashion however, it is vital to work with a mesothelioma lawyer who can assist you in seeking the maximum financial restitution. Contact a mesothelioma attorney in NYC today to schedule a free, no-obligation consultation. Your lawyer can assist you determine if you're eligible to receive financial compensation from an asbestos trust.
Damages
If you suffer from mesothelioma or any other asbestos-related illness, a successful lawsuit could pay for the losses of your family. Compensation could cover medical expenses 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. An experienced New York mesothelioma attorney will look into the parties at fault and gather evidence to support your claims. After that, your lawyer will start a civil lawsuit in court before the state's time limit expires.
The courts have dockets specialized for asbestos cases to streamline the process. They expedite trials for terminally-ill plaintiffs and group similar cases. In addition the judges who handle these cases are aware of the increased 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 national hub for asbestos litigation. Asbestos victims have received billions of dollars in settlements and verdicts. Mesothelioma is a deadly form of cancer, is caused by asbestos fibers. It is a rare, incurable type of cancer. However lawsuits filed against companies that exposed workers to asbestos fibers have led to compensation for victims.
These lawsuits aim to punish corporate wrongdoers as well as compensating victims of mesothelioma or other asbestos-related illnesses. These lawsuits seek punitive damages awards in addition to compensatory damages. The lawsuits are designed to discourage the defendant from repeating the same conduct in the future.
However the NYCAL decision offers defendants the chance to have a shot of hope in their battle to avoid punitive damages awards. Previously, they had been facing the prospect of huge judgments in these cases according to the prevalent view that their conduct was so indefensible that they must pay punitive damages to prevent others from following their lead.
With the ruling in favor plaintiffs, it is expected that a lot of the companies that were named as defendants will be dismissed. This is because even if they get dismissed, they will need to incur legal fees to defend a case that they did not deserve to be involved in.