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 long latency periods.
Recent NYCAL decisions will have a significant impact on the defense of asbestos lawsuits. These decisions are likely to result in a large number of summary judgment motions based upon the asbestos defendant's tests for fiber/cc as well as expert reports that place any exposure that is deemed to be respirable under an ambient exposure threshold.
Expert Testimony
New York asbestos lawyers rely heavily on expert witness testimony to back their clients' claims. Asbestos litigation can be extremely expensive, and expert witness fees account for a significant percentage of total case costs. Both sides can spend hundreds hours in preparation to question an expert. Experts can charge thousands of dollars per day. It is therefore important that litigants carefully study and evaluate potential experts in advance. Failure to do so can result in a sham Daubert challenge or losing cases.
New York has had a long history of industrial activity. Many workers were exposed to asbestos. Many of these workers developed asbestos-related diseases, including mesothelioma, lung cancer, and so on. They can seek compensation from the companies who exposed them to asbestos.
Asbestos lawsuits are a regular in New York, and judges are well-versed in the issues that arise. The courts, for example expedite trials for patients who are terminally ill and consolidate cases when necessary to reduce trial costs. The courts also review their discovery procedure to ensure that it is effective and current.
In a case that is notable, Brown v. Weitz & Luxenberg, the First Department held that conclusory statements of exposure cumulatively made by plaintiffs experts were not sufficient to establish the causation in asbestos cases. The defendants appealed the decision, and a decision is expected soon.
The court's decision is expected to have a profound impact on asbestos litigation in New York. Currently, specialized mesothelioma law firms saturate the daytime with ads urging victims to bring asbestos lawsuits, promising giant settlements. The niche litigation has proven particularly lucrative for plaintiffs' lawyers who have repaid 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.
New Yorkers must continue to be aware in their workplaces, and communities about asbestos exposure. Asbestos-related lawsuits are on the increasing, and the state is one of the top jurisdictions for mesothelioma verdicts.
Summary Judgment
A New York asbestos lawyer can help you obtain the compensation you're entitled to.
Asbestos exposure could lead to serious illnesses like mesothelioma and lung cancer. These diseases are agressive and have a long period of latency which means that the victims could only have begun experiencing symptoms as recently as 20 or 25 years after their initial exposure. There are steps workers can take to prevent asbestos exposure and the development of a future illness. In recent years the asbestos litigation landscape has seen major changes. In 2015, the political establishment in New York was shook to its core by the conviction of Sheldon Silver on federal corruption charges. Silver's convictions for corruption stemmed from his shady employment at the law firm Weitz & Luxenberg. He used this to earn millions in referral fees.
The courtroom politics on the NYCAL docket have also impacted the new Albany landscape. Justice Sherry Klein Heitler was replaced as the longtime manager of NYCAL docket in 2021 amid reports that she had provided the "red carpet treatment" to asbestos claims brought by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the following shake-up. His decisions have placed a significant burden on defendants, making it almost impossible for them to obtain summary judgment.
In Juni the year 2003, the Court of Appeals gave NYCAL a hefty dose of reality, rejecting the cumulative exposure theory that was popular in the litigation. Instead it demanded plaintiffs prove causation with sufficient scientific expression from their experts. This decision provides New York asbestos defense attorneys a powerful tool to defend against allegations of fraudulent and speculative claims.
In Reid In Reid Abex the Court of Appeals supported asbestos defense attorneys in their efforts to compel plaintiffs to prove a causal connection between asbestos-related diseases and products to which they were exposed. In this case plaintiffs must demonstrate that their asbestos-related condition was caused by specific friction materials or linings provided by the defendant, not general workplace exposure to asbestos.
Causation
The defendants will have to prove that asbestos caused the disease. The general consensus is that exposure to asbestos-containing substances can trigger mesothelioma and other diseases. However the law requires plaintiffs to demonstrate specific exposure to the products produced by certain defendants in order for their claims to be successful.
This is a difficult standard to achieve, particularly in NYCAL where one judge is in charge of all NYC asbestos litigation. In the 16 years since 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 the testimony of an expert that a plaintiff "regularly" exposed himself to friction products that contained asbestos was not sufficient to prove the requirement of specific causality under Nemeth.
Juni has put a huge burden on defendants in NYCAL and could force them to settle their claims for less than they are entitled to. A mesothelioma lawyer in NYC can explain to you the benefits 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 lawsuits in 2019 and is responsible for 6% of national asbestos litigation. As many as 13,000 people have been diagnosed with the disease in New York. The majority of the victims were contractors or employees who were exposed to asbestos because it was used in industrial processes.
The signs of mesothelioma generally don't manifest until between 25 to 50 years after initial exposure. Many asbestos victims are fighting to get the compensation they deserve to cover medical expenses as well as lost wages and companionship loss, in addition to other damages.
While it is important to file a mesothelioma lawsuit promptly, it is also crucial to work with an experienced mesothelioma attorney who can help you obtain the maximum amount of financial restitution that is possible. Contact a mesothelioma attorney from NYC to set up a no-cost appointment, no-obligation. Your attorney will be able to discuss your rights to financial restitution from an asbestos trust fund.
Damages
If you have mesothelioma, or a similar asbestos-related condition, 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, and other expenses. An experienced New York asbestos lawyer will investigate the responsible parties to gather evidence and support your claim. Your lawyer will then start a civil lawsuit before the statute of limitations runs out in your state.
The courts have dockets specialized for asbestos cases to streamline the process. They speed up trials for plaintiffs with terminal illnesses and also group similar cases together. In addition, the judges handling these cases are aware of the increased dangers associated with asbestos exposure and are trained to ensure justice is served.
According to a study conducted recently, New York City is the national center for asbestos litigation. asbestos litigation trends have claimed billions of dollars in settlements and verdicts. Mesothelioma is a cancer that can be fatal that is caused by exposure to hazardous asbestos fibers. It is a rare and incurable disease, but lawsuits against companies that exposed workers to the cancer-causing substance have helped compensate victims for their suffering.
In addition to remunerating the victims of mesothelioma and other asbestos-related diseases the lawsuits aim at securing the retribution of corporate wrongdoers. These lawsuits seek punitive damage awards, which are in addition to compensatory damages. They are intended to deter the defendant's conduct in the future, and discourage others from engaging in a similar course of action.
However, the NYCAL decision offers defendants a glimmer of hope in their fight to avoid punitive damages awards. They were in danger of massive judgments in the past in the belief that their conduct was so egregious, that they would have to pay punitive damages to discourage others from committing the same offense.
With the ruling in favor of plaintiffs, it is likely that a lot of the companies that were named as defendants will be disqualified. This is because even if they're dismissed, they will be required to pay legal fees to defend a case that they did not deserve to be involved in.