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 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 lawsuits. These decisions could result in extensive summary judgment motion practice focusing on the defendant's fiber/cc tests and expert reports that place any respirable exposure below an ambient exposure threshold.
Expert Testimony
New York asbestos lawyers rely heavily on expert witness testimony to support their clients' claims. Expert witness fees can account for an enormous portion of total costs involved in asbestos litigation. Both sides could spend hundreds of hours in preparation to question an expert. Experts can charge thousands of dollars per day. For this reason, it is important for litigants to carefully study and evaluate potential experts in advance. Failure to do so can result in a sham 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 diseases, such as mesothelioma and cancer of the lung. People who have suffered from these conditions can recover compensation from the companies that exposed them to asbestos.
Asbestos lawsuits are a regular event in New York, and judges are well-versed in the issues that arise. The courts, for instance, expedite trials in cases of patients who are terminally ill and consolidate cases when necessary to reduce the cost of trial. The courts also review their discovery process to ensure that they are effective and up-to-date.
In a notable case, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements of plaintiffs' experts were not sufficient to establish causation. The case was appealed by defendants, and a ruling is expected in the near future.
The court's decision is expected to have a significant impact on asbestos litigation in New York. There are currently mesothelioma-specific law firms saturate the daytime with advertisements urging people to make asbestos lawsuits and promise huge settlements. The niche litigation has proven particularly lucrative for plaintiffs' attorneys who have repaid millions of dollars in referral fees to former Assembly Speaker Sheldon Silver, who was recently found guilty of federal corruption charges related to the millions of dollars he made from directing asbestos cases to his firm.
New Yorkers should be vigilant at work, and communities about asbestos exposure. Asbestos lawsuits are increasing and New York is one of the top jurisdictions for mesothelioma cases.
Summary Judgment
A New York asbestos attorney can help you receive the compensation that you deserve.
Asbestos exposure is often the cause of serious diseases, including mesothelioma and lung cancer. These diseases are extremely serious, and they have a long time to develop. This means that the victims might not be suffering from symptoms until 20 or 25 years following the initial exposure. There are ways for workers to safeguard themselves from asbestos exposure and avoid future illnesses. In recent years, the asbestos litigation landscape has seen major changes. The most significant development came in 2015, when New York's political establishment was shaken to the core by the conviction on federal corruption charges brought against the former Assembly Speaker Sheldon Silver. Silver's convictions for corruption stemmed from his secret work at the law firm Weitz & Luxenberg. He used this to earn millions in referral fees.
The new Albany landscape has also been shattered by the courtroom politics of the NYCAL docket. Justice Sherry Klein Heitler was replaced as the longtime manager of the NYCAL docket in 2021 following reports that she had given the "red carpet treatment" to asbestos claims brought 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 Court of Appeals gave NYCAL a hard dose of reality, rejecting the cumulative exposure theory that was prevalent in the litigation. Instead, it demanded that plaintiffs establish a specific causation with sufficient scientific expression from their experts. This ruling provides New York asbestos attorneys a powerful weapon to defend against claims that claim to be fraud or speculative.
In Reid In Reid Abex the Court of Appeals supported asbestos defense lawyers in their efforts to force plaintiffs to prove a causal connection between asbestos-related diseases and the products to which they were exposed. In this case plaintiffs must prove that their asbestos-related disease 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. It is generally accepted that a person's exposure to certain asbestos-containing materials is a cause of mesothelioma, among other diseases, however, the law requires plaintiffs to prove the specific exposure to products produced 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 struggled to apply the principles of that case. In Missoula asbestos attorneys , the First Department in Matter of NYC Asbestos Litigation, (Juni) ruling that an expert's evidence that a plaintiff "regularly" exposed himself to friction products that contained asbestos was not enough to establish specific causality under Nemeth.
Juni has placed a significant burden on defendants in NYCAL and could force them to settle their claims at a lower amount than they are entitled to. A mesothelioma lawyer from NYC can explain to you the benefits of filing suit and your options for financial compensation if you have been diagnosed with mesothelioma.
New York State was the second-most popular jurisdiction for mesothelioma suits in 2019. It was the sole handler of about 6% of the asbestos litigation in the nation. It is estimated that as many as 13,000 people have been diagnosed with mesothelioma within the state. The majority of the victims were contractors or employees who were exposed to asbestos as it was being used in industrial processes.
The symptoms of mesothelioma usually are not evident until the age of 25 to 50 years after the initial exposure. Many asbestos patients are fighting to receive the compensation they need for medical expenses, lost wages and companionship loss, among other damages.
It is important to file your mesothelioma suit in a timely fashion, but it is also vital to work with a mesothelioma lawyer who can help you seek the most monetary restitution. Call a mesothelioma attorney in NYC to schedule a free, no-obligation appointment. Your attorney can discuss your rights to financial restitution from an asbestos trust fund.
Damages
If you suffer from mesothelioma or any other asbestos-related illness, a successful lawsuit can pay for the losses of your family. Compensation may cover medical bills and lost wages resulting from 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 asbestos lawyer will look into the responsible parties to collect evidence and support your claim. Your lawyer will then bring a civil suit before the statute of limitations runs out 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 group similar cases. The judges handling these cases have been instructed to ensure justice and are aware of the increasing dangers associated with asbestos.
According to a recent study, New York City is a 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 an uncommon, incurable cancer. However lawsuits filed against companies that exposed workers to asbestos fibers have led to compensation for victims.
These lawsuits are designed to punish corporate wrongdoers as well in compensating mesothelioma victims or other asbestos-related diseases. The lawsuits seek punitive damages which are awarded in addition to compensatory damages. The lawsuits are meant to deter the defendant from engaging in similar behavior in the future.
However the NYCAL decision gives defendants a glimmer of hope in their battle to stay out of punitive damages. In the past, they faced the prospect of massive judgments in these cases according to the popular belief that their conduct was so indefensible that they had to pay punitive damages in order to discourage others from following suit.
Now, with the ruling in favor of plaintiffs, firms named as defendants in NYCAL cases could be dismissed in a substantial proportion of their cases. This is because even if they get dismissed, they'll need to incur legal fees to defend a case that they didn't deserve to be involved in.