New York Asbestos Litigation
New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma, a serious asbestos-related illness with a long latency, is the second most frequent mesothelioma patient in the country in 2019.
Recent NYCAL decisions are expected to have a profound impact on the defense of asbestos lawsuits. These decisions could result in extensive summary judgement motions focusing on the defendant's fiber/cc tests and expert reports placing any exposure that is deemed to be respirable below the threshold of exposure to ambient air.
Expert Testimony
New York asbestos attorneys rely heavily on the testimony of expert witnesses to back up their client's claims. Expert witness fees can be a significant proportion of total costs in asbestos litigation. Both sides could spend hundreds of hours in preparation to question an expert. Experts can charge thousands of dollar per day. Therefore, it is essential for litigants to carefully examine and verify potential experts prior to their appointment. Failure to do this can result in a failed Daubert Challenge and losing cases.
New York has had a long history of industrialization. Many workers were exposed to asbestos. Many of these workers have developed asbestos-related diseases, such as mesothelioma as well as lung cancer. Those who have been affected by these diseases can recover compensation from the companies who exposed them to asbestos.
Asbestos suits are common in New York and the judges are knowledgeable about the issue. The courts, for example speed up trials for patients who are terminally ill and consolidate cases when needed to reduce the cost of trial. The courts also regularly review their discovery process to ensure that they are efficient and up-to date.
In a case that is notable, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements made by plaintiffs' experts did not suffice to prove causation. The case was re-argued by defendants, and a ruling is expected to be issued soon.
The court's ruling is expected to have an impact on asbestos litigation across New York. At present, mesothelioma lawyer firms fill the air with commercials urging victims to file asbestos 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 related to the millions of dollars he made by directing asbestos cases to his firm.
In addition to these legal developments, New Yorkers must continue to be vigilant about possible asbestos exposure at work and in their communities. Asbestos-related lawsuits are on the rise and New York is among the most prominent jurisdictions for mesothelioma verdicts.
Summary Judgment
A New York asbestos attorney can help you receive the compensation you deserve.
Asbestos exposure often leads to serious diseases, such as mesothelioma and lung cancer. These diseases are agressive and have a long period of latency which means that patients may only have begun suffering from symptoms as recently as 20 or 25 years after the initial exposure. Fortunately, there are steps that workers can take to safeguard themselves from asbestos exposure and avoid a recurrence of illnesses. In recent years the asbestos litigation landscape has undergone several major changes. In 2015 the political establishment of New York was shook to its core by the conviction of Sheldon Silver for 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 shaken the new Albany landscape. Justice Sherry Klein Heitler was replaced as the longtime manager of the NYCAL docket in 2021 amidst reports that she had given the "red carpet treatment" to asbestos-related claims filed by Weitz & Luxenberg. Following this reshuffle Justice Peter Moulton has taken the reigns of NYCAL. His decisions have made it difficult for defendants to obtain summary judgement.
In Juni the year 2003, the Court of Appeals dealt NYCAL a harsh dose of reality, rejecting the cumulative exposure theory that was becoming popular in the litigation, and requiring plaintiffs to prove specific causation by proving it through scientific expression by their experts. This ruling gives 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 attorneys in their efforts to force plaintiffs to prove a causal link between asbestos-related diseases and products to which they were exposed. This decision places on plaintiffs the obligation 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 significant 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 and various other illnesses, but the law requires plaintiffs to establish the specific exposure to products produced by particular defendants in order to prevail on their claims.
This is a difficult standard to achieve, particularly in NYCAL where a single judge manages the entire NYC asbestos litigation. In the 16 years since Parker, New York courts have struggled to apply the principles from the case. In 2016, for example, the First Department in Matter of NYC Asbestos Litigation (Juni) found that a plaintiff's testimony that he "regularly exposed" himself to asbestos-containing friction products was not sufficient under Nemeth to satisfy specific causation.
Juni has placed a heavy burden on defendants and could oblige them to to settle their claims for a lower amount than what they are entitled to. A mesothelioma attorney in NYC can explain the benefits of filing a suit and the options for financial restitution if you are diagnosed with mesothelioma or any other asbestos-related diseases.
New York State was the second-most popular jurisdiction for mesothelioma suits in the year 2019. It was the sole handler of 6% of all asbestos litigation across the country. It is estimated that around 13,000 patients have been diagnosed with mesothelioma within the state. The majority of victims were contractors or workers exposed to asbestos in industrial applications.
The signs of mesothelioma generally don't manifest until between 25 to 50 after the initial exposure. Many asbestos patients are fighting to get the compensation they deserve for medical expenses loss of wages, companionship loss, in addition to damages.
While it is important to file a mesothelioma lawsuit promptly, it is also crucial to partner with a seasoned mesothelioma attorney who can assist you in obtaining the highest amount of financial restitution that is possible. Contact a mesothelioma lawyer in NYC to set up a no-cost, no-obligation appointment. Your lawyer can help you determine your rights to financial compensation from an asbestos trust fund.
Damages
If you're suffering from mesothelioma or a similar asbestos-related condition, 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 suffering loss of quality, funeral and burial costs, and other costs. A seasoned New York asbestos lawyer will investigate the responsible parties to collect evidence and support your claim. After this, your lawyer may file a lawsuit in civil court before the time limit expires.
The courts are well-versed in asbestos lawsuits, and they have dockets that are specifically designed to streamline the process. They speed up trials for terminally ill plaintiffs and also group similar cases together. Judges who handle these cases are trained to ensure justice and are aware of the increased risks associated with asbestos.
According to a recent study, New York City is the national center for asbestos litigation. Asbestos-related victims have claimed billions of dollars in settlements and verdicts. Mesothelioma is a deadly form of cancer, is caused by asbestos fibers. It is a rare and fatal disease, but lawsuits against companies that exposed workers to asbestos cancer-causing substance have helped compensate victims for their suffering.
These lawsuits are designed to punish corporate wrongdoers as well indemnizing victims of mesothelioma or other asbestos-related diseases. These lawsuits seek punitive damages awards in addition to compensatory damages. The lawsuits are designed to discourage the defendant from engaging in similar behavior in the future.
Bloomington asbestos lawyers gives defendants hope that they will stay clear of punitive damages. They were in danger of huge judgments in the past, in the belief that their conduct was so indecent that they would have to pay damages for punitive harm to deter other people from following their example.
Now, with the ruling in favor of plaintiffs, firms named as defendants in NYCAL cases can expect to be dismissed in a significant proportion of their cases. Even if they were dismissed, they would still have to pay legal fees to defend a case they didn't deserve to be involved in.