New York Asbestos Litigation
New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma is a very serious asbestos-related cancer with a long period of latency, is the second most frequent mesothelioma case nationwide in 2019.
Recent NYCAL decisions are expected to have a major 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 that place any respirable exposure under an ambient exposure threshold.
Expert Testimony
New York asbestos attorneys rely heavily on the testimony of experts to prove their clients' claims. Expert witness fees can make up a a large percentage of the total cost of asbestos litigation. Lawyers for both sides could spend hours in preparation to confront an expert, while experts can charge thousands of dollars per day. Therefore, it is essential that litigants research and vet possible experts prior to interviewing them. In the absence of doing so, it could result in a sham Daubert challenge and lost 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 diseases, such as mesothelioma as well as lung cancer. They can claim compensation from the companies who exposed them to asbestos.
Asbestos suits are common in New York and the judges are familiarized with the issues. For instance, courts speed up trials for sick plaintiffs, and they often consolidate cases to lower the cost of trial. The courts also examine their discovery procedures to ensure that it is effective and up-to-date.
In a case that is notable, Brown v. Weitz & Luxenberg, the First Department held that conclusory statements on exposure cumulatively made by the plaintiffs' experts were insufficient to establish the causality in an asbestos case. The case was then appealed by the defendants, and a ruling is expected soon.
The court's decision is expected to have a major impact on asbestos litigation in New York. At present, mesothelioma lawyer firms fill the air with advertisements urging people to make asbestos lawsuits and promise huge settlements. The niche litigation was particularly lucrative for plaintiffs' lawyers who paid millions of referral fees to Sheldon Silver. Silver was recently found guilty of federal corruption charges in relation to the millions he earned by sending asbestos cases to their firm.
In addition to these legal developments, New Yorkers must remain vigilant about possible asbestos exposure at work and in their communities. Asbestos lawsuits have been on the rise and New York is among the most prominent jurisdictions for mesothelioma verdicts.
Summary Judgment
A New York asbestos attorney can assist you in receiving the compensation you deserve.
Asbestos exposure can lead to serious illnesses like mesothelioma and lung cancer. These diseases are aggressive and have a long time of latency, meaning that victims may start suffering from symptoms as recently as 20 or 25 years after their initial exposure. There are steps that workers can take to avoid asbestos exposure and a subsequent disease. In Tulsa asbestos lawyer , the asbestos litigation landscape has undergone several major changes. In 2015 the political establishment in New York was shook to its core by Sheldon Silver's conviction on federal charges of corruption. Silver's convictions for corruption stemmed from his 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. Justice Sherry Klein Heitler was removed as the long-time director of NYCAL docket in 2021 amidst reports that she had provided the "red carpet treatment" to asbestos-related claims filed by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the following shake-up. His rulings have made it difficult for defendants to get the benefit of a summary judgement.
In Juni, the Court of Appeals dealt NYCAL a harsh dose of truth, rejecting the cumulative-exposure theory that had become fashionable in the litigation and requiring plaintiffs to prove specific causation by proving it through scientific evidence from their experts. This ruling gives New York asbestos attorneys a strong argument against allegations that claims are fraud or speculative.
In Reid In Reid Abex the Court of Appeals supported asbestos defense attorneys in their efforts to compel plaintiffs to establish a causal connection between asbestos-related illnesses and the products to which they were exposed. In this ruling plaintiffs must prove that their asbestos-related disease was caused by specific friction materials or linings supplied by the defendant, rather than general exposure to asbestos in the workplace.
Causation
The defendants must demonstrate that asbestos caused the disease. It is generally accepted that a person's exposure to certain asbestos-containing materials causes mesothelioma and 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 only one judge oversees all NYC asbestos litigation. In the 16 years since the decision of Parker, New York courts have struggled to apply the principles outlined in that case. In 2016, the First Department in Matter of NYC Asbestos Litigation, (Juni) decided the testimony of an expert that plaintiff "regularly" exposed himself to friction products that contained asbestos was not enough to establish the requirements of causality specific to Nemeth.
Juni has placed a heavy burden on defendants and could oblige them to pay an amount lower than what they are entitled to. A mesothelioma attorney in NYC can explain the benefits of filing a suit and the options for restitution in the event that you're diagnosed with mesothelioma or any other asbestos-related illnesses.
New York State was the second-most popular jurisdiction for mesothelioma suits in 2019. It handled about 6% of the national asbestos litigation. It is estimated that up to 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 victims are fighting to get the compensation they deserve for medical expenses as well as lost wages and companionship loss, in addition to other damages.
While it is crucial to start a mesothelioma lawsuit promptly, it is also crucial to partner with a seasoned mesothelioma attorney who can assist you in obtaining the highest financial restitution possible. Contact a mesothelioma attorney from NYC to set up a no-cost appointment, no-obligation. 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 could compensate your family's losses. Compensation could cover medical expenses and lost wages resulting from inability to work, home care expenses, mental stress and pain loss of quality funeral and burial costs, as well as other expenses. A seasoned New York asbestos lawyer will examine the parties responsible to collect evidence and support your claim. After that, your lawyer will bring a lawsuit in civil court before your state's statute of limitations runs out.
The courts have dockets that are specially designed for asbestos cases that streamline the process. They speed up trials for plaintiffs with terminal illnesses and also group similar cases together. The judges who are handling these cases have been instructed to ensure justice and are aware of the higher risks associated with asbestos.
According to a study conducted recently, New York City is the main hub in the country for asbestos litigation. Asbestos-related victims have claimed billions of dollars in settlements and verdicts. Mesothelioma is a fatal cancer caused by exposure to harmful asbestos fibers. It is a rare, incurable disease, however lawsuits filed against companies that exposed workers to asbestos cancer-causing substance have aided in compensating victims for their suffering.
In addition to compensating the victims of mesothelioma as well as other asbestos-related illnesses, these lawsuits are aimed at securing the retribution of corporate wrongdoers. The lawsuits seek punitive damages which are given in addition to compensatory damages. They are intended to discourage the defendant's behavior in the future and deter others from taking part in the same course of action.
The NYCAL decision gives defendants hope that they can stay clear of punitive damages. Previously, they had been facing the prospect of huge judgments in these cases with the prevailing theory that their conduct was so outrageous that they must pay punitive damages to prevent others from following their lead.
With the ruling in favor plaintiffs, it is expected that many of the businesses named as defendants will be disqualified. This is because even if they get dismissed, they'll need to incur legal fees to defend a case that they did not merit to be involved in.