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 a long period of latency, is the second most common mesothelioma-related case in the United States in 2019.
Recent NYCAL decisions will have a profound effect on the defense of asbestos lawsuits. These decisions will likely result in extensive summary judgement motion practice focusing on the defendant's fiber/cc test as well as expert reports that place any respirable exposure under an ambient exposure threshold.
Expert Testimony
New York asbestos attorneys rely heavily on the testimony of expert witnesses to prove their clients' claims. Asbestos litigation can be extremely expensive and expert witness costs account for a significant percentage of the total costs. Lawyers for both sides could spend a lot of time prepping to interview an expert, and experts can charge thousands of dollars per day. For this reason, it is important for litigants to thoroughly research and vet potential experts prior to hiring them. In the absence of doing so, it could 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 diseases, such as mesothelioma as well as lung cancer. Those who have suffered from these ailments can recover compensation from the companies who exposed them to asbestos.
Asbestos lawsuits are an everyday in New York, and judges are aware of the issues that arise. For instance, the courts expedite trials for terminally sick plaintiffs, and they often consolidate cases to lower trial expenses. The courts also regularly review their discovery process to ensure that it is effective and current.
In a notable case, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements made by plaintiffs' experts were not sufficient to establish causality. The defendants filed an appeal and a decision is expected soon.
The court's decision is likely to have a major impact on asbestos litigation in New York. There are currently mesothelioma-specific law firms fill the air with ads urging victims to bring asbestos lawsuits, promising massive settlements. The specialized 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 relating to the millions of dollars he made from directing asbestos cases to his firm.
In addition to these legal developments, New Yorkers should remain vigilant about possible asbestos exposure in their workplaces and communities. Asbestos-related lawsuits are on the rise 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 compensation you're due.
Asbestos exposure often leads to serious illnesses, such as mesothelioma as well as lung cancer. These illnesses are extremely serious and have a long time of latency which means that patients may be suffering from symptoms as recently as 20 or 25 years after their first exposure. There are steps that workers can take to reduce the risk of asbestos exposure and future illness. In recent years the asbestos litigation landscape has undergone several major changes. The most significant change occurred in 2015 in which the New York political establishment was shaken to its foundation following the conviction on federal corruption charges of former Assembly Speaker Sheldon Silver. Silver's corruption convictions stemmed from his secretly working at 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 shattered by the courtroom political machinations of the NYCAL docket. The long-time head of the NYCAL docket, Justice Sherry Klein Heitler, was replaced in 2021 amid reports that she provided the "red-carpet treatment" to asbestos cases filed 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 nearly impossible for them to get summary judgment.
In Juni, the Court of Appeals dealt NYCAL with a brutal dose of truth, rejecting the cumulative exposure theory that had become fashionable in the court case and requiring plaintiffs to prove the causation of their claims with sufficient scientific explanation by their experts. This ruling provides New York asbestos attorneys a powerful weapon to defend against allegations that claims are speculative or fraudulent.
In Reid v Abex, the Court of Appeals also gave asbestos defense attorneys support for their efforts to require plaintiffs to prove a specific causal link between their asbestos-related disease and the specific products they were exposed to. In this ruling plaintiffs are required to prove that their asbestos-related illness was caused by specific friction materials or linings supplied by the defendant rather than general workplace exposure to asbestos.
Causation
The most significant challenge facing defendants in asbestos cases 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 causes mesothelioma and other illnesses, but the law requires plaintiffs to establish specific exposure to certain products made by particular defendants to prevail on their claims.
This is a difficult standard to meet, especially in NYCAL where a single judge oversees the entire NYC asbestos litigation. In the 16 years since Parker, New York courts have struggled to apply the principles of that case. In 2016, for instance 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 causality.
Juni has placed a significant burden on defendants in NYCAL and may make them settle their claims for less than what they are entitled to. A mesothelioma lawyer in NYC can explain the advantages of filing a lawsuit and your 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 mesothelioma-related jurisdiction suits in 2019. It handled about 6% of the national asbestos litigation. It is estimated that around 13,000 people have been diagnosed with mesothelioma in the state. The majority of those affected are contractors or workers who were exposed to asbestos as it was employed in industrial applications.
The signs of mesothelioma generally are not evident until the age of 25 to 50 after the initial exposure. Many asbestos victims are fighting to get the compensation they deserve to cover medical expenses loss of wages, companionship loss, in addition to damages.
While it is essential to make a mesothelioma claim promptly but it is also essential to work with an experienced mesothelioma lawyer who can assist you in obtaining the highest financial restitution possible. Contact a mesothelioma attorney in NYC today to set up a free, no-obligation consultation. Your attorney can help you determine if you're eligible to receive financial compensation from an asbestos trust.
Damages
If you have mesothelioma, or a similar asbestos-related condition A successful lawsuit could help your family recover losses. Compensation can 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 expenses. An experienced New York asbestos lawyer will examine the parties responsible to gather evidence and prove your claim. Your lawyer can then bring a civil suit before the statute of limitations runs out in your state.
Odessa asbestos lawyers are well-versed in asbestos lawsuits and have specialized dockets to help simplify the process. They accelerate trials for terminally ill plaintiffs and put similar cases together. Additionally, the judges handling these cases are aware of the increased dangers associated with asbestos exposure and are trained to ensure that justice is done.
According to a research study conducted recently, New York City is the main hub in the country for asbestos litigation. Asbestos-related victims received billions of dollars in settlements and verdicts. Mesothelioma is a fatal cancer that is caused by exposure to hazardous asbestos fibers. It is a rare, incurable type of cancer. However, lawsuits filed against companies who exposed workers to asbestos fibers have helped compensate victims.
These lawsuits are designed to punish corporate wrongdoers as well as compensating victims of mesothelioma or other asbestos-related illnesses. The lawsuits seek punitive damages, which are granted in addition to compensatory damages. They are intended to deter the defendant's conduct in the future and discourage others from taking part in a similar course of action.
The NYCAL decision gives defendants the chance to avoid punitive damages. They were in danger of massive judgments in the past on the basis that their conduct was so bad that they would have to pay punitive damages to deter other people from committing the same offense.
With the decision in favor of plaintiffs, businesses named as defendants in NYCAL cases are likely to be dismissed in a significant portion of their cases. This is because even if they're dismissed, they will still be required to pay legal costs to defend a case that they did not deserve to be involved in.