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 period, is the second most prevalent mesothelioma patient in the country in the year 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 motion practice focusing on the defendant's fiber/cc test as well as expert reports placing any respirable exposure under an exposure threshold for ambient conditions.
Expert Testimony
New York asbestos attorneys rely heavily on the testimony of expert witnesses to prove their clients' claims. Mountain View asbestos lawsuit can be a a large percentage of the total costs in asbestos litigation. Both sides can spend hundreds hours in preparation to question an expert. Experts can charge thousands of dollar per day. It is therefore important that litigants conduct thorough study and evaluate potential experts in advance. Failure to do this could result in a failed Daubert challenge and lost cases.
New York has a rich industrial past, and many workers have been exposed to asbestos, which is toxic. Many of these workers have suffered asbestos-related illnesses, including mesothelioma and cancer of the lung. People who have suffered from these conditions can seek compensation from the companies who exposed them to asbestos.
Asbestos suits are quite common in New York and the judges are knowledgeable about the issue. For example, the courts speed up trials for terminally sick plaintiffs, and they often combine cases to cut down on costs for trial. In addition, courts regularly review their discovery procedures to ensure they are up-to-date and effective.
In one notable case, Brown v. Weitz & Luxenberg, the First Department held that conclusory cumulative exposure statements by the plaintiffs' experts were insufficient to establish causation in an asbestos case. The defendants appealed the case and the decision is expected to be made soon.
The court's decision is likely to have a profound impact on asbestos litigation in New York. There are currently mesothelioma-specific law firms fill the air with advertisements urging people to make asbestos lawsuits and promise massive settlements. The niche litigation has proven particularly lucrative for plaintiffs' attorneys, who have paid millions of dollars in referral fees to former Assembly Speaker Sheldon Silver, who was recently found guilty of federal corruption charges that relate to the millions of dollars he earned from directing asbestos cases to his firm.
New Yorkers should be vigilant in their workplaces, and communities about asbestos exposure. Asbestos lawsuits are increasing and New York is among the top jurisdictions in mesothelioma verdicts.
Summary Judgment
A New York asbestos attorney can assist you in obtaining the compensation you deserve.
Asbestos exposure can cause serious illnesses like mesothelioma and lung cancer. These diseases are aggressive, and they have a long time to develop. This means that patients might not be suffering from symptoms until 20 or 25 years after the initial exposure. There are ways for workers to safeguard themselves from asbestos exposure and prevent 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 foundation by the conviction of Sheldon S. Silver on federal charges of corruption. Silver's corruption convictions stemmed from a secret moonlighting at the law firm of Weitz & Luxenberg, which employed him to earn millions of dollars in referral fees for the firm.
The courtroom politics on the NYCAL docket have also shaken up the new Albany landscape. The long-time supervisor of the NYCAL docket, Justice Sherry Klein Heitler, was replaced in 2021 following reports that she gave the "red-carpet treatment" to asbestos cases brought by Weitz & Luxenberg. In the wake of this shakeup, Justice Peter Moulton has taken the reigns of NYCAL. His rulings have made it difficult for defendants to get the benefit of a summary judgement.
In Juni the year 2003, the Court of Appeals gave NYCAL an ominous dose of reality by denying the theory of cumulative exposure that was prevalent in the litigation. Instead, it demanded that plaintiffs establish a specific causation with sufficient scientific expression from their experts. This ruling gives New York asbestos attorneys a powerful weapon to defend against claims that claim they are speculative or fraudulent.
In Reid In Reid Abex the Court of Appeals supported asbestos defense attorneys in their efforts to compel plaintiffs to prove a causal link between asbestos-related diseases and 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 offered by the defendant, not general workplace exposure to asbestos.
Causation
The defendants must prove that asbestos contributed to the disease. It is generally accepted that exposure to certain asbestos-containing materials is a cause of mesothelioma, among other illnesses, but the law requires plaintiffs to prove specific exposure to products manufactured by particular defendants to be successful in their claims.
This is a tough standard to meet, especially in NYCAL where only one judge oversees all NYC asbestos litigation. In the 16 years since Parker, New York courts struggle to apply the rules from that case. In 2016, for example, the First Department in Matter of NYC Asbestos Litigation (Juni) decided that a plaintiff's expert evidence that he "regularly exposed" himself to asbestos-containing friction products was not sufficient under Nemeth to satisfy a specific causation.
Juni has placed a huge burden on defendants, and could make them pay less than what they are entitled to. An attorney for mesothelioma in NYC can explain the benefits of filing a lawsuit and your options for restitution in the event that you're diagnosed with mesothelioma, or other asbestos-related diseases.
New York state was the second most popular jurisdiction for mesothelioma-related lawsuits in 2019 and is responsible for 6percent of all asbestos litigation. Around 13,000 people have been diagnosed with the disease in New York. The majority of those affected have been workers or contractors who were exposed to asbestos as it was being used in industrial processes.
The signs of mesothelioma generally do not appear until 25 to 50 years after initial exposure. Many asbestos sufferers are fighting to get the compensation they need to cover medical expenses, lost wages, loss of companionship and other losses.
It is crucial to file your mesothelioma claim promptly, but it is also essential to work with mesothelioma lawyers who can help you seek the most monetary restitution. Contact a mesothelioma lawyer from NYC today to set up a free no-obligation consultation. Your attorney can help you determine if you are eligible for financial compensation from an asbestos trust.
Damages
If you're suffering from mesothelioma or any other asbestos-related illness, a successful lawsuit can pay for the losses of your family. Compensation could cover medical expenses 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. An experienced New York asbestos lawyer will examine the parties responsible to collect evidence and support your claim. After this, your lawyer may start a civil lawsuit in court before the time limit expires.
The courts are familiar with asbestos lawsuits and have specialized dockets to help speed up the process. They speed up trials for terminally ill plaintiffs and put similar cases together. Judges who handle these cases are trained to ensure justice and are aware of the increasing risk of asbestos exposure.
According to a study conducted recently, New York City is the nation's hub for asbestos litigation. Asbestos-related victims received billions of dollars in settlements and verdicts. Mesothelioma is a fatal cancer, is caused by asbestos fibers. It is a rare, incurable disease, however lawsuits filed against companies who exposed workers to the cancer-causing substance have aided in compensating victims for their suffering.
These lawsuits seek to penalize corporate wrongdoers as as compensating victims of mesothelioma or other asbestos-related illnesses. These lawsuits seek punitive damages awards, which are in addition to compensatory damages. The lawsuits are designed to discourage the defendant from repeating the same conduct in the future.
However the NYCAL decision offers defendants the chance to have a shot of hope in their fight to avoid punitive damages awards. In the past, they been facing the prospect of huge judgments in these cases according to the prevalent view that their conduct was so egregious that they must pay punitive damages to deter others from following their lead.
With the decision in favor of plaintiffs, it is expected that many of the companies that were named as defendants will be reprimanded. Even if they are dismissed but they'd still have to pay legal fees to defend a case they didn't have a right to be involved in.