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 common mesothelioma patient in the country in the year 2019.
Recent NYCAL decisions will have a profound impact on the defense of asbestos suits. These decisions will likely result in a number of summary judgment motions based on the defendant's fiber/cc tests and expert reports that place any exposure that can be deemed respirable below an ambient exposure threshold.
Expert Testimony
New York asbestos attorneys rely heavily on the testimony of expert witnesses to support their client's claims. Asbestos litigation can be extremely expensive, and expert witness fees account for a significant percentage of the total cost. 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 essential for litigants to examine and verify potential experts prior to their appointment. Failure to do this could result in a failed Daubert challenge or losing cases.
New York has a rich industrial past, and a lot of workers have been exposed to toxic asbestos. Many of these workers have developed asbestos-related diseases, such as mesothelioma and cancer of the lung. Anyone who has been affected by these diseases are entitled to compensation from companies that exposed them to asbestos.
Asbestos lawsuits are a common event in New York, and judges are aware of the issues that arise. The courts, for instance speed up trials for seriously ill plaintiffs and combine cases when necessary to cut down on trial costs. The courts also periodically 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 prove causation. The defendants appealed the case and a decision is expected in the near future.
The court's decision is likely to have a major impact on asbestos litigation in New York. Mesothelioma lawyers have been bombarding television during the day with ads that encourage asbestos victims to file suits, promising huge settlements. The niche litigation was especially lucrative for plaintiffs’ attorneys who repaid millions of referral fees to Sheldon Silver. Silver was recently convicted of federal corruption charges relating to the millions he earned by directing asbestos cases to their firm.
In addition to these legal developments, New Yorkers need to continue to be vigilant about possible asbestos exposure in their work environments and communities. Asbestos lawsuits are on the rise and New York is one of top jurisdictions in mesothelioma verdicts.
Summary Judgment
A New York asbestos attorney can assist you in obtaining the compensation that you deserve.
Asbestos exposure can lead to serious illnesses like mesothelioma and lung cancer. These diseases are agressive and have a long period of latency which means that the victims could start feeling symptoms as recent as 20 or 25 years after their first exposure. There are steps workers can take to avoid asbestos exposure and the development of a future illness. In recent years the asbestos litigation landscape has seen a number of significant changes. In 2015 the political establishment in New York was shook to its foundation by the conviction of Sheldon S. Silver for federal corruption charges. Silver's convictions for corruption were a result of his covert 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 removed as the long-time manager of the NYCAL docket in 2021 amid reports that she'd given the "red carpet treatment" to asbestos claims filed by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the wake of this shake-up. His decisions have put a huge burden on defendants, making it virtually impossible for them to get summary judgment.
In Juni, the Court of Appeals gave NYCAL an ominous dose of reality by denying the cumulative exposure theory that was popular in the litigation. Instead it demanded that plaintiffs establish specific causation with sufficient scientific expression from their experts. This decision gives New York asbestos defense attorneys an effective tool to defend against claims of fraudulent and speculative claims.
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. In this case plaintiffs must demonstrate that their asbestos-related condition was caused by specific friction materials or linings 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 causation. 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 products manufactured by specific defendants in order to be successful in 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 Parker, New York courts have been unable to apply the principles outlined in that 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 friction products containing asbestos 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 attorney in NYC can explain to you the benefits of filing a lawsuit and your options for financial compensation if have been diagnosed with mesothelioma.
New York State was the second most popular mesothelioma-related jurisdiction suits in 2019. It handled 6percent of all national asbestos litigation. Around 13,000 people have been diagnosed with the disease in New York. The majority of patients were workers or contractors exposed to asbestos in industrial applications.
The symptoms of mesothelioma don't typically apparent until 25 to 50 years after the first exposure. Many asbestos victims are now fighting for the compensation they require to cover medical expenses as well as lost wages, loss of companionship, and other damages.
It is essential to file your mesothelioma suit in a timely fashion however, it is vital to work with an attorney for mesothelioma who can assist you in obtaining the most monetary restitution. Contact a mesothelioma lawyer in NYC today to set up a free, no-obligation consultation. Daly City asbestos attorneys can help you determine your rights to financial restitution from an asbestos trust fund.
Damages
If you're suffering from mesothelioma or another asbestos-related illness, a successful lawsuit could pay your family members for their losses. Compensation could cover your medical expenses, lost income due to being unable to work, home care expenses, pain and suffering, mental anxiety and loss of quality of life, and funeral and burial costs. A seasoned New York asbestos lawyer will investigate the responsible parties to gather evidence and support your claim. Your lawyer will then start a civil lawsuit before the statute of limitations expires in your state.
The courts have specialized dockets for asbestos cases to streamline the process. They expedite trials for terminally-ill plaintiffs and group similar cases. Additionally, the judges handling these cases are aware of the increased risk of asbestos exposure and are trained to ensure justice is done.
According to a study conducted recently, New York City is the main hub in the country for asbestos litigation. Asbestos victims have claimed billions of dollars in settlements and verdicts. Mesothelioma is a cancer that can be fatal that is caused by exposure to hazardous asbestos fibers. It is a rare and fatal illness, but lawsuits brought against companies that exposed workers to asbestos cancer-causing substance have aided in compensating victims for their suffering.
These lawsuits aim to punish corporate wrongdoers as as compensating victims of mesothelioma or other asbestos-related illnesses. The lawsuits seek punitive damages which are granted in addition to compensatory damages. The lawsuits are meant to discourage the defendant from engaging in similar conduct in the future.
The NYCAL decision gives defendants hope that they will stay clear of punitive damages. They faced the prospect of massive judgments in the past with the theory that their conduct had been so egregious, that they should pay punitive damage awards to discourage others from committing the same offense.
With the decision in favor of plaintiffs, it is likely that a lot 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 did not deserve to be involved in.