New York Asbestos Litigation
New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma is an asbestos-related serious illness that has prolonged latency.
Recent NYCAL decisions are likely to have a significant impact on the defense of asbestos lawsuits. These decisions could result in a significant number of summary judgment motions based upon the test results of the defendant's fiber/cc and expert reports that place any respirable exposure under an ambient exposure threshold.
Expert Testimony
New York asbestos lawyers rely heavily on expert witness testimony to prove their clients' claims. Asbestos litigation is expensive and expert witness fees represent a significant proportion of total case costs. Lawyers for both sides could spend hours prepping to interview an expert, and experts can charge thousands of dollars per day. It is crucial that litigants conduct thorough examine and verify potential experts in advance. If they don't, it could result in a shaky Daubert Challenge and lost cases.
New York has had a long industrial history. Many workers were exposed to asbestos. Many of these workers have been diagnosed with asbestos-related diseases, such as mesothelioma and lung cancer. They can seek compensation from the businesses who exposed them to asbestos.
Asbestos suits are common in New York and the judges are well-versed in the subject. The courts, for example, expedite trials in cases of terminally ill plaintiffs and consolidate cases when needed to reduce trial costs. In addition the courts are regularly reviewing their discovery procedures to make sure they are current and efficient.
In a notable case, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements made by plaintiffs' experts did not suffice to prove causality. The defendants filed an appeal and the decision is expected to be made soon.
The court's decision is expected to have an impact on asbestos litigation throughout New York. The mesothelioma lawyers are bombarding the daytime TV with ads which encourage victims to file asbestos lawsuits, promising huge settlements. The niche litigation has been particularly lucrative for plaintiffs' attorneys, who have paid millions of dollars in referral fees to former Assembly Speaker Sheldon Silver, who was recently convicted on federal corruption charges that relate to the millions of dollars he made by directing asbestos cases to his firm.
New Yorkers must continue to be aware in their workplaces and in their communities regarding asbestos exposure. Asbestos-related lawsuits are increasing and New York is among the the top jurisdictions for mesothelioma cases.
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 aggressive, and they have a long latency time. This means that victims may not be suffering from symptoms until 20 or 25 years following their first exposure. There are ways for workers to protect themselves against asbestos exposure and prevent future illnesses. In recent years the asbestos litigation scene has seen major changes. The most significant change came in 2015 in which the New York political establishment was shaken to the core following the conviction on federal corruption charges against former Assembly Speaker Sheldon Silver. Silver's corruption convictions stemmed from his secretly working at the law firm of Weitz & Luxenberg, which employed him to earn millions of dollars in referral fees for the firm.
The new Albany landscape has also been shattered by the courtroom politics of the NYCAL docket. Justice Sherry Klein Heitler was removed as the long-time director of the NYCAL docket in 2021 amidst reports that she had given the "red carpet treatment" to asbestos claims brought by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the wake of this shake-up. His decisions have made it more difficult for defendants to obtain the benefit of a summary judgement.
In Juni the year 2003, the Court of Appeals gave NYCAL a hard dose of reality by rejecting the theory of cumulative exposure that was popular in the litigation. Instead it required plaintiffs prove causation with sufficient scientific expression from their experts. This ruling gives New York asbestos defense attorneys an effective tool to defend against claims of speculative and fraudulent claims.
In Reid v Abex, the Court of Appeals also gave asbestos defense attorneys a boost in their efforts to require plaintiffs to prove that there is a causal link between their asbestos-related condition and the particular products that they were exposed to. This decision imposes on plaintiffs the obligation to prove that their condition was caused by the specific linings and friction materials that were supplied by the defendant, and not general exposure to asbestos in the workplace.
Causation
The most difficult challenge facing defendants in asbestos cases is the need to prove that there is a causal link. The general consensus is that exposure to asbestos-containing substances can trigger mesothelioma and other diseases. However Warwick asbestos attorneys requires that plaintiffs prove specific exposure to products produced by certain defendants in order for their claims to be considered valid.
This is a tough standard to achieve, particularly in NYCAL where a single judge oversees the entire NYC asbestos litigation. In the 16 years that have passed since Parker, New York courts have struggled to apply the principles of the case. In 2016, for example, the First Department in Matter of NYC Asbestos Litigation (Juni) found that a plaintiff's declaration that he "regularly exposed" himself to friction products containing asbestos was not sufficient under Nemeth to satisfy specific causality.
Juni has put a huge burden on defendants in NYCAL and could make them settle their claims for less than they are entitled to. A mesothelioma lawyer from NYC can explain the advantages of filing suit and your options to receive financial compensation if you have been diagnosed with mesothelioma.
New York state was the second most popular jurisdiction for mesothelioma lawsuits in the year 2019 and is responsible for about 6% of the national asbestos litigation. As many as 13,000 people are estimated to have been diagnosed with the disease in New York. Most of the victims were contractors or workers exposed to asbestos in industrial applications.
The signs of mesothelioma aren't typically evident until between 25 and 50 years after exposure. Many asbestos victims are fighting for the compensation they need to cover medical expenses loss of wages, companionship loss, among other damages.
While it is important to make a mesothelioma claim in a timely manner however, it is equally important to work with an experienced mesothelioma lawyer who will assist you in obtaining the highest amount of financial restitution that is possible. Contact a mesothelioma attorney in NYC today to set up a free no-obligation consultation. Your lawyer can help you determine if you are qualified for financial compensation from an asbestos trust.
Damages
If you're suffering from mesothelioma or a similar asbestos-related condition, a successful lawsuit can compensate your family's losses. Compensation can cover medical bills, lost income due to being unable to work, home care expenses, pain and suffering, mental anguish and loss of quality of life, and funeral and burial costs. A seasoned New York asbestos lawyer will examine the parties responsible to gather evidence and support your claim. After that, your lawyer can bring a lawsuit in civil court before the state's statute of limitations expires.
The courts are familiar with asbestos lawsuits and have specialized dockets to help speed up the process. They expedite trials for terminally-ill plaintiffs and group similar cases. Judges who handle these cases have been instructed to ensure justice and are aware of the increased risks associated with asbestos.
According to a study conducted recently, New York City is the nation's hub for asbestos litigation. Asbestos victims have claimed billions of dollars in settlements and verdicts. Mesothelioma is a fatal cancer caused by exposure to dangerous asbestos fibers. It is an uncommon, incurable cancer. However lawsuits filed against companies that exposed workers to asbestos fibers have helped compensate victims.
These lawsuits are designed to punish corporate wrongdoers as indemnizing victims of mesothelioma or other asbestos-related diseases. These lawsuits seek punitive damages awards that are 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 hope that they can avoid punitive damages. They were in danger of huge judgments in the past on the basis that their conduct had been so bad that they should pay punitive damages to deter other people from following their example.
Now, with the ruling in favor of plaintiffs, firms named as defendants in NYCAL cases are likely to be dismissed in a substantial percentage of their cases. This is because even if they get dismissed, they will still have to spend money on legal fees to defend a case they did not deserve to be involved in.