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 latency, is the second most frequent mesothelioma patient in the country in 2019.
Recent NYCAL decisions will have a significant impact on the defense of asbestos lawsuits. These decisions will likely result in extensive summary judgement motion practice focused on the defendant's fiber/cc test as well as expert reports placing any exposure that is deemed to be respirable below an ambient exposure threshold.
Expert Testimony
New York asbestos lawyers rely heavily on expert witness testimony to prove their clients their claims. Expert witness fees can be a a large percentage of the total costs in asbestos litigation. Lawyers for both sides could spend hundreds of hours in preparation to question an expert, while experts can charge thousands of dollars per day. Therefore, it is essential that litigants examine and verify potential experts prior to contacting them. Failure to do this could result in a failed 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 illnesses, like mesothelioma or lung cancer. People who have suffered from these ailments can seek compensation from the companies who exposed them to asbestos.
Asbestos lawsuits are a regular occurrence in New York, and judges are familiar with the issues that arise. For instance, the courts speed up trials for terminally ill plaintiffs, and they often consolidate cases to lower costs for trial. In addition the courts are regularly reviewing their discovery procedures to make sure they are up-to-date and effective.
In a case that is notable, Brown v. Weitz & Luxenberg in which the First Department held that conclusory statements of exposure cumulatively made by the plaintiffs' experts were insufficient to establish the causation in asbestos cases. The defendants appealed the decision and a decision is expected in the near future.
The court's decision is likely to impact asbestos litigation throughout New York. There are currently mesothelioma-specific law firms pepper daytime TV with commercials urging victims to bring asbestos lawsuits, promising massive settlements. The specialized litigation has been particularly lucrative for plaintiffs' lawyers who have repaid 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 by directing asbestos cases to his firm.
New Yorkers should continue to be aware in their workplaces, and communities about asbestos exposure. Asbestos lawsuits have been increasing and New York is among the most prominent jurisdictions for mesothelioma verdicts.
Loveland asbestos lawyer can assist you in obtaining the compensation you deserve.
Asbestos exposure could lead to serious diseases like mesothelioma or lung cancer. These illnesses are extremely serious and have a long latency period which means that patients may be feeling symptoms as recent as 20 or 25 years after their first exposure. Fortunately, there are steps that workers can take to safeguard themselves from asbestos exposure and avoid a recurrence of disease. A number of major changes have taken place in the asbestos litigation landscape in recent years. In 2015, the political establishment in New York was shook to its core by Sheldon Silver's conviction for federal corruption charges. Silver's convictions for corruption stemmed from his shady employment at the law firm Weitz & Luxenberg. He utilized 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 following reports that she had given the "red carpet treatment" to asbestos claims brought by Weitz & Luxenberg. Following this reshuffle Justice Peter Moulton has taken the reigns of NYCAL. His decisions have made it difficult for defendants to get the benefit of a summary judgement.
In Juni, the Court of Appeals gave NYCAL an ominous dose of reality by rejecting the cumulative exposure theory that was popular in the litigation. Instead it demanded that plaintiffs establish specific causation using sufficient scientific proof from their experts. This decision gives New York asbestos defense attorneys a powerful tool to defend against claims of fraudulent and speculative claims.
In Reid v. Abex, the Court of Appeals also gave asbestos defense attorneys support for their efforts to require plaintiffs to establish the existence of a specific causal connection between their asbestos-related disease and the specific products they were exposed to. In this decision plaintiffs are required to prove that their asbestos-related disease was caused by specific friction materials or linings offered by the defendant rather than general workplace exposure to asbestos.
Causation
The defendants will have to prove that asbestos caused the disease. The general consensus is that exposure to asbestos-containing substances can trigger mesothelioma and other diseases. However the law requires plaintiffs to demonstrate specific exposure to the products made by certain defendants in order for their claims to be successful.
This is a difficult standard to meet, particularly in NYCAL where a single judge oversees all NYC asbestos litigation. In the 16 years that have passed since Parker, New York courts struggle to apply the rules from the case. In 2016, the First Department in Matter of NYC Asbestos Litigation, (Juni), ruled that an expert's evidence that a plaintiff "regularly" exposed himself to friction products containing asbestos was not sufficient to satisfy the requirement of specific causality under Nemeth.
Juni has placed a huge burden on defendants and may force them to settle their claims for less than they are entitled. A mesothelioma attorney in NYC can explain the advantages of filing a suit and the 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 mesothelioma-related jurisdiction suits in the year 2019. It handled 6% of all asbestos litigation across the country. As many as 13,000 people have been diagnosed with the disease in New York. The majority of patients were contractors or workers exposed to asbestos in industrial applications.
The symptoms of mesothelioma don't usually evident until between 25 and 50 years after exposure. Many asbestos victims are fighting for the compensation they require for medical expenses, lost wages and companionship loss, in addition to other damages.
It is crucial to file your mesothelioma suit in a timely fashion, but it is also vital to work with mesothelioma lawyers who can help you seek the most monetary restitution. Contact a mesothelioma lawyer in NYC to set up a free appointment, no-obligation. Your lawyer can help you determine your rights to financial compensation from an asbestos trust fund.
Damages
If you suffer from mesothelioma or a similar asbestos-related condition, a successful lawsuit can help your family recover losses. Compensation could cover your medical expenses, lost income from being unable to work, home care expenses as well as pain and suffering, mental anguish, loss of quality of life, as well as 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 will bring a lawsuit in civil court before the statute of limitations runs out.
The courts have dockets that are specially designed for asbestos cases to streamline the process. They speed up trials for plaintiffs who are terminally ill and group similar cases together. Judges who handle these cases are trained 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 cancer that can be fatal caused by exposure to dangerous asbestos fibers. It is a rare, incurable cancer. However lawsuits filed against companies who exposed workers to asbestos fibers have resulted in compensation for victims.
These lawsuits are designed to punish corporate wrongdoers as in compensating mesothelioma victims or other asbestos-related illnesses. These lawsuits seek punitive damages awards, which are in addition to compensatory damages. They are designed to deter the defendant's actions in the future and deter others from taking part in the same course of action.
However the NYCAL decision offers defendants an opportunity to win their struggle to stay out of punitive damages. Prior to this, they faced the possibility of huge judgments in these cases according to the prevalent view that their conduct was so indefensible that they had to pay punitive damages in order to discourage 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 dismissed. Even if they were to be dismissed but they'd still have to pay legal fees to defend a case they didn't have a right to be involved in.