New York Asbestos Litigation
New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma is an asbestos-related disease that is serious and has long latency times.
Recent NYCAL decisions are likely to have a significant impact on the defense of asbestos lawsuits. These decisions will likely result in a significant number of summary judgment motions based on the asbestos defendant's tests for fiber/cc as well as expert reports that put any exposure that is deemed to be respirable under an ambient exposure threshold.
Expert Testimony
New York asbestos attorneys rely heavily on the testimony of expert witnesses to back up their client's claims. Asbestos litigation can be extremely expensive and expert witness fees account for a significant percentage of total case costs. Lawyers on both sides could spend a lot of time in preparation to confront an expert, while experts can charge thousands of dollars per day. This is why it is crucial for litigants to thoroughly examine and verify potential experts prior to their appointment. Failure to do so can result in a failed Daubert challenge or losing cases.
New York has a rich industrial past, and many workers have been exposed to asbestos, which is toxic. Many of these workers have developed asbestos-related illnesses, like mesothelioma, lung cancer, and so on. Anyone who has been affected by these diseases can recover compensation from the companies that exposed them to asbestos.
Asbestos lawsuits are a regular in New York, and judges are well-versed in the issues involved. For instance, courts speed up trials for terminally patients, and often consolidate cases to reduce the cost of trial. Additionally courts frequently review their discovery procedures to ensure that they are current and efficient.
In a case that is notable, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements of plaintiffs' experts did not prove causation. The case was appealed by the defendants, and a decision is expected in the near future.
The court's ruling is expected to have an impact on asbestos litigation throughout New York. Currently, specialized mesothelioma law firms fill the air with advertisements urging people to make asbestos lawsuits and promise huge settlements. The niche litigation was especially lucrative for plaintiffs' attorneys who paid millions of referral fees to Sheldon Silver. Silver was recently convicted of federal corruption charges related to the millions he made by sending asbestos cases to their firm.
In addition to these legal developments, New Yorkers must continue to be aware of the possibility of asbestos exposure in their workplaces and communities. Asbestos-related lawsuits are on the rise and New York is one of most prominent jurisdictions for mesothelioma verdicts.
Summary Judgment
A New York asbestos attorney can assist you in obtaining the amount of compensation you are due.
Asbestos exposure is often the cause of serious illnesses, such as mesothelioma and cancer of the lung. These diseases are extremely serious and have a long time to develop. This means that patients might not be suffering from symptoms until 20 or 25 years following the initial exposure. There are steps that workers can take to prevent asbestos exposure and the development of a future disease. There have been a number of significant changes in the asbestos litigation environment in recent years. In 2015 the political establishment in New York was shook to its foundation by the conviction of Sheldon S. Tuscaloosa asbestos lawsuits on federal corruption charges. Silver's convictions for corruption stemmed from his secret moonlighting 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 shaken by the courtroom political machinations of the NYCAL docket. The longtime manager of the NYCAL docket, Justice Sherry Klein Heitler was replaced in 2021 following reports that she provided the "red-carpet treatment" to asbestos cases filed by Weitz & Luxenberg. In the wake of this reshuffle, Justice Peter Moulton has taken the reigns of NYCAL. His decisions have made it more difficult for defendants to obtain the benefit of a summary judgement.
In Juni, the Court of Appeals dealt NYCAL with a brutal dose of truth, rejecting the cumulative-exposure theory that was becoming popular in the litigation and requiring plaintiffs to prove the causation of their claims with sufficient scientific expression by their experts. This ruling gives New York asbestos defense attorneys the ability to defend against claims of speculative and fraudulent 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 substances they were exposed to. This decision imposes plaintiffs with the obligation to establish that their disease was caused by specific linings and friction materials which were supplied by the defendant, and not general exposure to asbestos in the workplace.
Causation
The biggest challenge for asbestos defendants is the need to prove causation. The consensus is that exposure to asbestos-containing substances can trigger mesothelioma and other illnesses. However the law requires that plaintiffs be able to prove specific exposure to certain 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 since the decision of Parker, New York courts have been unable to apply the principles outlined in this case. In 2016, for example, the First Department in Matter of NYC Asbestos Litigation (Juni) ruled that a plaintiff's expert declaration that he "regularly exposed" himself to asbestos-containing friction products was not sufficient under Nemeth to establish a specific causality.
Juni has placed a significant burden on defendants and may force them settle their claims at a lower amount than what they are entitled to. An attorney for mesothelioma in NYC can explain the advantages of filing a suit and the options for restitution in the event that you are diagnosed with mesothelioma or any other asbestos-related illnesses.
New York state was the second most popular jurisdiction for mesothelioma lawsuits in the year 2019 and handles 6% of national asbestos litigation. Around 13,000 people are estimated to have been diagnosed with the disease in New York. The majority of the victims have been workers or contractors who were exposed to asbestos because it was used in industrial processes.
The signs of mesothelioma aren't typically evident until 25 to 50 years after exposure. Many asbestos victims are now battling to obtain the compensation they need to cover medical costs and lost wages, as well as loss of companionship and other losses.
It is essential to file your mesothelioma suit in a timely manner however, it is vital to work with a mesothelioma lawyer who can assist you in seeking the maximum financial restitution. Contact a mesothelioma lawyer from NYC today to set up a free no-obligation consultation. Your lawyer can assist you determine if you are qualified for financial compensation from an asbestos trust.
Damages
If you suffer from mesothelioma or another asbestos-related disease, a successful lawsuit could compensate your family's losses. Compensation can cover medical bills and lost wages resulting from inability to work, home care expenses, mental stress and pain, loss of quality funeral and burial costs, as well as other expenses. A seasoned New York mesothelioma attorney will investigate the responsible parties and gather evidence to support your claims. After that, your lawyer will start a civil lawsuit in court before your state's statute of limitations runs out.
The courts are well-versed in asbestos lawsuits and have specialized dockets to help speed up the process. They accelerate trials for plaintiffs who are terminally ill and group similar cases together. Additionally, the judges handling these cases are aware of the higher risk of asbestos exposure and are trained to ensure justice is done.
According to a recent study, New York City is the nation's hub for asbestos litigation. Asbestos victims received billions 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 helped compensate victims.
In addition to compensating the victims of mesothelioma and the other asbestos-related diseases, these lawsuits are aimed at securing the retribution of corporate wrongdoers. These lawsuits seek punitive damage awards, which are in addition to compensatory damages. They are intended to deter the defendant's conduct in the future, and discourage others from participating in a similar course of action.
The NYCAL decision gives defendants the chance to avoid punitive damage awards. They had the possibility of massive judgments in the past on the basis that their conduct had been so egregious, that they had to pay punitive damages to discourage others from following suit.
Now, with the ruling in favor of plaintiffs, companies that are named as defendants in NYCAL cases can expect to be dismissed in a large proportion of their cases. Even if they were dismissed but they'd still have to pay legal fees to defend a case that they didn't deserve to be involved in.
