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 frequent mesothelioma patient in the country in 2019.
Recent NYCAL decisions are expected to have a profound impact on the defense of asbestos lawsuits. These decisions are likely to result in extensive summary judgment motion practice focusing on the defendant's fiber/cc test and expert reports putting any respirable exposure below the threshold of exposure to ambient air.
Expert Testimony
New York asbestos attorneys rely heavily on the testimony of experts to support their client's claims. Expert witness fees can make up a a large percentage of the total costs in asbestos litigation. Lawyers for both sides can spend hours in preparation to confront an expert, while experts can charge thousands of dollars per day. Therefore, it is essential that litigants conduct thorough examine and verify potential experts in advance. In the absence of this, it could result in a shaky Daubert Challenge or losing cases.
New York has had a long history of industrial activity. Many workers were exposed to asbestos. Many of these workers have suffered asbestos-related illnesses, such as mesothelioma and cancer of the lung. People who have been affected by these diseases can seek compensation from the companies that exposed them to asbestos.
Asbestos lawsuits are a regular occurrence in New York, and judges are aware of the issues that arise. For example, the courts speed up trials for patients, and often consolidate cases to reduce costs for trial. The courts also examine their discovery procedures to ensure that they are effective and current.
In a notable case, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements made by plaintiffs' experts were not sufficient to establish causality. The defendants filed an appeal, and a decision is expected soon.
The court's decision is expected to have a significant impact on asbestos litigation in New York. At present, mesothelioma lawyer firms fill the air with ads urging victims to file asbestos lawsuits, promising massive settlements. The niche litigation was especially lucrative for plaintiffs' attorneys who repaid millions of referral fees to Sheldon Silver. Silver was recently found guilty of federal corruption charges relating to the millions he earned by directing asbestos cases to their firm.
New Yorkers should continue to be vigilant in their workplaces and in their communities regarding asbestos exposure. Asbestos-related lawsuits are increasing and New York is one of most prominent jurisdictions for mesothelioma verdicts.
Summary Judgment
A New York asbestos attorney can assist you in receiving the compensation that you deserve.
Asbestos exposure is often the cause of serious illnesses, such as mesothelioma as well as lung cancer. These diseases are aggressive, and they have a long period of latency. This means that the victims might not be suffering from symptoms until twenty or 25 years after their initial exposure. There are steps that workers can take to prevent asbestos exposure and future disease. A number of major changes have taken place in the asbestos litigation landscape in recent years. The most significant change came in 2015 in which the New York political establishment was shaken to the foundation following the conviction on federal corruption charges brought against the former Assembly Speaker Sheldon Silver. Silver's convictions for corruption were a result of his covert work at the law firm Weitz & Luxenberg. He utilized this to earn millions of 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 director of NYCAL docket in 2021 amid reports that she had given the "red carpet treatment" to asbestos claims filed by Weitz & Luxenberg. which asbestos litigation is best took over NYCAL in the aftermath of the shake-up. His rulings have placed a heavy burden on defendants, making it almost impossible for them to get summary judgment.
In Juni, the Court of Appeals gave NYCAL an ominous dose of reality, rejecting the cumulative exposure theory that was popular in the litigation. Instead, it demanded plaintiffs prove causality with enough scientific evidence from their experts. This ruling provides New York asbestos attorneys a powerful tool to defend against claims that claim they are fraud or speculative.
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 particular products that 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 supplied by the defendant rather than general workplace exposure to asbestos.
Causation
The most significant challenge facing asbestos defendants is the need to prove causation. It is generally accepted that exposure to asbestos-containing substances can cause mesothelioma, among other diseases, however, 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 difficult standard to meet, particularly in NYCAL where only one judge oversees all NYC asbestos litigation. In the 16 years that have passed since Parker, New York courts struggle to apply the principles from that case. In 2016, for example the First Department in Matter of NYC Asbestos Litigation (Juni) ruled that a plaintiff's expert evidence that he "regularly exposed" himself to friction products containing asbestos was not sufficient under Nemeth to satisfy a specific causation.
Juni has imposed a substantial burden on defendants in NYCAL and may make them settle their claims for less than what they are entitled to. A mesothelioma lawyer in NYC can explain the benefits of filing a suit and the options for restitution in the event that you are diagnosed with mesothelioma or any other asbestos-related diseases.
New York state was the second most popular jurisdiction for mesothelioma lawsuits in the year 2019 and handles 6percent of all asbestos litigation. It is estimated that around 13,000 patients have been diagnosed with mesothelioma in the state. The majority of those affected are contractors or workers who were exposed to asbestos when it was employed in industrial applications.
The symptoms of mesothelioma usually do not appear until 25 to 50 years after initial exposure. Many asbestos victims are now fighting for the compensation they need to cover medical expenses, lost wages, loss of companionship and other damages.
While it is crucial to make a mesothelioma claim promptly, it is also crucial to partner with a seasoned mesothelioma attorney who can help you pursue the maximum financial restitution possible. Contact a mesothelioma attorney in NYC today to set up a free, no-obligation consultation. Your attorney can help you determine if you're qualified to receive financial compensation from an asbestos trust.
Damages
If you suffer from mesothelioma or another asbestos-related disease A successful lawsuit can pay your family members for their losses. Compensation could pay for medical bills, income loss due to being unable to work, home care expenses as well as pain and suffering, mental anguish, loss of quality of life and funeral and burial expenses. An experienced New York mesothelioma attorney will look into the parties at fault and gather evidence to back your claims. Your lawyer will then file a civil lawsuit before the statute of limitations expires in your state.
The courts are familiar with asbestos lawsuits, and they have specialized dockets to help simplify the process. They accelerate trials for terminally ill plaintiffs and put similar cases together. In addition, the judges handling these cases are aware of the higher dangers associated with asbestos exposure and are trained to ensure that justice is done.
According to a study conducted recently, New York City is the national center for asbestos litigation. Asbestos victims have received billions of dollars in settlements and verdicts. Mesothelioma is a fatal cancer that is caused by exposure to hazardous asbestos fibers. It is a rare, incurable type of cancer. However lawsuits brought against companies that exposed workers to asbestos fibers have led to compensation for victims.
In addition to compensating the victims of mesothelioma and the other asbestos-related illnesses These lawsuits are also aimed at securing the retribution of corporate wrongdoers. The lawsuits seek punitive damages which are granted in addition to compensatory damages. The lawsuits are designed to deter the defendant from engaging in similar conduct in the future.
However, the NYCAL decision offers defendants a glimmer of hope in their battle to avoid punitive damages awards. Prior to this, they faced the prospect of massive judgments in these cases, according to the prevalent view that their conduct was so outrageous that they should be forced to pay punitive damages to deter others from committing the same crime.
With the ruling in favor of plaintiffs, it is expected that many of the companies named as defendants will be disqualified. This is because even if they're dismissed, they'll be required to pay legal costs to defend a case that they did not merit to be involved in.