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 long latency times.
Recent NYCAL decisions are expected to have a profound impact on the defense of asbestos lawsuits. These decisions could result in a large number of summary judgment motions based on the asbestos defendant's tests for fiber/cc as well as expert reports that place any exposure that can be deemed respirable below an exposure threshold for ambient conditions.
Expert Testimony
New York asbestos lawyers rely heavily on expert witness testimony to support their clients their claims. Expert witness fees can be a a large percentage of the total cost of asbestos litigation. Both sides could spend hundreds of hours preparing to question an expert. Experts can charge thousands of dollars per day. This is why it is crucial for litigants to thoroughly research and vet potential experts prior to hiring them. Failure to do so can result in a failure of the Daubert challenge or losing cases.
New York has had a long industrial history. Many workers were exposed to asbestos. Many of these workers developed asbestos-related diseases, including mesothelioma and lung cancer. Anyone who has suffered from these conditions can recover compensation from the companies that exposed them to asbestos.
Asbestos lawsuits are a common in New York, and judges are familiar with the issues that arise. The courts, for instance, expedite trials for patients who are terminally ill and consolidate cases when needed to reduce trial costs. In addition, courts regularly review their discovery procedures to make sure they are up-to-date and effective.
In a notable case, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements by plaintiffs’ experts were not sufficient to establish causation. The defendants appealed the case, and a decision is expected soon.
The court's decision is expected to have an impact on asbestos litigation throughout New York. The mesothelioma lawyers are currently bombarding television during the day with ads which encourage asbestos victims to file lawsuits, promising massive settlements. The niche litigation was particularly lucrative for plaintiffs’ attorneys who paid millions in referral fees to Sheldon Silver. Silver was recently convicted of federal corruption charges in relation to the millions he earned by directing asbestos cases to their firm.
New Yorkers should be vigilant at work, and communities about asbestos exposure. Asbestos lawsuits have been increasing and New York is among the top jurisdictions in mesothelioma verdicts.
Summary Judgment
A New York asbestos attorney can help you receive the amount of compensation you are due.
Asbestos exposure could lead to serious illnesses like mesothelioma and lung cancer. These are serious diseases, and they have a long latency time. This means that patients might not be developing symptoms until twenty or 25 years after the initial exposure. There are steps workers can take to prevent asbestos exposure and future disease. There have been a number of significant changes in the asbestos litigation landscape in recent years. The most significant development came in 2015, when New York's political establishment was shaken to its foundation following the conviction on federal corruption charges against former Assembly Speaker Sheldon Silver. Silver's convictions for corruption stemmed from his secret employment at the law firm Weitz & Luxenberg. He utilized this to earn millions of referral fees.
The new Albany landscape has also been shattered by the courtroom political machinations of the NYCAL docket. The longtime manager of the NYCAL docket, Justice Sherry Klein Heitler was replaced in 2021 amidst reports that she provided the "red-carpet treatment" to asbestos cases filed by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the wake of this shake-up. His decisions have placed a heavy burden on defendants, making it nearly impossible for them to obtain summary judgment.
In Juni, the Court of Appeals gave NYCAL a hefty dose of reality by rejecting the cumulative exposure theory that was popular in the litigation. Instead it demanded plaintiffs prove causation using sufficient scientific proof from their experts. Torrance asbestos lawyers gives New York asbestos defense attorneys the ability to defend against allegations of fraudulent and speculative claims.
In Reid In Reid Abex the Court of Appeals supported asbestos defense attorneys in their efforts to require plaintiffs to prove a causal link between asbestos-related diseases and products to which they were exposed. In this ruling, plaintiffs are required to demonstrate that their asbestos-related condition was caused by specific friction materials or linings offered by the defendant, not general exposure to asbestos in the workplace.
Causation
The most significant challenge facing asbestos defendants is the need to prove that there is a causal link. It is generally accepted that a person's exposure to asbestos-containing materials is a cause of mesothelioma, among other diseases, however, the law requires plaintiffs to prove the specific exposure to products produced by specific defendants in order to prevail on their claims.
This is a challenging standard to meet, especially 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 the 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 friction products containing asbestos was not sufficient under Nemeth to satisfy a specific causality.
Juni has placed a significant burden on defendants and may make them settle their claims at a lower amount than what they are entitled to. A mesothelioma lawyer in NYC can explain to you the benefits of filing a lawsuit and your options for financial compensation if you have been diagnosed with mesothelioma.
New York State was the second-most popular jurisdiction for mesothelioma suits in 2019. It was the sole handler of 6percent of all national asbestos litigation. It is estimated that as many as 13,000 people have been diagnosed with mesothelioma in the state. The majority of victims were contractors or employees exposed to asbestos in industrial settings.
The symptoms of mesothelioma usually don't manifest until between 25 to 50 years after initial exposure. Many asbestos sufferers are fighting to get the compensation they require to pay for medical expenses and lost wages, as well as loss of companionship and other losses.
It is crucial to file your mesothelioma suit promptly however, it is vital to work with a mesothelioma lawyer who can assist you in seeking the most monetary restitution. Contact a mesothelioma attorney in NYC today to schedule a free no-obligation consultation. Your lawyer can help you determine your rights to financial compensation from an asbestos trust fund.
Damages
If you suffer from mesothelioma, or another asbestos-related disease A successful lawsuit can compensate your family for your losses. Compensation can cover medical bills and lost wages resulting from inability to work, home-care expenses, mental stress and suffering, loss of quality, funeral and burial costs, and other expenses. An experienced New York asbestos lawyer will examine the parties responsible to collect evidence and support your claim. After this, your lawyer may start a civil lawsuit in court before your state's statute of limitations expires.
The courts are well-versed in asbestos lawsuits, and have dockets that are specifically designed to simplify the process. They speed up trials for terminally ill plaintiffs and group similar cases. Additionally the judges who handle these cases are aware of the higher risk of asbestos exposure and are trained to ensure that justice is done.
According to a study that was conducted recently, New York City is the nation's hub for asbestos litigation. Asbestos-related victims received billions of dollars in settlements and verdicts. Mesothelioma, a deadly cancer is caused by asbestos fibers. It is a rare and incurable disease, but lawsuits against companies that exposed workers to the cancer-causing substance have helped compensate victims for their suffering.
These lawsuits are designed to punish corporate wrongdoers as in compensating mesothelioma victims or other asbestos-related diseases. These lawsuits seek punitive damage awards in addition to compensatory damages. The intent of the lawsuits is to deter the defendant from engaging in similar behavior in the future.
The NYCAL decision gives defendants hope that they will avoid punitive damage awards. Prior to this, they been facing the prospect of huge judgments in these cases, with the prevailing theory that their conduct was so egregious that they must pay punitive damages to prevent others from following their lead.
With the decision in favor of plaintiffs, it is expected that many of the companies named as defendants will be disqualified. Even if they are dismissed however, they will still need to pay legal fees to defend a case they did not deserve to be involved in.