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 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 number of summary judgment motions based upon the defendant's fiber/cc tests and expert reports that place any respirable exposure under an ambient exposure threshold.
Expert Testimony
New York asbestos attorneys rely heavily on the testimony of expert witnesses to prove their clients' claims. Asbestos litigation can be very expensive and expert witness fees account for a significant percentage of the total cost. Lawyers on both sides could spend hundreds of hours prepping to interview an expert, and experts can charge thousands of dollars per day. Therefore, it is essential for litigants to thoroughly research and vet potential experts prior to hiring them. Failure to do this could result in a failure of the Daubert challenge and lost cases.
New York has a rich industrial past, and a lot of workers have been exposed to asbestos that is toxic. Many of these workers developed asbestos-related illnesses, like mesothelioma and lung cancer. These workers can seek compensation from the businesses who exposed them to asbestos.
Asbestos suits are commonplace in New York and the judges are knowledgeable about the issue. The courts, for example, expedite trials for patients who are terminally ill and consolidate cases when needed to reduce trial costs. Additionally courts frequently review their discovery procedures to make sure they are up-to-date and effective.
In one case of note, Brown v. Weitz & Luxenberg, the First Department held that conclusory statements on exposure cumulatively made by plaintiffs' experts were insufficient to establish the causation in asbestos cases. The defendants appealed the case, and the decision is expected to be made soon.
The court's decision is expected to have a significant impact on asbestos litigation in New York. Currently, specialized mesothelioma law firms fill the air with commercials urging victims to file asbestos lawsuits, promising huge settlements. The niche litigation was particularly lucrative for plaintiffs' attorneys who repaid millions of referral fees to Sheldon Silver. Silver was recently convicted of federal corruption charges relating to the millions he earned by directing asbestos cases to their firm.
New Yorkers should be aware in their workplaces, and communities about asbestos exposure. Asbestos-related lawsuits are increasing and New York is among the most prominent jurisdictions for mesothelioma verdicts.
Summary Judgment
A New York asbestos attorney can help you receive the compensation you deserve.
Asbestos exposure can cause serious illnesses like mesothelioma or lung cancer. These illnesses are extremely serious and have a long period of latency, meaning that victims may only have begun experiencing symptoms as recently as 20 or 25 years after their initial exposure. There are steps that workers can take to prevent asbestos exposure and future illness. A number of major changes have taken place in the asbestos litigation landscape in recent years. In 2015 the political establishment of New York was shook to its core by the conviction of Sheldon Silver on federal corruption charges. Silver's convictions for corruption were a result of his covert work at the law firm Weitz & Luxenberg. He used this to earn millions in referral fees.
The new Albany landscape is also impacted by the courtroom political machinations of the NYCAL docket. The long-time supervisor of the NYCAL docket, Justice Sherry Klein Heitler was replaced in 2021 amid reports that she had given the "red-carpet treatment" to asbestos cases filed by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the aftermath of the shake-up. His rulings have put a huge burden on defendants, making it almost impossible for them to obtain summary judgment.
In Juni, the Court of Appeals gave NYCAL a hefty dose of reality by denying the theory of cumulative exposure that was prevalent in the litigation. Instead it demanded that plaintiffs establish specific causation with sufficient scientific expression from their experts. This decision provides 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 a boost in their efforts to require plaintiffs to prove a specific causal link between their asbestos-related disease and the particular products that they were exposed to. In this decision, plaintiffs are required to demonstrate that their asbestos-related condition was caused by specific friction materials or linings offered by the defendant rather than general workplace exposure to asbestos.
Causation
The defendants must prove that asbestos contributed to the disease. It is generally accepted that exposure to certain asbestos-containing materials is a cause of mesothelioma and other diseases, but the law requires plaintiffs to establish specific exposure to products manufactured by particular defendants to be successful in their claims.
This is a tough standard to achieve, 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 had a difficult time applying the principles of this case. In 2016 the First Department in Matter of NYC Asbestos Litigation, (Juni) decided that an expert's testimony that a plaintiff "regularly" exposed himself to friction products containing asbestos was not enough to satisfy specific causality under Nemeth.
Juni has placed a heavy burden on defendants, and could force them to settle their claims for a lower amount than what they are entitled to. A mesothelioma attorney in NYC can explain the advantages of filing a lawsuit and your options to receive financial compensation if you have been diagnosed with mesothelioma.
New York State was the second most popular state for mesothelioma suits in the year 2019. how asbestos litigation take handled about 6% of the national asbestos litigation. Around 13,000 people have been diagnosed with the disease in New York. Most of the victims were workers or contractors exposed to asbestos in industrial applications.
Symptoms of mesothelioma are not typically apparent until between 25 and 50 years after exposure. Many asbestos patients are fighting to get the compensation they deserve for medical expenses, lost wages and companionship loss, in addition to other damages.
While it is important to start a mesothelioma lawsuit in a timely manner however, it is equally important to consult with a knowledgeable mesothelioma lawyer who can assist you in obtaining the highest financial restitution possible. Contact a mesothelioma lawyer in NYC today to schedule your free no-obligation consultation. Your lawyer can help you determine if you're qualified to receive financial compensation from an asbestos trust.
Damages
If you're suffering from mesothelioma, or another asbestos-related disease, a successful lawsuit may provide your family with compensation for their losses. Compensation could cover medical expenses and lost wages resulting from inability to work, home-care expenses, mental anguish and pain, loss of quality, funeral and burial costs, as well as other costs. A seasoned New York asbestos lawyer will examine the parties responsible to gather evidence and prove your claim. Your lawyer will then start a civil lawsuit before the statute of limitations runs out in your state.
The courts have dockets specialized for asbestos cases that streamline the process. They accelerate trials for terminally ill plaintiffs and also group similar cases together. The judges handling these cases have been instructed to ensure justice and are aware of the increasing dangers associated with asbestos.
According to a research 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, a deadly cancer is caused by asbestos fibers. It is a rare, incurable disease, but lawsuits against companies that exposed workers to the cancer-causing substance have aided in compensating victims for their suffering.
In addition to compensating the victims of mesothelioma and other asbestos-related illnesses, these lawsuits are aimed at punishing corporate wrongdoers. These lawsuits seek punitive damage awards in addition to compensatory damages. The lawsuits are designed to deter the defendant from repeating the same conduct in the future.
The NYCAL decision gives defendants the chance to avoid punitive damages. They were in danger of large judgments in the past, in the belief that their conduct had been so egregious, that they should pay punitive damages to discourage others from following their example.
With the decision in favor of plaintiffs, businesses that are named as defendants in NYCAL cases are likely to be dismissed in a significant proportion of their cases. Even if they are dismissed however, they will still need to pay legal fees to defend a case that they didn't have a right to be in.