New York Asbestos Litigation
New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma is a serious asbestos-related disease with a long latency period is the second most prevalent mesothelioma-related case in the United States in 2019.
Recent NYCAL decisions will have a significant impact on the defense of asbestos suits. These decisions will likely result in extensive summary judgement motion practice focusing on the defendant's fiber/cc test and expert reports placing any respirable exposure under an ambient exposure threshold.
Expert Testimony
New York asbestos lawyers rely heavily on expert witness testimony to prove their clients their claims. Asbestos litigation can be very expensive, and expert witness fees account for a significant percentage of the total costs. Lawyers on both sides could spend hours in preparation to confront an expert, while experts can charge thousands of dollars per day. Therefore, it is essential that litigants examine and verify potential experts in advance. In the absence of doing so, it could result in a sham Daubert contest and a loss of cases.
New York has a rich industrial past, and a lot of workers have been exposed to asbestos, which is toxic. Many of these workers have developed asbestos-related illnesses, such as mesothelioma and lung cancer. They may seek compensation from the businesses who exposed them to asbestos.
Asbestos suits are quite common in New York and the judges are familiarized with the issues. For example, the courts speed up trials for patients, and often combine cases to cut down on costs for trial. In addition courts frequently review their discovery procedures to ensure they are up-to-date and effective.
In one case of note, Brown v. Weitz & Luxenberg in which the First Department held that conclusory cumulative exposure statements from plaintiffs' experts were insufficient to establish causation in an asbestos case. The case was appealed by defendants, and a ruling is expected soon.
The court's decision is likely to have a major impact on asbestos litigation in New York. The mesothelioma lawyers are currently bombarding daytime television with commercials which encourage victims to file asbestos suits, promising huge settlements. The niche 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 that relate to the millions of dollars he made from directing asbestos cases to his firm.
New Yorkers must continue to be vigilant at work, and communities about asbestos exposure. Asbestos lawsuits are on the increase and New York is among the top jurisdictions for mesothelioma cases.
Summary Judgment
A New York asbestos lawyer can assist you in obtaining the compensation you're due.
Asbestos exposure can cause serious diseases like mesothelioma or lung cancer. These diseases are aggressive and have a long time to develop. This means that the victims may not be developing symptoms until twenty or 25 years after their first exposure. There are steps that workers can take to safeguard themselves from asbestos exposure and prevent future illnesses. A number of major changes have taken place in the asbestos litigation scene in recent years. The most significant change came in 2015 when the political establishment was shaken to its core by the conviction on federal corruption charges against the former Assembly Speaker Sheldon Silver. Silver's convictions for corruption stemmed from his secret employment at the law firm Weitz & Luxenberg. He used this to earn millions in referral fees.
The new Albany landscape has also been shattered 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 amidst reports that she gave 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 rulings have placed a heavy burden on defendants, making it virtually impossible for them to get summary judgment.
In Juni the year 2003, the Court of Appeals gave NYCAL a hefty dose of reality by denying the cumulative exposure theory that was prevalent in the litigation. Instead it demanded that plaintiffs establish a specific causation with sufficient scientific expression from their experts. This decision provides New York asbestos defense attorneys an effective tool to defend against allegations of fraudulent and speculative claims.
In Reid v Abex the Court of Appeals supported asbestos defense attorneys in their efforts to require plaintiffs to prove a causal link between asbestos-related illnesses and the products to which they were exposed. In this decision plaintiffs must prove that their asbestos-related illness was caused by specific friction materials or linings offered by the defendant, not general workplace exposure to asbestos.
Causation
The most difficult challenge facing asbestos defendants is the need to prove causation. It is generally accepted that a person's exposure to asbestos-containing materials causes mesothelioma and other diseases, but the law requires plaintiffs to establish the specific exposure to products produced by specific defendants in order to prevail on their claims.
This is a tough standard to achieve, particularly in NYCAL, where a single judge manages the entire 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, for instance, the First Department in Matter of NYC Asbestos Litigation (Juni) found that a plaintiff's testimony that he "regularly exposed" himself to friction products containing asbestos was not sufficient under Nemeth to satisfy specific causation.
Juni has placed a heavy burden on defendants, and could oblige them to pay less than they are entitled. A mesothelioma lawyer in NYC will explain the benefits of filing a suit and the options for financial restitution if you are diagnosed with mesothelioma or other asbestos-related illnesses.
New York State was the second-most popular jurisdiction for mesothelioma suits in 2019. It was the sole handler of about 6% of the asbestos litigation across the country. It is estimated that up to 13,000 patients have been diagnosed with mesothelioma within the state. Most of the victims were contractors or employees exposed to asbestos in industrial settings.
The symptoms of mesothelioma usually are not evident until the age of 25 to 50 after the initial exposure. Many asbestos sufferers are fighting for the compensation they need to pay for medical expenses as well as lost wages, loss of companionship and other damages.
While it is essential to file a mesothelioma lawsuit in a timely manner however, it is equally important to work with an experienced mesothelioma lawyer who can help you obtain the maximum financial restitution possible. Contact a mesothelioma lawyer from NYC today to schedule a free, no-obligation consultation. Your attorney will be able to discuss your eligibility for financial restitution from an asbestos trust fund.
Damages
If you have mesothelioma, or any other asbestos-related illness A successful lawsuit could help your family recover losses. Compensation could pay for medical bills, lost income from being unable to work or take care of your home, pain and suffering, mental anguish and loss of quality of life and funeral and burial costs. An experienced New York asbestos lawyer will examine the parties responsible to gather evidence and support your claim. After that, your lawyer will file a lawsuit in civil court before your state's statute of limitations runs out.
The courts are well-versed in asbestos lawsuits, and they have dockets specifically designed to streamline the process. They accelerate trials for plaintiffs with terminal illnesses and group similar cases together. Judges who handle these cases have been trained to ensure justice and are aware of the increasing dangers associated with asbestos.
According to a study conducted recently, New York City is a national hub for asbestos litigation. Asbestos-related victims have claimed billions of dollars in settlements and verdicts. Mesothelioma is a cancer that can be fatal that is caused by exposure to hazardous asbestos fibers. Rancho Cucamonga asbestos lawyer is a rare and incurable disease, but lawsuits against companies who exposed workers to the cancer-causing substance have helped compensate victims for their suffering.
In addition to remunerating the victims of mesothelioma and other asbestos-related diseases the lawsuits aim 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.
The NYCAL decision gives defendants the chance to stay clear of punitive damages. They faced the prospect of massive judgments in the past on the basis that their conduct had been so bad that they would have to pay punitive damage awards to discourage others from committing the same offense.
Now, with the ruling in favor of plaintiffs, businesses named as defendants in NYCAL cases could be dismissed in a substantial portion of their cases. This is because, even if they are dismissed, they'll be required to pay legal fees to defend a case that they didn't deserve to be involved in.