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 prolonged latency.
Recent NYCAL decisions are expected to have a significant impact on the defense of asbestos lawsuits. These decisions could result in extensive summary judgement motions focusing on the defendant’s fiber/cc test and expert reports placing any respirable exposure below an ambient exposure threshold.
Expert Testimony
New York asbestos attorneys rely heavily on the testimony of expert witnesses to support their client’s claims. Asbestos litigation is expensive and expert witness fees represent a significant proportion of the total costs. Lawyers for both sides can spend hours prepping to interview an expert, while experts can charge thousands of dollars per day. Therefore, it is important for litigants to study and evaluate potential experts prior to hiring them. Failure to do so can result in a sham Daubert challenge or losing cases.
New York has had a long history of industrialization. Many workers were exposed to asbestos. Many of these workers developed asbestos-related diseases, including mesothelioma or lung cancer. People who have suffered from these conditions are entitled to compensation from companies that exposed them to asbestos.
Asbestos lawsuits are a regular in New York, and judges are familiar with the issues that arise. For example, the courts expedite trials for terminally patients, and often consolidate cases to lower trial expenses. Additionally the courts are regularly reviewing their discovery procedures to make sure they are current and efficient.
In a landmark 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 decision, 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. There are currently mesothelioma-specific law firms pepper daytime TV with commercials urging victims to make asbestos lawsuits and promise giant 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 made by directing asbestos cases to their firm.
In addition to these legal developments, New Yorkers need to remain alert to asbestos exposure at work and in their communities. Asbestos lawsuits are on increasing, and New York is among the top jurisdictions for mesothelioma cases.
Summary Judgment
A New York asbestos attorney can help you receive the compensation you deserve.
Asbestos exposure can lead to serious illnesses, such as mesothelioma as well as lung cancer. These diseases are aggressive and have a long time of latency, meaning that victims may only have begun suffering from symptoms as recently as 20 or 25 years after their initial exposure. There are steps that workers can take to safeguard themselves from asbestos exposure and prevent future illness. In recent years the asbestos litigation scene has undergone several major changes. In 2015 the political establishment of New York was shook to its core by Sheldon Silver’s conviction for federal corruption charges. Silver’s corruption convictions stemmed from a secretly working for the law firm of Weitz & Luxenberg, which was where he earned millions of dollars in referral fees for the firm.
The new Albany landscape is also impacted by the courtroom politics of the NYCAL docket. Justice Sherry Klein Heitler was removed as the long-time director of the NYCAL docket in 2021 following reports that she had given the “red carpet treatment” to asbestos claims filed by Weitz & Luxenberg. In the wake of this shakeup, Justice Peter Moulton has taken the charge of NYCAL. His decisions have placed a significant burden on defendants, making it nearly impossible for them to get summary judgment.
In Juni the year 2003, the Court of Appeals dealt NYCAL with a savage dose of reality, renouncing the cumulative exposure theory that had become fashionable in the litigation, and calling for plaintiffs to establish the causation of their claims with sufficient scientific explanation by their experts. This ruling gives New York asbestos attorneys a strong argument against claims that claim to be 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 specific substances they were exposed to. The decision imposes plaintiffs with the responsibility to prove that their condition was caused by the specific linings and friction materials that were provided by the defendant, not general exposure to asbestos in the workplace.
Causation
The defendants will need to demonstrate that asbestos caused the disease. It is generally accepted that a person’s exposure to asbestos-containing materials can cause mesothelioma and other diseases, but the law requires plaintiffs to establish the specific exposure to products produced by particular defendants to prevail on their claims.
This is a challenging standard to meet, particularly in NYCAL where one judge is in charge of all NYC asbestos litigation. In the 16 years that have passed since Parker, New York courts have struggled to apply the principles from that case. In 2016, for example, the First Department in Matter of NYC Asbestos Litigation (Juni) decided that a plaintiff’s expert declaration that he “regularly exposed” himself to friction products containing asbestos lawyer was not sufficient under Nemeth to establish a specific causality.
Juni has placed a significant burden on defendants, and could oblige them to to settle their claims for an amount lower than they are entitled. A mesothelioma attorney in NYC can explain to you the benefits 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 jurisdiction for mesothelioma-related lawsuits in 2019 and is responsible for 6percent of all 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 workers or contractors exposed to asbestos in industrial applications.
The symptoms of mesothelioma don’t typically apparent until 25 to 50 years after the initial exposure. Many asbestos attorney patients are fighting to get the compensation they require for medical expenses, lost wages and companionship loss, in addition to damages.
While it is essential to file a mesothelioma lawsuit promptly, it is also crucial to work with an experienced mesothelioma attorney who can assist you in obtaining the highest amount of financial restitution that is possible. Contact a mesothelioma lawyer from NYC today to schedule your free, no-obligation consultation. Your attorney will be able to discuss your rights to financial compensation from an asbestos trust fund.
Damages
If you suffer from mesothelioma, or another asbestos-related illness A successful lawsuit can compensate your family for your losses. Compensation can cover medical bills as well as lost wages due to inability to work, home-care expenses, mental anguish and pain loss of quality funeral and burial costs, and other costs. A seasoned New York asbestos lawyer will look into the responsible parties to gather evidence and prove your claim. After that, your lawyer will bring a lawsuit in civil court before the time limit expires.
The courts are familiar with asbestos lawsuits, and they have specialized dockets to help simplify the process. They expedite trials for terminally-ill plaintiffs, and group similar cases. The judges handling these cases are trained to ensure justice and are aware of the increased dangers associated with asbestos.
According to a study conducted recently, New York City is a national hub for asbestos litigation. Asbestos-related victims received billions of dollars in settlements and verdicts. Mesothelioma is a fatal cancer, is caused by asbestos fibers. It is a rare, incurable cancer. However, lawsuits filed against companies that exposed workers to asbestos fibers have helped compensate victims.
These lawsuits aim to punish corporate wrongdoers as well as compensating victims of mesothelioma or other asbestos-related illnesses. These lawsuits seek punitive damages 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 stay clear of punitive damages. They had the possibility of large judgments in the past, on the basis that their conduct was so indecent that they would have to pay damages for punitive harm to discourage others from following their example.
With the decision in favor of plaintiffs, it is likely that a lot of the companies that were named as defendants will be reprimanded. This is because, even if they are dismissed, they will still be required to pay legal fees to defend a case they did not deserve to be involved in.
