New York Asbestos Litigation
New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma is a very serious asbestos-related cancer with a long period of latency is the second most common mesothelioma patient in the country in the year 2019.
Recent NYCAL decisions are expected to have a significant impact on the defense of asbestos lawsuits. These decisions could result in extensive summary judgment motion practice focused on the defendant's fiber/cc test as well as expert reports that place any respirable exposure under an ambient exposure threshold.
Expert Testimony
New York asbestos lawyers rely heavily on expert witness testimony to back their clients their claims. Expert witness fees can make up a an enormous portion of total costs involved in asbestos litigation. Lawyers on both sides could spend a lot of time prepping to interview an expert, and experts can charge thousands of dollars per day. Therefore, it is important for litigants to study and evaluate potential experts prior to their appointment. Failure to do this can 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 diseases, such as mesothelioma and lung cancer. People who have been affected by these diseases can seek compensation from the companies who exposed them to asbestos.
Asbestos suits are commonplace in New York and the judges are knowledgeable about the issue. The courts, for instance speed up trials for terminally ill plaintiffs and consolidate cases when necessary to reduce the cost of trial. In addition the courts are regularly reviewing 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 statements of exposure cumulatively made by the plaintiffs experts were not sufficient to establish the causality in an asbestos case. The defendants appealed the decision, and a decision is expected soon.
The court's decision is expected to have a major impact on asbestos litigation in New York. Mesothelioma lawyers have been bombarding daytime television with commercials which encourage victims to file asbestos lawsuits, promising massive settlements. The niche litigation was especially lucrative for plaintiffs' lawyers who paid millions in referral fees to Sheldon Silver. Silver was recently found guilty of federal corruption charges in relation to the millions he earned by directing asbestos cases to their firm.
New Yorkers should be vigilant in their workplaces and communities to avoid asbestos exposure. Asbestos lawsuits are on increase, and the state is one of the top jurisdictions for mesothelioma verdicts.
Summary Judgment
A New York asbestos lawyer can help you obtain the compensation you're due.
Asbestos exposure can lead to serious diseases, including mesothelioma and lung cancer. These diseases are agressive and have a long time of latency which means that patients may be experiencing symptoms as recently as 20 or 25 years after their first exposure. There are steps workers can take to avoid asbestos exposure and future illnesses. Several major changes have occurred 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 core by the conviction on federal corruption charges against former Assembly Speaker Sheldon Silver. South Gate asbestos lawyer stemmed from a secretly working at the law firm of Weitz & Luxenberg, which employed him to earn millions of dollars in referral fees for the firm.
The courtroom politics on the NYCAL docket have also shaken up the new Albany landscape. The longtime manager of the NYCAL docket, Justice Sherry Klein Heitler was sacked in 2021 following reports that she gave the "red-carpet treatment" to asbestos cases brought by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the wake of this shake-up. His rulings have made it more difficult for defendants to get the benefit of a summary judgement.
In Juni, the Court of Appeals dealt NYCAL with a savage dose of truth, rejecting the cumulative exposure theory that was becoming popular in the court case and calling for plaintiffs to establish the causation of their claims with sufficient scientific explanation by their experts. This ruling provides New York asbestos attorneys a powerful weapon to defend against claims that claim to be false or speculative.
In Reid in Reid Abex, the Court of Appeals also gave asbestos defense lawyers support for their efforts to require plaintiffs to prove a specific causal link between their asbestos-related illness and the specific substances they were exposed to. This decision places plaintiffs with the obligation to prove that their illness was caused by the specific linings and friction materials that were supplied by the defendant, rather than general exposure to asbestos in the workplace.
Causation
The defendants will have to demonstrate that asbestos caused the disease. There is a consensus that exposure to asbestos-containing substances can trigger mesothelioma and other illnesses. However, the law requires plaintiffs prove specific exposure to products produced by certain defendants for their claims to be considered valid.
This is a challenging 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 rules of 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 huge burden on defendants, and could force them to settle their claims for a lower amount than they are entitled. A mesothelioma lawyer in NYC will explain the benefits of filing a lawsuit as well as the options for financial restitution if you are diagnosed with mesothelioma or any other asbestos-related diseases.
New York state was the second most popular state for mesothelioma lawsuits in the year 2019 and handles about 6% of the national asbestos litigation. It is estimated that up to 13,000 people have been diagnosed with mesothelioma in the state. The majority of the victims are contractors or workers who were exposed to asbestos as it was used in industrial applications.
The symptoms of mesothelioma don't usually evident until 25 to 50 years after exposure. Many asbestos patients are fighting to receive the compensation they require to cover medical expenses as well as lost wages and companionship loss, among other damages.
It is important to file your mesothelioma suit in a timely fashion however, it is vital to work with an attorney for mesothelioma who can assist you in seeking the highest amount of financial compensation. Contact a mesothelioma lawyer in NYC today to schedule a free, no-obligation consultation. Your attorney will be able to discuss your rights to financial restitution from an asbestos trust fund.
Damages
If you suffer from mesothelioma or another asbestos-related illness, a successful lawsuit could pay your family members for their losses. Compensation can cover medical bills as well as lost wages due to inability to work, home-care expenses, mental stress and suffering, loss of quality, funeral and burial costs, as well as other costs. A seasoned New York asbestos lawyer will investigate the responsible parties to gather evidence and prove your claim. After that, your lawyer will start a civil lawsuit in court before the state's statute of limitations expires.
The courts are well-versed in asbestos lawsuits and have specialized dockets to help speed up the process. They expedite trials for terminally-ill plaintiffs and group similar cases. In addition the judges who decide these cases are aware of the higher risk of asbestos exposure and are trained to ensure justice is done.
According to a study conducted recently, New York City is the nation's hub for asbestos litigation. Asbestos-related victims have claimed 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 and incurable disease, but lawsuits against companies that exposed workers to asbestos cancer-causing substance have helped compensate victims for their suffering.
In addition to compensating the victims of mesothelioma as well as other asbestos-related diseases, these lawsuits are aimed at punishing corporate wrongdoers. These lawsuits seek punitive damages awards in addition to compensatory damages. They are intended to deter the defendant's actions in the future, and discourage others from engaging in a similar action.
However the NYCAL decision provides defendants with an opportunity to win their struggle to avoid punitive damages awards. They were in danger of massive judgments in the past, with the theory that their conduct had been so egregious, that they should pay punitive damages to discourage others from following suit.
Now, with the ruling in favor of plaintiffs, businesses named as defendants in NYCAL cases could be dismissed in a significant portion of their cases. Even if they were dismissed, they would still have to pay legal fees to defend a case they didn't have a right to be in.