New York Asbestos Litigation
New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma is a very serious asbestos-related disease with a long latency, is the second most common mesothelioma-related case in the United States in the year 2019.
Recent NYCAL decisions will have a significant impact on the defense of asbestos suits. These decisions are likely to result in extensive summary judgment motions focusing on the defendant's fiber/cc test and expert reports placing any exposure that is deemed to be respirable below an exposure threshold for ambient conditions.
Expert Testimony
New York asbestos attorneys rely heavily on the testimony of experts to support their client's claims. Asbestos litigation is expensive and expert witness fees make up a significant portion of total case costs. Both sides can devote hundreds of hours preparing to question an expert. Experts can charge thousands of dollar per day. Therefore, it is crucial for litigants to examine and verify potential experts in advance. If they don't, it could result in a shaky 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 illnesses, like mesothelioma, lung cancer, and so on. They can claim compensation from the companies who exposed them to asbestos.
Asbestos suits are quite common in New York and the judges are knowledgeable about the issue. For instance, the courts speed up trials for patients, and often consolidate cases to reduce trial expenses. In addition courts frequently review their discovery procedures to ensure they are current and efficient.
In a notable case, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements of plaintiffs' experts did not prove causation. The case was re-argued by defendants, and a ruling is expected to be issued soon.
The court's decision is expected to impact asbestos litigation throughout New York. The mesothelioma lawyers are bombarding television during the day with ads which encourage victims to file asbestos lawsuits, promising huge settlements. The specialized litigation has been particularly lucrative for plaintiffs' attorneys who have repaid millions of dollars in referral fees to former Assembly Speaker Sheldon Silver, who was recently found guilty of federal corruption charges relating to the millions of dollars he made from directing asbestos cases towards his firm.
New Yorkers should continue to be aware in their workplaces, and communities about asbestos exposure. Asbestos lawsuits are on the rise and New York is one of most prominent jurisdictions for mesothelioma verdicts.
Summary Judgment
A New York asbestos attorney can assist you in obtaining the compensation you deserve.
Asbestos exposure can lead to serious diseases, such as mesothelioma and cancer of the lung. These diseases are aggressive, and they have a long time to develop. This means that patients may not have started suffering from symptoms until 20 or 25 years following the initial exposure. There are steps that workers can take to avoid asbestos exposure and a subsequent disease. There have been a number of significant changes in the asbestos litigation landscape in recent years. In 2015 the political establishment in New York was shook to its foundation by the conviction of Sheldon S. Silver for federal corruption charges. Silver's convictions for corruption stemmed from his secret moonlighting at the law firm of Weitz & Luxenberg, which was where he earned millions of dollars in referral fees for the firm.
The courtroom politics on the NYCAL docket have also impacted the new Albany landscape. The long-time supervisor of the NYCAL docket, Justice Sherry Klein Heitler, was replaced in 2021 amid reports that she provided the "red-carpet treatment" to asbestos cases brought by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the following shake-up. His rulings have made it difficult for defendants to obtain the benefit of a summary judgement.
In Juni the year 2003, the Court of Appeals gave NYCAL a hefty dose of reality, rejecting the cumulative exposure theory that was a popular argument in the litigation. Instead, it demanded that plaintiffs establish specific causation with sufficient scientific expression from their experts. This decision gives New York asbestos defense attorneys an effective tool to defend against claims of speculative and fraudulent claims.
In Reid v Abex the Court of Appeals supported asbestos defense attorneys in their efforts to force plaintiffs to prove a causal link between asbestos-related diseases and products to which they were exposed. This decision imposes plaintiffs with the responsibility to prove that their condition was caused by the specific friction materials and linings that were provided by the defendant, rather than general exposure to asbestos in the workplace.
Causation
The defendants will have to prove that asbestos contributed to the disease. It is generally accepted that a person's exposure to asbestos-containing substances is a cause of mesothelioma and various other illnesses, but the law requires plaintiffs to establish specific exposure to products manufactured by particular defendants to prevail on their claims.
This is a difficult standard to meet, especially in NYCAL where one judge is in charge of all NYC asbestos litigation. In the 16 years since the decision of Parker, New York courts have had a difficult time applying the principles outlined in this case. In 2016, for example, the First Department in Matter of NYC Asbestos Litigation (Juni) found that a plaintiff's declaration that he "regularly exposed" himself to asbestos-containing friction products was not sufficient under Nemeth to satisfy a specific causality.
Juni has imposed a substantial burden on defendants in NYCAL and could make them settle their claims for less than what they are entitled to. An attorney for mesothelioma in NYC will explain the benefits of filing a lawsuit as well as the options for financial restitution if you're diagnosed with mesothelioma or other asbestos-related diseases.
New York state was the second most popular jurisdiction for mesothelioma lawsuits in the year 2019, and it handles about 6% of the national asbestos litigation. It is estimated that up to 13,000 patients have been diagnosed with mesothelioma in the state. The majority of patients were contractors or employees exposed to asbestos in industrial applications.
The symptoms of mesothelioma usually don't manifest until between 25 to 50 years after initial exposure. Many asbestos patients are fighting for the compensation they need for medical expenses as well as lost wages and companionship loss, among other damages.
While it is crucial to file a mesothelioma lawsuit in a timely manner however, it is equally important to consult with a knowledgeable mesothelioma lawyer who will help you pursue the maximum amount of financial compensation that you can. Contact a mesothelioma attorney in NYC today to schedule a free no-obligation consultation. Your lawyer can help you determine your eligibility for financial restitution from an asbestos trust fund.
Damages
If you're suffering from mesothelioma or another asbestos-related illness A successful lawsuit can pay your family members for their losses. Compensation can cover medical expenses, lost income from being unable and home care expenses as well as pain and suffering mental anxiety, loss of quality of life, and funeral and burial costs. Knoxville asbestos lawyers experienced New York mesothelioma attorney will examine the parties responsible and gather evidence to back your claims. After this, your lawyer may bring a lawsuit in civil court before the statute of limitations expires.
The courts have specialized dockets for asbestos cases that streamline the process. They speed up trials for plaintiffs who are terminally ill and also group similar cases together. The judges who are handling these cases have been trained to ensure justice and are aware of the higher dangers associated with asbestos.
According to a recent study, New York City is a national hub for asbestos litigation. Asbestos victims have 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.
In addition to compensating the victims of mesothelioma as well as other asbestos-related illnesses These lawsuits are also aimed at punishing corporate wrongdoers. The lawsuits seek punitive damages which are given in addition to compensatory damages. They are intended to discourage the defendant's behavior in the future, and discourage others from participating in a similar action.
However the NYCAL decision provides defendants with the chance to have a shot of hope in their fight to avoid punitive damages awards. In the past, they faced the possibility of huge judgments in these cases according to the prevalent view that their conduct was so egregious that they should be forced to pay punitive damages in order to discourage others from following suit.
Now, with the ruling in favor of plaintiffs, businesses that are named as defendants in NYCAL cases are likely to be dismissed in a large proportion of their cases. This is because, even if they are dismissed, they'll have to spend money on legal costs to defend a case that they did not merit to be involved in.