New York Asbestos Litigation
New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma is a serious asbestos-related cancer with a long latency period is the second most common mesothelioma case nationwide in 2019.
Recent NYCAL decisions will have a profound impact on the defense of asbestos lawsuits. These decisions could result in a significant number of summary judgment motions based on the asbestos defendant's tests for fiber/cc as well as expert reports that place any exposure that is deemed to be respirable under an exposure threshold in the ambient.
Expert Testimony
New York asbestos attorneys rely heavily on the testimony of experts to support their client's claims. Asbestos litigation can be extremely expensive and expert witness costs represent a significant proportion of the total costs. Lawyers on both sides could spend a lot of time in preparation to confront an expert, while experts can charge thousands of dollars per day. For this reason, it is essential for litigants to thoroughly study and evaluate potential experts in advance. In the absence of this, it could result in a shaky Daubert Challenge or losing cases.
New York has a rich industrial past, and many workers have been exposed to toxic asbestos. Many of these workers have suffered asbestos-related illnesses, such as mesothelioma and cancer of the lung. These workers can seek compensation from the companies who exposed them to asbestos.
Asbestos lawsuits are an everyday occurrence in New York, and judges are well-versed in the issues involved. For instance, the courts speed up trials for sick plaintiffs, and they often consolidate cases to reduce the cost of trial. Additionally, courts regularly review their discovery procedures to ensure that they are up-to-date and effective.
In a landmark case, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements made by plaintiffs' experts were not sufficient to establish causality. The case was then appealed by defendants, and a ruling is expected to be issued soon.
The court's decision is likely to have a major impact on asbestos litigation in New York. At present, mesothelioma lawyer firms fill the air with advertisements urging people to bring asbestos lawsuits, promising huge settlements. The niche litigation was particularly lucrative for plaintiffs' lawyers 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 the asbestos cases he directed to their firm.
New Yorkers must 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 lawyer can assist you in obtaining the compensation you deserve.
Asbestos exposure could lead to serious diseases such as mesothelioma or lung cancer. These are serious diseases, and they have a long latency time. This means that patients may not have started suffering from symptoms until 20 or 25 years following their first exposure. There are steps that workers can take to protect themselves against asbestos exposure and avoid a recurrence of illness. In recent years, the asbestos litigation landscape has seen a number of significant changes. The most significant development came in 2015, when New York's political establishment was shaken to the core by the conviction on federal corruption charges brought against the former Assembly Speaker Sheldon Silver. Silver's corruption convictions stemmed from his secret moonlighting at the law firm of Weitz & Luxenberg, which employed him to earn millions of dollars in referral fees for the firm.
The new Albany landscape has also been shattered by the courtroom political machinations of the NYCAL docket. The longtime manager of the NYCAL docket, Justice Sherry Klein Heitler was replaced in 2021 following reports that she gave the "red-carpet treatment" to asbestos cases filed by Weitz & Luxenberg. In the aftermath of this shakeup, Justice Peter Moulton has taken the reigns of NYCAL. His decisions have made it difficult for defendants to get summary judgement.
In Juni the year 2003, the Court of Appeals dealt NYCAL a harsh dose of reality, rejecting the cumulative exposure theory that was popular in the court case and requiring plaintiffs to prove the causation of their claims with sufficient scientific expression by their experts. This ruling gives New York asbestos defense attorneys a powerful tool to defend against allegations of speculative and fraudulent claims.
In Reid v Abex the Court of Appeals supported asbestos defense lawyers in their efforts to force plaintiffs to prove a causal connection between asbestos-related diseases and products to which they were exposed. In this case plaintiffs are required to prove that their asbestos-related disease was caused by specific friction materials or linings supplied by the defendant, rather than general workplace exposure to asbestos.
Causation
The defendants must prove that asbestos caused the disease. It is generally accepted that a person's exposure to certain asbestos-containing materials is a cause of mesothelioma, among other illnesses, but the law requires plaintiffs to prove specific exposure to certain products made by specific defendants in order to be successful in their claims.
This is a challenging standard to meet, especially in NYCAL where one judge is in charge of all NYC asbestos litigation. In the 16 years since Parker, New York courts struggle to apply the principles of the case. In 2016, for instance the First Department in Matter of NYC Asbestos Litigation (Juni) ruled that a plaintiff's expert evidence that he "regularly exposed" himself to asbestos-containing friction products was not sufficient under Nemeth to establish a specific causation.
Juni has placed a significant burden on defendants in NYCAL and may force them to settle their claims at a lower amount than they are entitled to. An attorney for mesothelioma in NYC can explain the advantages of filing a lawsuit as well as your options for financial restitution if you're diagnosed with mesothelioma or other asbestos-related diseases.
New York State was the second most popular state for mesothelioma suits in the year 2019. It handled 6percent of all asbestos litigation across the country. As many as 13,000 people are estimated to have been diagnosed with the disease in New York. Most of the victims were contractors or workers exposed to asbestos in industrial applications.
The signs of mesothelioma generally do not appear until 25 to 50 years after initial exposure. Pembroke Pines asbestos attorneys are now battling to obtain the compensation they need to cover medical costs, lost wages, loss of companionship and other damages.
While it is essential to make a mesothelioma claim promptly however, it is equally important to consult with a knowledgeable mesothelioma attorney who can help you pursue the maximum financial restitution possible. Contact a mesothelioma lawyer in NYC today to schedule a free no-obligation consultation. Your attorney can help determine if you're eligible to receive financial compensation from an asbestos trust.
Damages
If you're suffering from mesothelioma, or another asbestos-related illness A successful lawsuit can compensate your family for your losses. Compensation can cover medical bills, lost wages due to inability to work, home care expenses, mental anguish and pain, loss of quality funeral and burial costs, as well as other expenses. An experienced New York asbestos lawyer will look into the responsible parties to gather evidence and prove your claim. After this, your lawyer may bring a lawsuit in civil court before the state's statute of limitations runs out.
The courts have specialized dockets for asbestos cases that streamline the process. They accelerate trials for plaintiffs who are terminally ill and also group similar cases together. Additionally the judges who decide these cases are aware of the increased risks associated with asbestos exposure and are trained to ensure justice is served.
According to a study conducted recently, New York City is the nation's hub for asbestos litigation. Asbestos victims have received 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 fatal disease, but lawsuits against companies who exposed workers to the cancer-causing chemical have led to compensation for victims for their suffering.
These lawsuits aim to punish corporate wrongdoers as well as compensating victims of mesothelioma or other asbestos-related illnesses. The lawsuits seek punitive damages which are awarded in addition to compensatory damages. The lawsuits are meant to deter the defendant from engaging in similar behavior in the future.
However the NYCAL decision provides defendants with an opportunity to win their fight to avoid punitive damages awards. They had the possibility of large judgments in the past, on the basis that their conduct had been so egregious, that they would have to pay punitive damages to deter other people from following suit.
With the ruling in favor plaintiffs, it is likely that many of the businesses that were named as defendants will be disqualified. This is because, even if they are dismissed, they'll need to incur legal fees to defend a case that they did not merit to be involved in.