Joe Williams. I'm a mesothelioma trial attorney in New York City and in order to answer this
question we need to learn a little bit about how the court system deals with mesothelioma
victims' cases. Now many states have what is called an 'expedited docket' and some states
call it a 'rocket docket.' In New York, it's called an 'in extremis docket.' But the primary
focus is the cases for mesothelioma victims move quicker. A normal civil case can take
5 years.
We hear of circumstances where a case takes 9 or 10 years in a civil case.
A mesothelioma case in New York can take one year. New York has what's called the 'New
York City Asbestos Litigation' and there are certain criteria for a mesothelioma or late
stage lung cancer victim's case which if the victim's case meets these criteria, it can
be accepted by the court into this expedited trial clustering. The first is the medical
criteria. Now, mesothelioma cases generally qualify.
So if someone has a pathological
diagnosis (a confirmed diagnosis) of mesothelioma, generally in New York that case would qualify
for the in extremis or fast track docket. Now lung cancer cases if they are later stage
-- that is stage 3 and stage 4 lung cancer cases -- those cases can fit the medical criteria
as well. There's also another criteria to fit into the fast track grouping and that
is that there must be a New York City exposure to asbestos - exposure to asbestos that is
significant (under the court's guidelines) within the five Burroughs of New York City.
Now there's no bright line test to this and the court reviews each case on a case by case
basis, but there has to be a substantial exposure within the 5 Burroughs of New York City in
order for a case to qualify under the New York City Asbestos Litigation in extremis
docket. Now these in extremis cases, once a case is accepted into the grouping they're
clustered twice per year.
There's a cluster that forms in the spring of the year and one
that forms in the fall of the year. And once the court accepts the case into that clustering,
the intent of the court system is to go to trial really within one year. And that's an
incredibly strong point of leverage for a victim of mesothelioma to prosecute their
case in an expedited way because these victims are suffering and they have a right to a fast
trial to have their day in court to talk about their exposures to asbestos. Now I'm sure
you have other questions about the time frame involved in prosecuting a mesothelioma case
in New York and other states and I can answer your questions.
I'm Joe Williams and in our
office we handle cases for mesothelioma victims every day. I encourage you to call the number
on your screen, that's our office number and we'll answer your questions. Thank you for
watching..
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