Asbestos Lawsuits (S.7810 A.8033)

February 17th, 2022

RE:   AN ACT to amend the civil practice law and rules, in relation to filing initial disclosures in asbestos actions

MEMORANDUM IN SUPPORT

Upstate United, a non-partisan, pro-taxpayer, pro-economic growth, education and advocacy coalition made up of business and trade organizations from all parts of Upstate New York strongly supports this legislation.

This bill would require that there is actual evidence against a defendant in an asbestos personal injury or death action. Small businesses across the state have had to deal with bad faith, shady tactics used to bring asbestos lawsuits brought against them, many with no evidence of exposure at all. This is a win-win, it protects businesses from predatory lawsuits while not affecting those with actual evidence from pursuing their asbestos related claims. 

Small businesses have not recovered from Covid-19, common sense policies like this are needed now more than ever. When these lawsuits are brought, regardless of evidence it costs the defendants at least $20,000 in these cases. While many of these small businesses in NY are struggling to recover, a $20,000+ lawsuit could be all it takes to put them out of business for good.

Upstate United has consistently advocated for policies that will make New York a better place to do business. If enacted, this legislation would allow small businesses to take a step in the right direction to recovery after one of the most economically damaging stretches in recent history. 

For these reasons Upstate United strongly supports the enactment of this legislation.