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New York Asbestos Litigation

New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma is a serious asbestos-related illness with long latency periods.

Recent NYCAL decisions are expected to have a major impact on the defense of asbestos lawsuits. These decisions could result in extensive summary judgement motion practice focusing on the defendant's fiber/cc test as well as expert reports putting any respirable exposure under the threshold of exposure to ambient air.

Expert Testimony

New York asbestos lawyers rely heavily on expert witness testimony to prove their clients' claims. Expert witness fees can account for an enormous portion of total costs in asbestos litigation. Lawyers on both sides could spend hours prepping to interview an expert, and experts can charge thousands of dollars per day. Therefore, it is essential that litigants examine and verify potential experts in advance. Failure to do this can result in a shaky Daubert Challenge and losing cases.

New York has a rich industrial past, and many workers have been exposed to asbestos, which is toxic. Many of these workers developed asbestos-related diseases, such as mesothelioma and lung cancer. Those who have suffered from these ailments can recover compensation from the companies who exposed them to asbestos.

Asbestos lawsuits are a common occurrence in New York, and judges are well-versed in the issues that arise. For example, the courts speed up trials for terminally ill plaintiffs, and they often consolidate cases to lower the cost of trial. Additionally the courts are regularly reviewing their discovery procedures to ensure they are up-to-date and effective.

In a case that is notable, Brown v. Weitz & Luxenberg in which the First Department held that conclusory cumulative exposure statements from plaintiffs' experts were insufficient to establish the causality in an asbestos case. The case was then appealed by the defendants, and a decision is expected soon.

The court's ruling is expected to have an impact on asbestos litigation across New York. At present, mesothelioma lawyer firms saturate the daytime with ads urging victims to file asbestos lawsuits, promising massive settlements. The niche litigation was particularly lucrative for plaintiffs' lawyers who paid millions of referral fees to Sheldon Silver. Silver was recently convicted of federal corruption charges related to the millions he made by sending asbestos cases to their firm.

New Yorkers should be vigilant in their workplaces and communities to avoid asbestos exposure. Asbestos lawsuits are on the rise, and New York is among the most sought-after jurisdictions for mesothelioma verdicts.

Summary Judgment

A New York asbestos attorney can assist you in receiving the amount of compensation you are due.

Asbestos exposure can lead to serious diseases, such as mesothelioma and cancer of the lung. These diseases are aggressive and have a long period of latency, meaning that victims may only have begun suffering from symptoms as recently as 20 or 25 years after their first exposure. There are steps that workers can take to protect themselves against asbestos exposure and prevent future illness. In recent years, the asbestos litigation landscape has seen a number of major changes. In 2015 the political establishment in New York was shook to its core by the conviction of Sheldon Silver for federal corruption charges. Silver's convictions for corruption were a result of his covert employment at the law firm Weitz & Luxenberg. He utilized this to earn millions in referral fees.

The courtroom politics on the NYCAL docket have also shaken the new Albany landscape. Justice Sherry Klein Heitler was replaced as the longtime manager of NYCAL docket in 2021 following reports that she'd given the "red carpet treatment" to asbestos claims 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 obtain summary judgment.

In Juni, the Court of Appeals dealt NYCAL with a brutal dose of reality, renouncing the cumulative exposure theory that had become fashionable in the litigation, and calling for plaintiffs to establish specific causation through sufficient scientific expression by their experts. This decision gives New York asbestos defense attorneys an effective tool to defend against claims of speculative and fraudulent claims.

In Reid In Reid Abex the Court of Appeals supported asbestos defense attorneys in their efforts to force plaintiffs to prove a causal connection between asbestos-related diseases and the products to which they were exposed. In this case plaintiffs must demonstrate that their asbestos-related condition was caused by specific friction materials or linings supplied by the defendant, not general exposure to asbestos in the workplace.

Causation

The most significant challenge facing defendants in asbestos cases is the need to prove causation. It is generally accepted that a person's exposure to asbestos-containing materials causes mesothelioma and various other diseases, but the law requires plaintiffs to establish the specific exposure to products produced by specific defendants in order to prevail on their claims.

This is a challenging standard to achieve, particularly in NYCAL where a single judge oversees all NYC asbestos litigation. In the 16 years since the decision of Parker, New York courts have been unable to apply the principles of this case. In 2016 the First Department in Matter of NYC asbestos attorneys Litigation, (Juni), ruled that an expert's evidence that a plaintiff "regularly" exposed himself to friction products containing asbestos lawyer was not sufficient to establish specific causality under Nemeth.

Juni has placed a significant burden on defendants and could force them settle their claims at a lower amount than what they are entitled to. A mesothelioma lawyer in NYC can explain to you the benefits of filing a lawsuit and your options for financial compensation if you have been diagnosed with mesothelioma.

New York state was the second most popular jurisdiction for mesothelioma-related lawsuits in 2019, and it handles 6% of national asbestos litigation. It is estimated that up to 13,000 people have been diagnosed with mesothelioma in the state. Most of the victims were contractors or employees exposed to asbestos in industrial applications.

The signs of mesothelioma aren't usually evident until 25 to 50 years after the first exposure. Many asbestos patients are fighting to get 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 in a timely manner, it is also crucial to consult with a knowledgeable mesothelioma attorney who can help you obtain the maximum amount of financial compensation that you can. Contact a mesothelioma attorney in NYC today to schedule a free, no-obligation consultation. Your attorney can discuss your eligibility for financial restitution from an asbestos trust fund.

Damages

If you're suffering from mesothelioma or any other asbestos-related disease A successful lawsuit can compensate your family for your losses. Compensation could cover your medical bills, income loss from being unable to work, home care expenses as well as pain and suffering mental anguish and loss of quality of life as well as funeral and burial costs. An experienced New York mesothelioma attorney will investigate the responsible parties and collect evidence to support your claims. Your lawyer will then start a civil lawsuit before the statute of limitations expires in your state.

The courts are familiar with asbestos lawsuits and have dockets specifically designed to simplify the process. They speed up trials for plaintiffs with terminal illnesses and group similar cases together. The judges handling these cases have been trained to ensure justice and are aware of the increased risks associated with asbestos.

According to a study conducted recently, New York City is the national center for asbestos litigation. Asbestos victims have claimed billions of dollars in settlements and verdicts. Mesothelioma is a cancer that can be fatal caused by exposure to dangerous asbestos fibers. It is a rare, incurable disease, however lawsuits filed against companies that exposed workers to the cancer-causing substance have helped compensate victims for their suffering.

These lawsuits aim to penalize corporate wrongdoers as in compensating mesothelioma victims or other asbestos-related diseases. The lawsuits seek punitive damages, which are awarded in addition to compensatory damages. They are designed to deter the defendant's conduct in the future, and discourage others from engaging in the same course of action.

The NYCAL decision gives defendants hope that they will avoid punitive damage awards. They were in danger of massive judgments in the past in the belief that their conduct was so bad that they should pay damages for punitive harm to deter other people from following suit.

Now, with the ruling in favor of plaintiffs, businesses named as defendants in NYCAL cases could be dismissed in a substantial percentage of their cases. This is because even if they get dismissed, they will need to incur legal fees to defend a case that they didn't deserve to be involved in.