New York Asbestos Litigation

New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma, a serious asbestos-related illness with a long period of latency is the second most frequent mesothelioma-related case in the United States in 2019.

Recent NYCAL decisions are likely to have a significant impact on the defense of asbestos lawsuits. These decisions are likely to result in extensive summary judgement motion practice focusing on the defendant's fiber/cc tests and expert reports that place any respirable exposure under an ambient exposure threshold.

Expert Testimony

New York asbestos attorneys rely heavily on the testimony of experts to back up their client's claims. Expert witness fees can be a an enormous portion of total cost of asbestos litigation. Lawyers for both sides can spend hundreds of hours in preparation to confront an expert, while experts can charge thousands of dollars per day. It is therefore important that litigants conduct thorough 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 history, and many workers have been exposed to asbestos, which is toxic. Many of these workers have developed asbestos-related diseases, such as mesothelioma and lung cancer. Those who have been affected by these diseases can seek compensation from the companies who exposed them to asbestos.

Asbestos suits are commonplace in New York and the judges are familiarized with the issues. For example, the courts speed up trials for ill plaintiffs, and they often consolidate cases to lower the cost of trial. The courts also periodically review their discovery procedure to ensure that it is effective and up-to-date.

In a notable case, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements by plaintiffs’ experts were not sufficient to establish causation. The case was appealed by defendants, and a ruling is expected soon.

The court's ruling is expected to impact asbestos litigation across New York. There are currently mesothelioma-specific law firms saturate the daytime with advertisements urging people to bring asbestos lawsuits, promising giant settlements. The specialized litigation has been particularly lucrative for plaintiffs' lawyers who have paid millions of dollars in referral fees to former Assembly Speaker Sheldon Silver, who was recently convicted on federal corruption charges relating to the millions of dollars he made from directing asbestos cases towards his firm.

New Yorkers should be aware in their workplaces and communities to avoid asbestos exposure. Asbestos-related lawsuits are on the rise and New York is among the top jurisdictions in mesothelioma verdicts.

Summary Judgment

A New York asbestos attorney can assist you in obtaining the compensation you deserve.

Asbestos exposure can cause serious illnesses like mesothelioma and lung cancer. These are serious diseases and have a long time to develop. This means that the victims may not have started experiencing symptoms until 20 or 25 years following their initial exposure. There are steps workers can take to prevent asbestos exposure and the development of a future illness. In recent years the asbestos litigation scene has undergone several significant changes. In 2015 the political establishment in New York was shook to its foundation by the conviction of Sheldon S. Silver on federal corruption charges. Silver's convictions for corruption were a result of his covert employment at the law firm Weitz & Luxenberg. He made millions in referral fees.

The courtroom politics on the NYCAL docket have also shaken up the new Albany landscape. Justice Sherry Klein Heitler was removed as the long-time director of the NYCAL docket in 2021 amid reports that she had given the "red carpet treatment" to asbestos claims brought by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the following shake-up. His decisions have put a huge burden on defendants, making it almost impossible for them to get summary judgment.

In Juni, the Court of Appeals dealt NYCAL with a savage dose of reality, renouncing the cumulative exposure theory that was popular in the court case and calling for plaintiffs to establish specific causation by proving it through scientific evidence from their experts. This ruling gives New York asbestos attorneys a strong argument against claims that claim they are fraud or speculative.

In Reid in Reid Abex, the Court of Appeals also gave asbestos defense attorneys a boost in their efforts to require plaintiffs to prove the existence of a specific causal connection between their asbestos-related disease and the particular products that they were exposed to. In this ruling plaintiffs must prove that their asbestos-related illness was caused by specific friction materials or linings supplied by the defendant, not general workplace exposure to asbestos.

Causation

The biggest challenge for defendants in asbestos cases is the need to prove causation. The general consensus is that exposure to asbestos-containing substances can lead to mesothelioma or other illnesses. However the law requires that plaintiffs be able to prove specific exposure to certain products made by certain defendants for their claims to be successful.

This is a difficult standard to meet, particularly in NYCAL where only one judge oversees all NYC asbestos litigation. In the 16 years since Parker, New York courts have struggled to apply the principles outlined in this case. In 2016, for example, the First Department in Matter of NYC asbestos attorney Litigation (Juni) decided that a plaintiff's expert testimony that he "regularly exposed" himself to friction products containing asbestos was not sufficient under Nemeth to satisfy a specific causality.

Juni has placed a heavy burden on defendants, and could oblige them to to settle their claims for less than they are entitled. A mesothelioma lawyer from NYC can explain the advantages of filing a lawsuit and your options to receive financial compensation if you have been diagnosed with mesothelioma.

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

The signs of mesothelioma typically do not appear until 25 to 50 after the initial exposure. Many asbestos victims are now fighting to get the compensation they require to cover medical costs as well as lost wages, loss of companionship and other losses.

It is crucial to file your mesothelioma lawsuit promptly, but it is also vital to work with a mesothelioma lawyer who can help you seek the maximum financial restitution. Contact a mesothelioma lawyer from NYC today to schedule a free no-obligation consultation. Your attorney will be able to discuss your eligibility for financial restitution from an asbestos trust fund.

Damages

If you're suffering from mesothelioma or another asbestos-related disease, a successful lawsuit can pay for the losses of your family. Compensation could pay for medical expenses, lost income due to being unable to work and home care expenses as well as pain and suffering mental anxiety and loss of quality of life, as well as funeral and burial costs. An experienced New York mesothelioma attorney will look into the parties at fault and gather evidence to back your claims. Your lawyer will then start a civil lawsuit before the statute of limitations expires in your state.

The courts have specialized dockets for asbestos cases in order to speed up the process. They speed up trials for terminally ill plaintiffs and group similar cases. In addition, the judges handling these cases are aware of the increased dangers 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 claimed billions of dollars in settlements and verdicts. Mesothelioma is a fatal cancer caused by exposure to harmful asbestos fibers. It is a rare, incurable type of cancer. However, lawsuits filed against companies who exposed workers to asbestos fibers have resulted in compensation for victims.

These lawsuits are designed to penalize corporate wrongdoers as indemnizing victims of mesothelioma or other asbestos-related illnesses. These lawsuits seek punitive damages awards in addition to compensatory damages. They are designed to discourage the defendant's behavior in the future and deter others from participating 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 egregious, that they would have to pay damages for punitive harm to deter other people from following suit.

With the decision in favor of plaintiffs, businesses named as defendants in NYCAL cases can expect to be dismissed in a large proportion of their cases. Even if they are dismissed, they would still have to pay legal fees to defend a case they did not deserve to be involved in.