New York Asbestos Litigation

New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma is an asbestos-related disease that is serious and has prolonged latency.

Recent NYCAL decisions will have a profound impact on the defense of asbestos lawsuits. These decisions are likely to result in a significant number of summary judgment motions based upon the asbestos defendant's tests for fiber/cc as well as expert reports that put any exposure that can be deemed respirable below an exposure threshold in the ambient.

Expert Testimony

New York asbestos attorneys rely heavily on the testimony of experts to prove their clients' claims. Expert witness fees can be a an enormous portion of total costs in asbestos litigation. Lawyers for both sides could spend hours in preparation to question an expert, and experts can charge thousands of dollars per day. It is therefore important that litigants conduct thorough study and evaluate potential experts prior to interviewing them. In the absence of doing so, it could result in a failure of the Daubert challenge and lost cases.

New York has had a long history of industrial activity. Many workers were exposed to asbestos. Many of these workers have been diagnosed with asbestos-related diseases, such as mesothelioma as well as lung cancer. Those who have suffered from these conditions can seek compensation from the companies who exposed them to asbestos.

Asbestos lawsuits are a common in New York, and judges are familiar with the issues involved. The courts, for example expedite trials for terminally ill plaintiffs and consolidate cases when needed to reduce the cost of trial. The courts also regularly review their discovery procedure to ensure that they are efficient and up-to-date.

In a notable case, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements of plaintiffs' experts did not prove causation. The case was then appealed by the defendants, and a decision is expected in the near future.

The court's decision is likely to have an impact on asbestos litigation across New York. The mesothelioma lawyers are currently bombarding daytime television with commercials that encourage asbestos victims to file lawsuits, promising huge settlements. The niche litigation has been particularly lucrative for plaintiffs' attorneys, who have paid millions of dollars in referral fees to former Assembly Speaker Sheldon Silver, who was recently found guilty of federal corruption charges relating to the millions of dollars he earned from directing asbestos cases to his firm.

New Yorkers should continue to be vigilant in their workplaces, and communities about asbestos exposure. Asbestos lawsuits have been on the rise and New York is one of the top jurisdictions for mesothelioma cases.

Summary Judgment

A New York asbestos lawyer can help you obtain the compensation you're due.

Asbestos exposure can cause serious diseases like mesothelioma or lung cancer. These diseases are aggressive and have a long time of latency which means that the victims could only have begun experiencing symptoms as recently as 20 or 25 years after their initial exposure. There are steps workers can take to prevent asbestos exposure and future illness. There have been a number of significant changes in the asbestos litigation landscape in recent years. In 2015, the political establishment in New York was shook to its core by Sheldon Silver's conviction on federal charges of corruption. Silver's corruption convictions stemmed from his secretly working at the law firm of Weitz & Luxenberg, which was where he earned millions of dollars in referral fees for the firm.

The new Albany landscape has also been shaken by the courtroom politics of the NYCAL docket. The longtime manager of the NYCAL docket, Justice Sherry Klein Heitler was sacked in 2021 amidst reports that she gave the "red-carpet treatment" to asbestos cases brought by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the following shake-up. His decisions have placed a significant burden on defendants, making it nearly impossible for them to get summary judgment.

In Juni, the Court of Appeals dealt NYCAL with a savage dose of reality, rejecting the cumulative exposure theory that had become fashionable in the litigation 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 powerful weapon to defend against claims that claim to be false or speculative.

In Reid in Reid Abex, the Court of Appeals also gave asbestos defense lawyers support for their efforts to require plaintiffs to prove that there is a causal link between their asbestos attorneys-related illness and the specific products they were exposed to. In this ruling plaintiffs must prove that their asbestos-related illness was caused by specific friction materials or linings provided by the defendant rather than general workplace exposure to asbestos.

Causation

The most difficult challenge facing defendants in asbestos cases is the need to prove causation. It is generally accepted that a person's exposure to certain asbestos-containing materials can cause mesothelioma and various other diseases, however, the law requires plaintiffs to prove specific exposure to certain products made by particular defendants to be successful in their claims.

This is a difficult standard to meet, especially in NYCAL where only one judge oversees all NYC asbestos litigation. In the 16 years since Parker, New York courts struggle to apply the principles from the case. In 2016, the First Department in Matter of NYC Asbestos Litigation, (Juni) decided that an expert's testimony that plaintiff "regularly" exposed himself to friction products containing asbestos was not enough to establish the requirement of specific causality under Nemeth.

Juni has placed a significant burden on defendants and may oblige them to to settle their claims for less than what they are entitled to. A mesothelioma attorney in NYC can explain the advantages of filing a lawsuit and the options for restitution financial if you are diagnosed with mesothelioma, or other asbestos lawsuit-related illnesses.

New York state was the second most popular jurisdiction for mesothelioma lawsuits in 2019 and is responsible for 6percent of all asbestos litigation. It is estimated that around 13,000 patients have been diagnosed with mesothelioma in the state. The majority of patients were contractors or employees exposed to asbestos in industrial settings.

Symptoms of mesothelioma are not typically apparent until 25 to 50 years after exposure. Many asbestos victims are fighting for the compensation they need for medical expenses, lost wages and companionship loss, in addition to other damages.

It is important to file your mesothelioma suit in a timely fashion, but it is also important to consult a mesothelioma lawyer who can assist you in obtaining the highest amount of financial compensation. Contact a mesothelioma lawyer in NYC to set up a no-cost appointment, no-obligation. Your lawyer can assist you determine if you're qualified for financial compensation from an asbestos trust.

Damages

If you suffer from mesothelioma or a similar asbestos-related condition A successful lawsuit could compensate your family's losses. Compensation could pay for medical bills, lost income from being unable, home care expenses as well as pain and suffering mental anguish and loss of quality of life, as well as funeral and burial costs. A seasoned New York asbestos lawyer will examine the parties responsible to collect evidence and support your claim. After this, your lawyer may bring a lawsuit in civil court before the state's statute of limitations runs out.

The courts are familiar with asbestos lawsuits, and have specialized dockets to help streamline the process. They speed up trials for plaintiffs who are terminally ill and put similar cases together. Additionally the judges who handle these cases are aware of the higher dangers associated with asbestos exposure and are trained to ensure justice is done.

According to a study conducted recently, New York City is a national hub for asbestos litigation. Asbestos victims received billions in settlements and verdicts. Mesothelioma, a deadly cancer is caused by asbestos fibers. It is a rare and fatal disease, however lawsuits filed against companies that exposed workers to asbestos cancer-causing chemical have led to compensation for victims for their suffering.

These lawsuits are designed to punish 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 the chance to avoid punitive damage awards. Prior to this, they faced the prospect of massive judgments in these cases according to the popular belief that their conduct was so indefensible that they should be forced to pay punitive damages to prevent others from following suit.

With the decision in favor of plaintiffs, companies that are named as defendants in NYCAL cases could be dismissed in a significant portion of their cases. This is because even if they get dismissed, they will still be required to pay legal costs to defend a case that they didn't deserve to be involved in.