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 a long latency period, is the second most prevalent mesothelioma patient in the country in 2019.

Recent NYCAL decisions will have a profound impact on the defense of asbestos suits. These decisions are likely to result in extensive summary judgement motion practice focusing on the defendant's fiber/cc test as well as 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 account for significant proportion of total costs in asbestos litigation. Lawyers on both sides could spend hundreds of hours prepping to interview an expert, while experts can charge thousands of dollars per day. For this reason, it is essential for litigants to examine and verify potential experts prior to hiring them. Failure to do this can result in a shaky Daubert Challenge and losing cases.

New York has had a long history of industrial activity. Many workers were exposed to asbestos. Many of these workers have developed asbestos-related illnesses, like mesothelioma, lung cancer, and so on. Those who have suffered from these conditions can seek compensation from the companies that exposed them to asbestos.

Asbestos lawsuits are a common occurrence 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 necessary to cut down on the cost of trial. The courts also review their discovery process to ensure that it is effective and current.

In one notable case, Brown v. Weitz & Luxenberg, the First Department held that conclusory cumulative exposure statements from plaintiffs experts were not sufficient 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 decision is likely to have a profound impact on asbestos litigation in New York. The mesothelioma lawyers are bombarding the daytime TV with ads that encourage asbestos victims to file lawsuits, promising massive settlements. The niche litigation was especially lucrative for plaintiffs' lawyers who paid millions of referral fees to Sheldon Silver. Silver was recently convicted of federal corruption charges in relation to the millions he made by sending asbestos lawyer cases to their firm.

In addition to these legal developments, New Yorkers must remain alert to asbestos exposure at work and in their communities. Asbestos-related lawsuits are on the increase and the state is one of the top jurisdictions for mesothelioma cases.

Summary Judgment

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

Asbestos exposure can cause serious illnesses like mesothelioma or lung cancer. These are serious diseases, and they have a long latency time. This means that the victims might not be developing symptoms until twenty or 25 years after their first exposure. There are steps that workers can take to safeguard themselves from asbestos exposure and avoid future illnesses. 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 the conviction of Sheldon Silver for federal corruption charges. Silver's convictions for corruption stemmed from his secretly working at the law firm of Weitz & Luxenberg, which he used to earn millions of dollars in referral fees for the firm.

The courtroom politics on the NYCAL docket have also impacted the new Albany landscape. The long-time head of the NYCAL docket, Justice Sherry Klein Heitler was replaced in 2021 following reports that she gave the "red-carpet treatment" to asbestos cases brought by Weitz & Luxenberg. Following this reshuffle, Justice Peter Moulton has taken the reigns of NYCAL. His decisions have placed a heavy burden on defendants, making it almost impossible for them to obtain summary judgment.

In Juni the year 2003, the Court of Appeals dealt NYCAL with a savage dose of truth, rejecting the cumulative-exposure theory that was popular in the litigation and requiring plaintiffs to prove specific causation by proving it through scientific expression by their experts. This decision gives New York asbestos attorneys a powerful tool to defend against allegations that claims are 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-related illness and the specific products they were exposed to. In this case plaintiffs are required to prove that their asbestos-related illness was caused by specific friction materials or linings supplied by the defendant rather than general workplace exposure to asbestos.

Causation

The biggest challenge for asbestos defendants is the need to prove that there is a causal link. It is generally accepted that a person's exposure to certain asbestos-containing materials can cause mesothelioma and other diseases, however, the law requires plaintiffs to prove the specific exposure to products produced by particular defendants to be successful in their claims.

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

Juni has put a huge burden on defendants in NYCAL and may oblige them to settle their claims for less than they are entitled to. A mesothelioma lawyer in NYC can explain the advantages of filing suit and your options to receive financial compensation if you have been diagnosed with mesothelioma.

New York State was the second most popular mesothelioma-related jurisdiction suits in the year 2019. It was the sole handler of about 6% of the asbestos litigation across the country. It is estimated that around 13,000 people have been diagnosed with mesothelioma in the state. The majority of patients were contractors or employees exposed to asbestos in industrial applications.

The symptoms of mesothelioma don't typically evident until between 25 and 50 years after the first exposure. Many asbestos victims are fighting for the compensation they require for medical expenses as well as lost wages and companionship loss, among other damages.

It is essential to file your mesothelioma claim promptly however, it is essential to work with an attorney for mesothelioma who can help you seek the highest amount of financial compensation. Contact a mesothelioma lawyer in NYC today to schedule a free no-obligation consultation. Your attorney will be able to discuss your eligibility for financial compensation from an asbestos lawyer trust fund.

Damages

If you suffer from mesothelioma or another asbestos-related disease, a successful lawsuit could compensate your family's losses. Compensation can cover medical bills, lost wages due to inability to work, home care expenses, mental stress and pain loss of quality funeral and burial costs, as well as other expenses. A seasoned New York mesothelioma attorney will look into the parties at fault and gather evidence to support your claims. After that, your lawyer can start a civil lawsuit in court before your state's time limit expires.

The courts are familiar with asbestos lawsuits, and they have specialized dockets to help speed up the process. They speed up trials for terminally ill plaintiffs, and also group similar cases. In addition the judges who handle these cases are aware of the increased dangers associated with asbestos exposure and are trained to ensure that justice is served.

According to a research study conducted recently, New York City is the nation's hub for asbestos litigation. asbestos lawsuit victims have received billions of dollars in settlements and verdicts. Mesothelioma is a fatal cancer that is caused by exposure to hazardous asbestos fibers. It is a rare and fatal disease, but lawsuits against companies that exposed workers to asbestos cancer-causing substance have helped compensate victims for their suffering.

In addition to compensating victims of mesothelioma as well as other asbestos-related diseases the lawsuits aim at securing the retribution of corporate wrongdoers. These lawsuits seek punitive damages awards, which are in addition to compensatory damages. They are designed to discourage the defendant's behavior in the future, and discourage others from taking part in the same course of action.

The NYCAL decision gives defendants hope that they will avoid punitive damages. In the past, they been facing the prospect of huge judgments in these cases according to the popular belief that their conduct was so indefensible that they must pay punitive damages to prevent others from committing the same crime.

With the ruling in favor plaintiffs, it is expected that many of the companies that were named as defendants will be disqualified. Even if they were dismissed but they'd still have to pay legal fees to defend a case they didn't deserve to be in.