New York Asbestos Litigation

New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma is a very serious asbestos-related illness with a long latency period is the second most prevalent mesothelioma patient in the country in the year 2019.

Recent NYCAL decisions are likely to have a major impact on the defense of asbestos lawsuits. These decisions will likely result in extensive summary judgment motion practice focused on the defendant's fiber/cc test as well as expert reports putting any respirable exposure under an exposure threshold for ambient conditions.

Expert Testimony

New York asbestos attorneys rely heavily on the testimony of experts to prove their clients' claims. Expert witness fees can make up a significant proportion of total cost of asbestos litigation. Both sides could spend hundreds of hours preparing to question an expert. Experts can charge thousands of dollars per day. It is crucial that litigants conduct thorough research and vet possible experts prior to interviewing them. Failure to do this could result in a failure of the Daubert contest and a loss of cases.

New York has a rich industrial past, and many workers have been exposed to asbestos, which is toxic. Many of these workers have been diagnosed with asbestos-related illnesses, including mesothelioma and lung cancer. People who have been affected by these diseases can seek compensation from the companies that exposed them to asbestos.

Asbestos suits are quite common in New York and the judges are well-versed in the subject. The courts, for example speed up trials in cases of terminally ill plaintiffs and consolidate cases when necessary to reduce the cost of trial. In addition, courts regularly review their discovery procedures to ensure that they are current and efficient.

In a landmark case, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements of plaintiffs' experts did not prove causality. The case was re-argued by defendants, and a decision is expected soon.

The court's decision is likely to impact asbestos litigation throughout New York. Currently, specialized mesothelioma law firms pepper daytime TV with commercials urging victims to make asbestos lawsuits and promise giant 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 convicted on federal corruption charges related to the millions of dollars he earned from directing asbestos cases to his firm.

In addition to these legal developments, New Yorkers must remain vigilant about possible asbestos lawyers exposure at work and in their communities. asbestos attorney lawsuits are on the rise and the state is one of the top jurisdictions for mesothelioma cases.

Summary Judgment

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

Asbestos exposure can lead to serious diseases, such as mesothelioma as well as lung cancer. These diseases are aggressive, and they have a long latency time. This means that the victims might not be experiencing symptoms until 20 or 25 years following the initial exposure. There are steps workers can take to avoid asbestos exposure and future illnesses. There have been a number of significant changes in the asbestos litigation scene in recent years. The most significant change came in 2015 in which the New York political establishment was shaken to its core by the conviction on federal corruption charges brought against former Assembly Speaker Sheldon Silver. Silver's convictions for corruption were a result of his covert employment at the law firm Weitz & Luxenberg. He used this to earn millions in referral fees.

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

In Juni the year 2003, the Court of Appeals dealt NYCAL with a brutal dose of reality, renouncing the cumulative exposure theory that was becoming popular in the litigation and requiring plaintiffs to prove 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 to be speculative or fraudulent.

In Reid v. Abex, the Court of Appeals also gave asbestos lawsuit defense lawyers support for their efforts to require plaintiffs to establish the existence of a specific causal connection between their asbestos-related illness and the particular products that they were exposed to. The decision imposes plaintiffs with the obligation to establish that their disease was caused by the specific linings and friction materials which were supplied by the defendant, and not general exposure to asbestos in the workplace.

Causation

The biggest challenge for asbestos defendants is the need to prove that there is a causal link. It is generally accepted that exposure to asbestos-containing substances can cause mesothelioma, among other diseases, however, the law requires plaintiffs to prove specific exposure to products manufactured by specific defendants in order to prevail on their claims.

This is a challenging standard to achieve, particularly in NYCAL, where a single judge manages the entire NYC asbestos litigation. In the 16 years since Parker, New York courts have had a difficult time applying the principles outlined in that case. In 2016, for example the First Department in Matter of NYC Asbestos Litigation (Juni) ruled that a plaintiff's expert declaration that he "regularly exposed" himself to asbestos-containing friction products was not sufficient under Nemeth to satisfy a specific causation.

Juni has imposed a substantial burden on defendants in NYCAL and could oblige them to settle their claims at a lower amount than they are entitled to. A mesothelioma attorney in NYC can explain the advantages of filing a lawsuit as well as your options for financial restitution if you are diagnosed with mesothelioma or any other asbestos attorney-related illnesses.

New York State was the second most popular state for mesothelioma suits in 2019. It was the sole handler of about 6% of the asbestos litigation across the country. As many as 13,000 people have been diagnosed with the disease in New York. The majority of victims were workers or contractors exposed to asbestos in industrial applications.

The symptoms of mesothelioma usually don't manifest until between 25 to 50 years after initial exposure. Many asbestos patients are fighting for the compensation they require to cover medical costs as well as lost wages, loss of companionship, and other damages.

While it is crucial to file a mesothelioma lawsuit in a timely manner, it is also crucial to partner with a seasoned mesothelioma lawyer who will assist you in obtaining the highest financial restitution possible. Contact a mesothelioma lawyer in NYC to schedule a free appointment that is no-obligation. Your lawyer can help you determine if you're qualified for financial compensation from an asbestos trust.

Damages

If you have mesothelioma, or another asbestos-related disease, a successful lawsuit could compensate your family's losses. Compensation could cover medical expenses as well as lost wages due to inability to work, home care expenses, mental stress and pain loss of quality, funeral and burial costs, and other costs. An experienced New York asbestos lawyer will examine the parties responsible to collect evidence and support your claim. After this, your lawyer may start a civil lawsuit in court before the state's statute of limitations expires.

The courts are familiar with asbestos lawsuits and have dockets specifically designed to speed up the process. They accelerate trials for plaintiffs with terminal illnesses and group similar cases together. In addition the judges who handle these cases are aware of the increased risks associated with asbestos exposure and are trained to ensure that justice is served.

According to a study that was conducted recently, New York City is the main hub in the country for asbestos litigation. Asbestos-related victims have claimed billions of dollars in settlements and verdicts. Mesothelioma is a cancer that can be fatal that is caused by exposure to hazardous asbestos fibers. It is a rare and incurable disease, but lawsuits against companies that exposed workers to the cancer-causing chemical have led to compensation for victims for their suffering.

These lawsuits are designed to punish corporate wrongdoers as well in compensating mesothelioma victims or other asbestos-related illnesses. The lawsuits seek punitive damages, which are awarded in addition to compensatory damages. They are intended to deter the defendant's actions in the future and discourage others from taking part in the same course of action.

However, the NYCAL decision offers defendants a glimmer of hope in their battle to avoid punitive damages awards. They faced the prospect of massive judgments in the past, on the basis that their conduct had been so egregious, that they would have to pay punitive damage awards to deter other people from following their example.

With the decision in favor of plaintiffs, it is likely that a lot of the companies that were named as defendants will be dismissed. This is because even if they're dismissed, they will be required to pay legal fees to defend a case they did not merit to be involved in.