New York Asbestos Litigation

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

Recent NYCAL decisions will have a profound effect on the defense of asbestos suits. These decisions could result in extensive summary judgement motion practice focusing on the defendant's fiber/cc tests and expert reports putting any exposure that is deemed to be respirable below an ambient exposure threshold.

Expert Testimony

New York asbestos attorneys rely heavily on the testimony of expert witnesses to prove their clients' claims. Expert witness fees can account for an enormous portion of total costs involved in asbestos litigation. Lawyers for both sides could spend hundreds of hours prepping to interview an expert, and experts can charge thousands of dollars per day. Therefore, it is important for litigants to carefully research and vet potential experts prior to their appointment. Failure to do this can result in a failed Daubert Challenge and losing cases.

New York has a rich industrial history, and many workers have been exposed to toxic asbestos. Many of these workers have developed asbestos attorney-related diseases, including mesothelioma, lung cancer, and so on. They may seek 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. The courts, for instance expedite trials in cases of seriously ill plaintiffs and combine cases when necessary to reduce trial costs. In addition courts frequently review their discovery procedures to make sure they are up-to-date and efficient.

In a case that is notable, Brown v. Weitz & Luxenberg in which the First Department held that conclusory statements of exposure cumulatively made by the plaintiffs' experts were insufficient to establish the causation in asbestos cases. The defendants appealed the case, and a decision is expected in the near future.

The court's ruling is expected to impact asbestos lawyers litigation in New York. Mesothelioma lawyers have been bombarding television during the day with ads which urge victims to file asbestos lawsuits, promising massive 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 found guilty of federal corruption charges relating to the millions of dollars he earned from directing asbestos cases to his firm.

In addition to these legal developments, New Yorkers must continue to be vigilant about possible asbestos exposure in their workplaces and communities. Asbestos lawsuits have been on the rise and New York is among the most prominent jurisdictions for mesothelioma verdicts.

Summary Judgment

A New York asbestos lawyer can assist you in obtaining the compensation you're due.

Asbestos exposure can cause serious illnesses like mesothelioma or lung cancer. These diseases are agressive and have a long latency period which means that the victims could only have begun feeling symptoms as recent as 20 or 25 years after their initial exposure. There are steps that workers can take to prevent asbestos exposure and future disease. A number of major changes have taken place in the asbestos litigation environment in recent years. 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 stemmed from his secret moonlighting 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 shaken up the new Albany landscape. Justice Sherry Klein Heitler was removed as the long-time director 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 aftermath of the shake-up. His rulings have made it difficult for defendants to obtain summary judgment.

In Juni the year 2003, the Court of Appeals dealt NYCAL with a brutal dose of reality, rejecting the cumulative-exposure theory that had become fashionable in the litigation, and calling for plaintiffs to establish the causation of their claims with sufficient scientific evidence from their experts. This ruling gives New York asbestos attorneys a powerful tool to defend against allegations that claims are fraud or speculative.

In Reid v Abex, the Court of Appeals also gave asbestos defense attorneys support for their efforts to require plaintiffs to prove that there is a causal link between their asbestos-related disease and the particular products that they were exposed to. In this decision plaintiffs must demonstrate that their asbestos-related condition was caused by specific friction materials or linings provided by the defendant, not general exposure to asbestos attorney in the workplace.

Causation

The defendants will have to prove that asbestos caused the disease. It is generally accepted that a person's exposure to asbestos-containing substances is a cause of mesothelioma and other diseases, however, the law requires plaintiffs to establish specific exposure to products manufactured by particular defendants in order to prevail on their claims.

This is a challenging standard to achieve, particularly in NYCAL, where a single judge oversees the entire NYC asbestos litigation. In the 16 years since Parker, New York courts have been unable to apply the principles of the case. In 2016, for example the First Department in Matter of NYC Asbestos Litigation (Juni) found that a plaintiff's testimony that he "regularly exposed" himself to friction products containing asbestos was not sufficient under Nemeth to establish a specific causality.

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

New York state was the second most popular jurisdiction for mesothelioma-related lawsuits in 2019 and handles 6percent of all asbestos litigation. It is estimated that up to 13,000 patients have been diagnosed with mesothelioma in 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 aren't typically evident until 25 to 50 years after the first exposure. Many asbestos patients are fighting for the compensation they require to cover medical expenses loss of wages, companionship loss, in addition to other damages.

It is crucial to file your mesothelioma claim in a timely manner however, it is vital to work with an attorney for mesothelioma who can assist you in obtaining the highest amount of financial compensation. Contact a mesothelioma lawyer from NYC today to schedule your free, no-obligation consultation. Your lawyer can help you determine your rights to financial restitution from an asbestos trust fund.

Damages

If you're suffering from mesothelioma or another asbestos-related disease, a successful lawsuit could pay your family members for their losses. Compensation could cover your medical expenses, lost income due to being unable to work or take care of your home, pain and suffering, mental anguish and loss of quality of life, and funeral and burial costs. A seasoned New York mesothelioma attorney will look into the parties at fault and gather evidence to support 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 to streamline the process. They accelerate trials for plaintiffs who are terminally ill and put similar cases together. In addition the judges who handle these cases are aware of the heightened dangers associated with asbestos exposure and are trained to ensure that justice is done.

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

These lawsuits seek to punish corporate wrongdoers as well indemnizing victims of mesothelioma or other asbestos-related diseases. These lawsuits seek punitive damages awards that 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.

However, the NYCAL decision offers defendants an opportunity to win their struggle to avoid punitive damages awards. They were in danger of huge judgments in the past in the belief that their conduct had been so indecent that they would have to pay punitive damages to deter other people from following their example.

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