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 long latency times.

Recent NYCAL decisions are expected to have a profound impact on the defense of asbestos lawsuits. These decisions are likely to result in extensive summary judgement motions focusing on the defendant's fiber/cc test as well as expert reports putting any exposure that is deemed to be respirable below an exposure threshold for ambient conditions.

Expert Testimony

New York asbestos attorneys rely heavily on the testimony of experts to prove their clients' claims. Asbestos litigation can be extremely expensive and expert witness fees account for a significant percentage of the total cost. Both sides can spend hundreds hours preparing to confront an expert. Experts can charge thousands of dollar per day. It is crucial that litigants carefully research and vet possible experts in advance. Failure to do this can 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 developed asbestos lawyers-related illnesses, like mesothelioma and lung cancer. Those who have suffered from these conditions are entitled to compensation from companies who exposed them to asbestos.

Asbestos lawsuits are an everyday in New York, and judges are well-versed in the issues that arise. The courts, for example speed up trials in cases of patients who are terminally ill and consolidate cases when necessary to cut down on the cost of trial. The courts also regularly review their discovery process to ensure that they are effective and current.

In one notable case, Brown v. Weitz & Luxenberg in which the First Department held that conclusory cumulative exposure statements by plaintiffs experts were not sufficient to establish the causation in asbestos cases. The case was re-argued by the defendants, and a ruling is expected soon.

The court's ruling is expected to impact asbestos litigation in New York. The mesothelioma lawyers are currently bombarding television during the day with ads which urge victims to file asbestos suits, promising huge settlements. The niche litigation has been particularly lucrative for plaintiffs' attorneys who have repaid millions of dollars in referral fees to former Assembly Speaker Sheldon Silver, who was recently found guilty of federal corruption charges that relate to the millions of dollars he made by directing asbestos cases to his firm.

New Yorkers must continue to be vigilant at work and in their communities regarding asbestos exposure. Asbestos lawsuits are on increase, and the state is one of the top jurisdictions for mesothelioma cases.

Summary Judgment

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

Asbestos exposure often leads to serious diseases, including mesothelioma and cancer of the lung. These diseases are agressive and have a long latency period which means that patients may be feeling symptoms as recent as 20 or 25 years after their first exposure. There are steps workers can take to avoid asbestos exposure and a subsequent disease. A number of major changes have taken place in the asbestos litigation scene in recent years. The most significant change occurred in 2015, when New York's political establishment was shaken to the foundation following the conviction on federal corruption charges against former Assembly Speaker Sheldon Silver. Silver's convictions for corruption stemmed from his secretly working for the law firm of Weitz & Luxenberg, which employed him to earn millions of dollars in referral fees for the firm.

The new Albany landscape has also been shattered by the courtroom politics of the NYCAL docket. The long-time head of the NYCAL docket, Justice Sherry Klein Heitler was replaced in 2021 amid reports that she gave the "red-carpet treatment" to asbestos cases brought by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the aftermath of the shake-up. His decisions have made it more difficult for defendants to obtain summary judgement.

In Juni the year 2003, the Court of Appeals gave NYCAL a hefty dose of reality, rejecting the theory of cumulative exposure that was popular in the litigation. Instead it demanded that plaintiffs establish specific causation using sufficient scientific proof from their experts. This decision gives New York asbestos attorneys a strong argument against allegations that claims are false or speculative.

In Reid v Abex, the Court of Appeals also gave asbestos defense attorneys support for their efforts to require plaintiffs to establish the existence of a specific causal connection between their asbestos-related condition and the specific products they were exposed to. In this case, plaintiffs are required to prove that their asbestos-related disease was caused by specific friction materials or linings provided by the defendant, not general exposure to asbestos in the workplace.

Causation

The most significant challenge facing defendants in asbestos cases is the need to prove that there is a causal link. The consensus is that exposure to asbestos-containing materials can lead to mesothelioma or other diseases. However the law requires plaintiffs to be able to prove specific exposure to certain products produced by certain defendants for their claims to be successful.

This is a difficult standard to meet, particularly in NYCAL where a single 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, for instance 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 lawyers was not sufficient under Nemeth to establish a specific causation.

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 attorney in NYC will explain the benefits of filing a lawsuit and your options for financial restitution if you're diagnosed with mesothelioma, or other asbestos-related illnesses.

New York state was the second most popular state for mesothelioma-related lawsuits in 2019 and is responsible for 6percent of all asbestos litigation. Around 13,000 people have been diagnosed with the disease in New York. The majority of the victims have been workers or contractors who were exposed to asbestos when it was being used in industrial processes.

The signs of mesothelioma aren't usually evident until between 25 and 50 years after exposure. Many asbestos patients are fighting for the compensation they need for medical expenses as well as lost wages and companionship loss, in addition to other damages.

It is essential to file your mesothelioma lawsuit promptly however, it is vital to work with an attorney for mesothelioma who can assist you in seeking the highest amount of financial compensation. Contact a mesothelioma lawyer from NYC today to set up a free, no-obligation consultation. Your attorney can discuss your rights to financial restitution from an asbestos trust fund.

Damages

If you're suffering from mesothelioma or any other asbestos-related disease, a successful lawsuit may provide your family with compensation for their losses. Compensation can cover medical bills, lost wages due to inability to work, home care expenses, mental anguish and suffering loss of quality funeral and burial costs, and other expenses. An experienced New York asbestos lawyer will investigate the responsible parties to gather evidence and support your claim. After that, your lawyer can bring a lawsuit in civil court before the state's time limit expires.

The courts are well-versed in asbestos lawsuits and have dockets that are specifically designed to speed up the process. They speed up trials for terminally ill plaintiffs and put similar cases together. The judges who are handling these cases have been trained to ensure justice and are aware of the increased risks associated with asbestos.

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 is a fatal cancer is caused by asbestos fibers. It is a rare, incurable illness, but lawsuits brought against companies that exposed workers to the cancer-causing substance have helped compensate victims for their suffering.

In addition to remunerating the victims of mesothelioma and the other asbestos-related illnesses, these lawsuits are aimed at punishing corporate wrongdoers. These lawsuits seek punitive damage awards in addition to compensatory damages. They are designed to deter the defendant's actions in the future and deter others from engaging in a similar course of action.

However, the NYCAL decision provides defendants with a glimmer of hope in their struggle to avoid punitive damages awards. In the past, they faced the possibility of huge judgments in these cases according to the popular belief that their conduct was so outrageous that they had to pay punitive damages in order to discourage others from following suit.

Now, with the ruling in favor of plaintiffs, businesses that are named as defendants in NYCAL cases are likely to be dismissed in a substantial proportion of their cases. Even if they are dismissed but they'd still have to pay legal fees to defend a case they did not deserve to be in.