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 period of latency, is the second most prevalent mesothelioma case nationwide in 2019.

Recent NYCAL decisions are expected to have a major impact on the defense of asbestos lawyers lawsuits. These decisions are likely to result in extensive summary judgment motions focusing on the defendant's fiber/cc test 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 experts to support their client's claims. Expert witness fees can be a a large percentage of the total cost of asbestos litigation. Both sides can devote hundreds of hours preparing to confront an expert. Experts can charge thousands of dollar per day. It is therefore important that litigants carefully research and vet possible experts prior to interviewing them. In the absence of this, it could result in a shaky Daubert Challenge or losing 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 illnesses, including mesothelioma and cancer of the lung. They can seek compensation from the companies who exposed them to asbestos.

Asbestos lawsuits are an everyday event in New York, and judges are familiar with the issues involved. The courts, for example speed up trials in cases of terminally ill plaintiffs and consolidate cases when needed to reduce the cost of trial. The courts also periodically review their discovery process to ensure that they are effective and up-to-date.

In a case that is notable, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements made by plaintiffs' experts were not sufficient to establish the causality. The defendants appealed the case, and a decision is expected soon.

The court's decision is likely to have an impact on asbestos litigation across New York. Currently, specialized mesothelioma law firms fill the air with commercials urging victims to file asbestos lawsuits, promising massive 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 related to the millions of dollars he made by directing asbestos cases to his firm.

In addition to these legal developments, New Yorkers need to remain vigilant about possible asbestos exposure at work and in their communities. Asbestos lawsuits are on the rise and New York is among the most sought-after jurisdictions for mesothelioma verdicts.

Summary Judgment

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

Asbestos exposure can lead to serious diseases such as mesothelioma and lung cancer. These diseases are extremely serious, and they have a long time to develop. This means that the victims might not be developing symptoms until 20 or 25 years after their first exposure. There are steps workers can take to reduce the risk of asbestos exposure and the development of a future illnesses. In recent years the asbestos litigation scene has seen major changes. In 2015 the political establishment of New York was shook to its foundation by the conviction of Sheldon S. Silver on federal corruption charges. Silver's convictions for corruption were a result of his covert employment at the law firm Weitz & Luxenberg. He utilized this to earn millions in referral fees.

The courtroom politics on the NYCAL docket have also shaken the new Albany landscape. The long-time head 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. In the wake of this shakeup, Justice Peter Moulton has taken charge of NYCAL. His rulings have made it more difficult for defendants to obtain summary judgement.

In Juni the year 2003, the Court of Appeals dealt NYCAL with a brutal dose of reality, rejecting the cumulative-exposure theory that was popular in the court case and calling for plaintiffs to establish the causation of their claims with sufficient scientific expression by their experts. This ruling gives New York asbestos attorneys a strong argument against claims that claim they are speculative or fraudulent.

In Reid in Reid Abex the Court of Appeals supported asbestos defense attorneys in their efforts to force plaintiffs to prove a causal link between asbestos-related diseases and products to which they were exposed. This decision imposes plaintiffs with the responsibility to prove that their illness was caused by the specific friction materials and linings that were provided by the defendant, and not general exposure to asbestos in the workplace.

Causation

The defendants will need to demonstrate that asbestos caused the disease. There is a consensus that exposure to asbestos-containing materials can lead to mesothelioma or other diseases. However the law requires plaintiffs to demonstrate specific exposure to the products manufactured by certain defendants in order to be considered valid.

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 have struggled to apply the principles of this case. In 2016, for instance the First Department in Matter of NYC Asbestos Litigation (Juni) found that a plaintiff's evidence that he "regularly exposed" himself to asbestos lawyers-containing friction products was not sufficient under Nemeth to satisfy a specific causality.

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

New York state was the second most popular jurisdiction for mesothelioma-related lawsuits in 2019 and is responsible for about 6% of the national asbestos litigation. It is estimated that as many as 13,000 patients have been diagnosed with mesothelioma within the state. The majority of the victims have been workers or contractors who were exposed to asbestos as it was employed in industrial applications.

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

It is essential to file your mesothelioma suit in a timely manner, but it is also essential to work with an attorney for mesothelioma who can assist you in seeking the maximum financial restitution. Contact a mesothelioma attorney in NYC today to set up a free, no-obligation consultation. Your lawyer can help you determine your eligibility for financial compensation from an asbestos trust fund.

Damages

If you suffer from mesothelioma or another asbestos-related illness A successful lawsuit can compensate your family for your losses. Compensation can cover medical bills, lost wages due to inability to work, home care expenses, mental stress and suffering, loss of quality, funeral and burial costs, and other expenses. A seasoned New York asbestos lawyer will look into the responsible parties to gather evidence and support your claim. Your lawyer will then file a civil lawsuit before the statute of limitations runs out in your state.

The courts are well-versed in asbestos lawsuits, and they have dockets specifically designed to streamline the process. They expedite trials for terminally-ill plaintiffs and group similar cases. The judges handling these cases have been trained to ensure justice and are aware of the increased dangers associated with asbestos.

According to a study that was conducted recently, New York City is the nation's hub for asbestos litigation. Asbestos victims have claimed billions of dollars in settlements and verdicts. Mesothelioma is a fatal cancer caused by exposure to dangerous asbestos fibers. It is a rare, incurable cancer. However lawsuits brought against companies that exposed workers to asbestos fibers have resulted in compensation for victims.

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

However the NYCAL decision offers defendants an opportunity to win their battle to avoid punitive damages awards. They were in danger of massive judgments in the past, with the theory that their conduct was so indecent that they should pay punitive damages to discourage others from committing the same offense.

With the ruling in favor of plaintiffs, it is likely that many of the businesses named as defendants will be reprimanded. Even if they were to be dismissed however, they will still need to pay legal fees to defend a case they did not deserve to be in.