New York Asbestos Litigation

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

Recent NYCAL decisions will have a profound effect on the defense of asbestos lawsuits. These decisions could result in extensive summary judgment motion practice focused on the defendant's fiber/cc tests and expert reports placing 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 back up their client's claims. Asbestos litigation can be extremely expensive, and expert witness fees make up a significant portion of the total cost. Both sides can devote hundreds of hours preparing to confront an expert. Experts can charge thousands of dollar per day. Therefore, it is essential that litigants conduct thorough examine and verify potential experts prior to contacting them. In the absence of doing so, it could result in a failure of the Daubert challenge and lost cases.

New York has a rich industrial past, and many workers have been exposed to asbestos, which is toxic. Many of these workers developed asbestos-related diseases, including mesothelioma, lung cancer, and so on. They may claim compensation from the companies who exposed them to asbestos.

Asbestos lawsuits are an everyday occurrence in New York, and judges are aware of the issues involved. The courts, for example, expedite trials in cases of patients who are terminally ill and consolidate cases when necessary to reduce trial costs. The courts also periodically review their discovery procedure to ensure that it is effective and up-to-date.

In one case of note, Brown v. Weitz & Luxenberg in which the First Department held that conclusory statements of exposure cumulatively made from plaintiffs experts were not sufficient to establish the causation in asbestos cases. The case was then appealed by defendants, and a ruling is expected to be issued soon.

The court's decision is likely to impact asbestos litigation throughout New York. The mesothelioma lawyers are currently bombarding daytime television with commercials which encourage asbestos victims to file lawsuits, promising massive settlements. The niche litigation was especially lucrative for plaintiffs' attorneys who paid millions in referral fees to Sheldon Silver. Silver was recently convicted of federal corruption charges relating to the millions he earned by directing asbestos cases to their firm.

New Yorkers should continue to be vigilant at work and communities to avoid asbestos exposure. 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 attorney can assist you in obtaining the compensation that you deserve.

Asbestos exposure is often the cause of serious illnesses, such as mesothelioma as well as lung cancer. These are serious diseases, and they have a long period of latency. This means that patients may not be developing symptoms until 20 or 25 years following their initial exposure. There are steps workers can take to reduce the risk of asbestos exposure and a subsequent illnesses. Several major changes have occurred in the asbestos litigation landscape in recent years. In 2015 the political establishment in New York was shook to its foundation by the conviction of Sheldon S. Silver for federal corruption charges. Silver's convictions for corruption were a result of his covert work at the law firm Weitz & Luxenberg. He made millions in referral fees.

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 sacked in 2021 amidst reports that she provided the "red-carpet treatment" to asbestos cases brought by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the following shake-up. His decisions have made it more difficult for defendants to obtain the benefit of a summary judgement.

In Juni the year 2003, the Court of Appeals dealt NYCAL with a savage dose of truth, rejecting the cumulative-exposure theory that had become fashionable in the litigation, and calling for plaintiffs to establish specific causation through sufficient scientific expression by their experts. This ruling provides 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 defense attorneys 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. This decision imposes plaintiffs with the obligation to prove that their illness was caused by the specific friction materials and linings which were supplied by the defendant, and not general exposure to asbestos in the workplace.

Causation

The defendants will have to demonstrate that asbestos caused the disease. It is generally accepted that exposure to certain asbestos-containing materials is a cause of mesothelioma and other illnesses, but the law requires plaintiffs to establish specific exposure to certain products made by particular defendants in order to prevail on their claims.

This is a challenging standard to achieve, particularly in NYCAL, where a single judge is responsible for the entire NYC asbestos litigation. In the 16 years since Parker, New York courts struggle to apply the principles from the case. In 2016, the First Department in Matter of NYC Asbestos Litigation, (Juni) ruling that an expert's testimony that plaintiff "regularly" exposed himself to friction products that contained asbestos was not sufficient to prove the requirements of causality specific to Nemeth.

Juni has imposed a substantial burden on defendants in NYCAL and could make them settle their claims for less than what they are entitled to. A mesothelioma lawyer in NYC can explain the benefits of filing a lawsuit and the options for restitution financial if you are diagnosed with mesothelioma or other asbestos-related illnesses.

New York State was the second-most popular jurisdiction for mesothelioma suits in 2019. It handled 6% of all asbestos litigation in the nation. As many as 13,000 people are estimated to have been diagnosed with the disease in New York. Most of the victims were contractors or workers exposed to asbestos in industrial settings.

The signs of mesothelioma aren't typically apparent until between 25 and 50 years after the initial exposure. Many asbestos lawyers patients are battling to obtain the compensation they need to cover medical costs and lost wages, as well as loss of companionship and other damages.

While it is important to file a mesothelioma lawsuit in a timely manner however, it is equally important to consult with a knowledgeable mesothelioma lawyer who can help you pursue the maximum financial restitution possible. Call a mesothelioma attorney in NYC to schedule a free, no-obligation appointment. Your lawyer can help you determine your rights to financial compensation from an asbestos trust fund.

Damages

If you suffer from mesothelioma or another asbestos-related disease, a successful lawsuit could pay your family members for their losses. Compensation can cover medical expenses, lost income from being unable and home care expenses as well as pain and suffering mental anxiety and loss of quality of life and funeral and burial expenses. A seasoned New York asbestos lawyer will examine the parties responsible to collect evidence and support your claim. Your lawyer can then bring a civil suit before the statute of limitations runs out in your state.

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

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

These lawsuits are designed to punish corporate wrongdoers as indemnizing 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 engaging in the same course of action.

The NYCAL decision gives defendants the chance to avoid punitive damages. They had the possibility of large judgments in the past, on the basis that their conduct was so indecent that they had to pay punitive damage awards to deter other people from following suit.

With the decision in favor of plaintiffs, it is expected that many of the companies named as defendants will be disqualified. This is because even if they're dismissed, they'll be required to pay legal fees to defend a case they didn't deserve to be involved in.