New York Asbestos Litigation

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

Recent NYCAL decisions will have a significant impact on the defense of asbestos lawsuits. These decisions could result in a large number of summary judgment motions based on the test results of the defendant's fiber/cc and expert reports that put any exposure that can be deemed respirable below an ambient exposure threshold.

Expert Testimony

New York asbestos attorneys rely heavily on the testimony of experts to prove their clients' claims. Expert witness fees can account for a large percentage of the total costs involved in asbestos litigation. Both sides can spend hundreds hours preparing to question an expert. Experts can charge thousands of dollars per day. This is why it is important for litigants to thoroughly examine and verify potential experts prior to their appointment. If they don't, it could result in a failure of the 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 suffered asbestos-related illnesses, including mesothelioma and lung cancer. People who have been affected by these diseases are entitled to compensation from companies that exposed them to asbestos.

Asbestos lawsuits are an everyday in New York, and judges are well-versed in the issues involved. The courts, for instance expedite trials in cases of patients who are terminally ill and consolidate cases when necessary to cut down on trial costs. The courts also periodically examine their discovery procedures to ensure that they are efficient and up-to date.

In a case that is notable, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements of plaintiffs' experts did not prove causation. The defendants appealed the case, and a decision is expected in the near future.

The court's decision is likely to have a profound impact on asbestos litigation in New York. Currently, specialized mesothelioma law firms saturate the daytime with commercials urging victims to bring asbestos lawsuits, promising massive settlements. The specialized 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 relating to the millions of dollars he made from directing asbestos cases to his firm.

New Yorkers must continue to be aware in their workplaces and in their communities regarding asbestos exposure. Asbestos-related lawsuits are on the rise and New York is one of top jurisdictions in mesothelioma verdicts.

Summary Judgment

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

asbestos attorney exposure can lead to serious diseases, such as mesothelioma as well as lung cancer. These diseases are agressive and have a long latency period which means that patients may start feeling symptoms as recent as 20 or 25 years after their first exposure. There are ways for workers to protect themselves against asbestos exposure and prevent future illness. In recent years the asbestos litigation scene has seen a number of major changes. In 2015, the political establishment in New York was shook to its core by the conviction of Sheldon Silver for federal corruption charges. Silver's corruption convictions stemmed from a secretly working at the law firm of Weitz & Luxenberg, which employed him 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. The longtime manager of the NYCAL docket, Justice Sherry Klein Heitler was replaced in 2021 amid reports that she had given the "red-carpet treatment" to asbestos lawyers cases brought by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the wake of this shake-up. His decisions have made it more difficult for defendants to get summary judgement.

In Juni, the Court of Appeals gave NYCAL a hard dose of reality, rejecting the theory of cumulative exposure that was prevalent in the litigation. Instead, it demanded that plaintiffs establish specific causation with sufficient scientific expression from their experts. This ruling gives New York asbestos attorneys a strong argument against claims that claim to be false or speculative.

In Reid in Reid Abex, the Court of Appeals also gave asbestos defense lawyers support for their efforts to require plaintiffs to establish a specific causal link between their asbestos-related illness and the particular products that they were exposed to. In this ruling plaintiffs must prove that their asbestos-related disease was caused by specific friction materials or linings offered by the defendant, not general exposure to asbestos in the workplace.

Causation

The defendants must demonstrate that asbestos caused the disease. It is generally accepted that a person's exposure to certain asbestos-containing materials can cause mesothelioma, among other diseases, however, the law requires plaintiffs to establish the specific exposure to products produced by particular 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 the decision of Parker, New York courts have struggled to apply the principles outlined in this case. In 2016 the First Department in Matter of NYC Asbestos Litigation, (Juni) ruling that an expert's evidence that plaintiff "regularly" exposed himself to friction products that contained asbestos was not enough to establish specific causality under Nemeth.

Juni has put a huge 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 suit and your options to receive financial compensation if you have been diagnosed with mesothelioma.

New York state was the second most popular jurisdiction for mesothelioma lawsuits in 2019 and handles 6% of national asbestos litigation. It is estimated that up to 13,000 people have been diagnosed with mesothelioma within the state. Most of the victims were workers or contractors exposed to asbestos lawyer in industrial applications.

The signs of mesothelioma typically don't manifest until between 25 to 50 years after the initial exposure. Many asbestos sufferers are fighting to get 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 promptly but it is also essential to partner with a seasoned mesothelioma attorney who can help you pursue the maximum amount of financial compensation that you can. Call a mesothelioma attorney in NYC to schedule a free appointment, no-obligation. Your attorney will be able to discuss your rights to financial restitution from an asbestos trust fund.

Damages

If you suffer from mesothelioma or any other asbestos-related illness, a successful lawsuit could provide your family with compensation for their losses. Compensation could pay for medical bills, income loss from being unable, home care expenses, pain and suffering, mental anxiety, loss of quality of life, as well as funeral and burial costs. An experienced New York asbestos lawyer will investigate the responsible parties to gather evidence and prove your claim. After that, your lawyer will bring a lawsuit in civil court before the statute of limitations runs out.

The courts are familiar with asbestos lawsuits, and they have dockets specifically designed to streamline the process. They speed up 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 increasing risk of asbestos exposure.

According to a study that was 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 cancer that can be fatal that is caused by exposure to hazardous asbestos fibers. It is a rare and incurable illness, but lawsuits brought against companies that exposed workers to the cancer-causing substance have aided in compensating victims for their suffering.

These lawsuits are designed to penalize corporate wrongdoers as as compensating victims of mesothelioma or other asbestos-related diseases. These lawsuits seek punitive damage awards, which are in addition to compensatory damages. The lawsuits are meant to deter the defendant from engaging in similar conduct in the future.

However, the NYCAL decision offers defendants the chance to have a shot of hope in their battle to stay clear of punitive damages. In the past, they been facing the prospect of huge judgments in these cases, according to the popular belief that their conduct was so egregious that they should be forced to pay punitive damages to deter others from following their lead.

With the ruling in favor of plaintiffs, it is likely that many of the businesses named as defendants will be disqualified. Even if they are dismissed, they would still have to pay legal fees to defend a case that they didn't deserve to be involved in.