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 are likely to have a major impact on the defense of asbestos lawsuits. These decisions could result in extensive summary judgment motions focusing on the defendant's fiber/cc test as well as expert reports that place any respirable exposure under an exposure threshold for ambient conditions.

Expert Testimony

New York asbestos attorneys rely heavily on the testimony of experts to back up their client's claims. Expert witness fees can account for an enormous portion of total costs involved in asbestos litigation. Lawyers on both sides could spend hundreds of hours in preparation to confront an expert, and experts can charge thousands of dollars per day. This is why it is crucial for litigants to research and vet potential experts prior to hiring them. If they don't, it could result in a failure of the Daubert Challenge and losing cases.

New York has had a long industrial history. Many workers were exposed to asbestos. Many of these workers developed asbestos-related diseases, such as mesothelioma, lung cancer, and so on. These workers can claim compensation from the companies who exposed them to asbestos.

Asbestos suits are quite common in New York and the judges are well-versed in the subject. For instance, the courts speed up trials for ill plaintiffs, and they often consolidate cases to lower trial expenses. The courts also periodically review their discovery process to ensure that it is effective and current.

In a case that is notable, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements of plaintiffs' experts did not suffice to prove the causality. The case was re-argued by the defendants, and a decision is expected soon.

The court's decision is likely to have a major impact on asbestos litigation in New York. The mesothelioma lawyers are bombarding the daytime TV with ads that urge victims to file asbestos lawsuits, promising huge settlements. The niche litigation has proven particularly lucrative for plaintiffs' attorneys who have paid 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 from directing asbestos cases to his firm.

In addition to these legal developments, New Yorkers should remain aware of the possibility of asbestos exposure in their workplaces and communities. Asbestos-related lawsuits are on the rise and the state is one of the top jurisdictions for mesothelioma verdicts.

Summary Judgment

A New York asbestos lawyer can help you obtain the compensation you deserve.

Asbestos exposure can lead to serious diseases, including mesothelioma as well as lung cancer. These diseases are aggressive, and they have a long latency time. This means that victims may not be suffering from symptoms until twenty or 25 years after their first exposure. There are ways for workers to safeguard themselves from asbestos exposure and prevent future illnesses. In recent years, the asbestos litigation landscape has seen a number of significant 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 convictions for corruption stemmed from his shady work at the law firm Weitz & Luxenberg. He used this to earn millions in referral fees.

The new Albany landscape has also been shattered by the courtroom political machinations of the NYCAL docket. Justice Sherry Klein Heitler was replaced as the longtime manager of NYCAL docket in 2021 amid reports that she had provided the "red carpet treatment" to asbestos attorneys-related claims filed 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 the benefit of a summary judgement.

In Juni, the Court of Appeals gave NYCAL a hefty dose of reality by rejecting the theory of cumulative exposure that was popular in the litigation. Instead, it demanded plaintiffs prove causation using sufficient scientific proof from their experts. This ruling gives New York asbestos attorneys a powerful weapon to defend against claims that claim they are false or speculative.

In Reid v Abex the Court of Appeals supported asbestos defense lawyers in their efforts to compel plaintiffs to establish a causal connection between asbestos-related diseases and the products to which they were exposed. In this case plaintiffs must prove that their asbestos-related disease was caused by specific friction materials or linings provided by the defendant rather than general workplace exposure to asbestos.

Causation

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

This is a tough 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 had a difficult time applying the principles of that 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 products for friction that contained asbestos attorneys was not sufficient to prove the requirements of causality specific to Nemeth.

Juni has placed a huge burden on defendants and could force them pay less than they are entitled. A mesothelioma lawyer from NYC can explain the advantages of filing a suit and the options for financial compensation if you have been diagnosed with mesothelioma.

New York State was the second most popular mesothelioma-related jurisdiction suits in the year 2019. It handled about 6% of the asbestos litigation in the nation. It is estimated that around 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 symptoms of mesothelioma usually don't manifest until between 25 to 50 after the initial exposure. Many asbestos lawyers sufferers are fighting for the compensation they need to cover medical expenses, lost wages, loss of companionship and other damages.

While it is essential to make a mesothelioma claim in a timely manner however, it is equally important to consult with a knowledgeable mesothelioma attorney who can help you obtain the maximum financial restitution possible. Contact a mesothelioma attorney in NYC today to schedule your free no-obligation consultation. Your lawyer can help you determine your eligibility for financial compensation from an asbestos trust fund.

Damages

If you're suffering from mesothelioma, or another asbestos-related disease, a successful lawsuit may compensate your family for your losses. Compensation could pay for medical bills, lost income from being unable and home care expenses, pain and suffering, mental anguish, loss of quality of life as well as funeral and burial costs. A seasoned New York asbestos lawyer will look into the responsible parties to gather evidence and support your claim. Your lawyer will then bring a civil suit before the statute of limitations expires in your state.

The courts have dockets that are specially designed for asbestos cases that streamline the process. They accelerate trials for plaintiffs with terminal illnesses and group similar cases together. The judges who are handling these cases are trained to ensure justice and are aware of the higher risks associated with asbestos.

According to a research 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 form of cancer is caused by 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.

In addition to compensating victims of mesothelioma as well as other asbestos-related diseases the lawsuits aim at securing the retribution of corporate wrongdoers. The lawsuits seek punitive damages, which are granted in addition to compensatory damages. They are designed to deter the defendant's actions in the future and deter others from participating in a similar action.

The NYCAL decision gives defendants the chance to stay clear of punitive damages. 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 should be forced to pay punitive damages to prevent others from committing the same crime.

With the ruling in favor plaintiffs, it is expected 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 didn't deserve to be involved in.