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

Recent NYCAL decisions will have a profound impact on the defense of asbestos suits. These decisions could result in a number of summary judgment motions based on test results of the defendant's fiber/cc and expert reports that place any exposure that is deemed to be respirable under an exposure threshold for ambient conditions.

Expert Testimony

New York asbestos attorneys; relevant internet page, rely heavily on the testimony of experts to prove their clients' claims. Expert witness fees can make up a an enormous portion of total costs involved in asbestos litigation. Both sides can spend hundreds hours preparing to confront an expert. Experts can charge thousands of dollars per day. Therefore, it is essential that litigants carefully examine and verify potential experts prior to contacting them. Failure to do this could result in a failed Daubert contest and a loss of cases.

New York has a rich industrial history, and many workers have been exposed to asbestos that is toxic. Many of these workers have suffered asbestos-related illnesses, including mesothelioma as well as lung cancer. They can seek compensation from the companies who exposed them to asbestos.

Asbestos suits are 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 reduce the cost of trial. The courts also examine their discovery procedures to ensure that it is effective and current.

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

The court's ruling is expected to have an impact on asbestos litigation in New York. The mesothelioma lawyers are currently bombarding the daytime TV with ads that 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 in relation to the millions he made by the asbestos cases he directed to their firm.

In addition to these legal developments, New Yorkers need to continue to be vigilant about possible asbestos exposure in their workplaces and communities. Asbestos lawsuits are on the rise and New York is one of most prominent jurisdictions for mesothelioma verdicts.

Summary Judgment

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

Asbestos exposure can cause serious diseases like mesothelioma or lung cancer. These diseases are aggressive and have a long time to develop. This means that the victims might not be suffering from symptoms until twenty or 25 years after their first exposure. Fortunately, there are steps that workers can take to protect themselves against asbestos exposure and prevent future disease. In recent years the asbestos litigation scene has seen significant changes. The most significant change occurred in 2015 in which the New York political establishment was shaken to the core following the conviction on federal corruption charges of the former Assembly Speaker Sheldon Silver. Silver's corruption convictions stemmed from his secretly working for the law firm of Weitz & Luxenberg, which he used to earn millions of dollars in referral fees for the firm.

The new Albany landscape is also impacted by the courtroom political machinations of the NYCAL docket. Justice Sherry Klein Heitler was removed as the long-time manager of the NYCAL docket in 2021 amidst reports that she had provided the "red carpet treatment" to asbestos claims filed by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the wake of this shake-up. His rulings have placed a heavy burden on defendants, making it almost impossible for them to obtain summary judgment.

In Juni the year 2003, the Court of Appeals gave NYCAL a hard dose of reality, rejecting the cumulative exposure theory that was prevalent in the litigation. Instead, it demanded that plaintiffs establish specific causality with enough scientific evidence from their experts. This ruling gives New York asbestos attorneys a powerful tool to defend against claims that claim to be false or speculative.

In Reid v Abex, the Court of Appeals also gave asbestos defense lawyers support for their efforts to require plaintiffs to prove the existence of a specific causal connection between their asbestos-related disease and the specific substances they were exposed to. In this ruling plaintiffs are required to 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 most difficult challenge facing defendants in asbestos cases is the need to prove causation. It is generally accepted that exposure to asbestos-containing substances is a cause of mesothelioma, among other diseases, however, the law requires plaintiffs to prove specific exposure to certain products made by particular defendants in order to prevail on their claims.

This is a difficult standard to meet, especially in NYCAL where a single judge manages the entire NYC asbestos litigation. In the 16 years since Parker, New York courts have been unable to apply the principles outlined in the case. In 2016, the First Department in Matter of NYC Asbestos Litigation, (Juni), ruled that an expert's testimony that plaintiff "regularly" exposed himself to friction products containing asbestos was not enough to prove the requirements of causality specific to Nemeth.

Juni has placed a heavy burden on defendants and may oblige them to settle their claims at an amount lower than they are entitled. A mesothelioma attorney in NYC can explain the advantages 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 state for mesothelioma lawsuits in 2019 and is responsible for 6% of national asbestos litigation. It is estimated that up to 13,000 people have been diagnosed with mesothelioma in the state. Most of the victims are contractors or workers who were exposed to asbestos as it was used in industrial processes.

The symptoms of mesothelioma don't typically apparent until between 25 and 50 years after the initial exposure. Many asbestos patients are fighting to get the compensation they require to cover medical expenses loss of wages, companionship loss, among other damages.

While it is crucial to make a mesothelioma claim in a timely manner but it is also essential to work with an experienced mesothelioma attorney who can help you pursue the maximum amount of financial compensation that you can. Contact a mesothelioma lawyer in NYC to set up a free appointment that is no-obligation. Your attorney can help you determine if you're qualified for financial compensation from an asbestos lawsuit trust.

Damages

If you have mesothelioma, or a similar asbestos-related condition, a successful lawsuit could compensate your family's losses. Compensation can cover medical bills, income loss from being unable to work, 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 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 expires.

The courts are familiar with asbestos lawsuits, and they have dockets that are specifically designed to simplify the process. They expedite trials for terminally-ill plaintiffs, and also group similar cases. Judges who handle 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 national hub for asbestos litigation. Asbestos victims have received billions of dollars in settlements and verdicts. Mesothelioma, a deadly cancer is caused by asbestos fibers. It is an uncommon, incurable cancer. However lawsuits brought against companies that exposed workers to asbestos fibers have led to compensation for victims.

These lawsuits are designed to penalize corporate wrongdoers as indemnizing victims of mesothelioma or other asbestos-related illnesses. These lawsuits seek punitive damages awards, which are in addition to compensatory damages. They are designed to discourage the defendant's behavior in the future, and discourage others from engaging in a similar course of action.

However, the NYCAL decision gives defendants the chance to have a shot of hope in their battle to stay clear of punitive damages. They had the possibility of huge judgments in the past with the theory that their conduct had been so bad that they should pay punitive damages to deter other people from following their example.

With the ruling in favor of plaintiffs, it is expected that a lot of the companies named as defendants will be reprimanded. This is because even if they're dismissed, they will have to spend money on legal costs to defend a case that they did not merit to be involved in.