New York Asbestos Litigation

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

Recent NYCAL decisions are expected to have a profound impact on the defense of asbestos lawsuits. These decisions will likely result in extensive summary judgment motion practice focusing on the defendant's fiber/cc test and expert reports placing any exposure that is deemed to be respirable below the threshold of exposure to ambient air.

Expert Testimony

New York asbestos attorneys rely heavily on the testimony of experts to support their client's claims. Asbestos litigation can be very expensive and expert witness costs make up a significant portion of total case costs. Lawyers for both sides can spend hours in preparation to question an expert, and experts can charge thousands of dollars per day. It is therefore important that litigants carefully study and evaluate potential experts prior to contacting them. Failure to do so can result in a failed Daubert contest and a loss of cases.

New York has a rich industrial past, and many workers have been exposed to asbestos that is toxic. Many of these workers developed asbestos-related illnesses, like mesothelioma or lung cancer. These workers can seek compensation from the businesses who exposed them to asbestos.

Asbestos lawsuits are a common occurrence in New York, and judges are familiar with the issues that arise. For example, the courts speed up trials for terminally sick plaintiffs, and they often combine cases to cut down on costs for trial. The courts also regularly review their discovery procedure to ensure that they are efficient and current.

In one case of note, Brown v. Weitz & Luxenberg in which the First Department held that conclusory cumulative exposure statements from plaintiffs' experts were insufficient to establish causation in an asbestos case. The case was then appealed by defendants, and a ruling is expected in the near future.

The court's decision is likely to have a profound impact on asbestos litigation in New York. The mesothelioma lawyers are bombarding television during the day with ads that urge victims to file asbestos suits, promising huge settlements. The niche litigation was especially lucrative for plaintiffs’ attorneys who repaid millions of referral fees to Sheldon Silver. Silver was recently found guilty of federal corruption charges related to the millions he earned by the asbestos cases he directed to their firm.

In addition to these legal developments, New Yorkers need to continue to be aware of the possibility of asbestos exposure in their workplaces and communities. Asbestos lawsuits are on increasing and the state is one of the most sought-after jurisdictions for mesothelioma verdicts.

Summary Judgment

A New York asbestos lawyer can assist you in obtaining the settlement you're due.

Asbestos exposure can lead to serious diseases, such as mesothelioma as well as lung cancer. These illnesses are extremely serious and have a long time of latency which means that the victims could only have begun feeling symptoms as recent as 20 or 25 years after their initial exposure. Fortunately, there are steps that workers can take to protect themselves against asbestos exposure and prevent future illness. In recent years, the asbestos litigation landscape has undergone several major changes. The most significant change occurred in 2015, when New York's political establishment was shaken to the core by the conviction on federal corruption charges against former Assembly Speaker Sheldon Silver. Silver's convictions for corruption stemmed from his shady employment at the law firm Weitz & Luxenberg. He used this to earn millions in referral fees.

The courtroom politics on the NYCAL docket have also shaken the new Albany landscape. Justice Sherry Klein Heitler was removed as the long-time director of 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 put a huge burden on defendants, making it almost impossible for them to get summary judgment.

In Juni, the Court of Appeals gave NYCAL an ominous dose of reality by rejecting the cumulative exposure theory that was prevalent in the litigation. Instead it required that plaintiffs establish specific causality with enough scientific evidence from their experts. This ruling gives New York asbestos attorneys a powerful weapon to defend against claims that claim they are 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 that there is a causal link between their asbestos-related disease and the particular products that they were exposed to. This decision imposes plaintiffs with the responsibility to prove that their illness was caused by specific friction materials and linings that were provided by the defendant, rather than general exposure to asbestos in the workplace.

Causation

The defendants will have to prove that asbestos contributed to the disease. It is generally accepted that a person's 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 tough standard to achieve, particularly in NYCAL, where a single judge oversees the entire NYC asbestos litigation. In the 16 years that have passed since Parker, New York courts struggle to apply the rules from that case. In 2016, for example the First Department in Matter of NYC asbestos lawsuit Litigation (Juni) found that a plaintiff's declaration that he "regularly exposed" himself to friction products containing asbestos was not sufficient under Nemeth to establish a specific causality.

Juni has put a huge burden on defendants in NYCAL and could oblige them to settle their claims for less than what they are entitled to. A mesothelioma attorney in NYC can explain the advantages of filing a lawsuit and your options to receive financial compensation if you have been diagnosed with mesothelioma.

New York State was the second most popular state for mesothelioma suits in 2019. It was the sole handler of about 6% of the asbestos litigation across the country. Up to 13,000 people are estimated to have been diagnosed with the disease in New York. The majority of patients were workers or contractors exposed to asbestos in industrial applications.

Symptoms of mesothelioma are not typically evident until between 25 and 50 years after the initial exposure. Many asbestos lawyer patients are battling to obtain the compensation they require to cover medical expenses, lost wages, loss of companionship and other losses.

While it is crucial to make a mesothelioma claim promptly, it is also crucial to consult with a knowledgeable mesothelioma attorney who can assist you in obtaining the highest amount of financial restitution that is possible. Contact a mesothelioma attorney in NYC today to schedule a free no-obligation consultation. Your lawyer can assist determine if you're eligible for financial compensation from an asbestos trust.

Damages

If you suffer from mesothelioma or another asbestos-related disease, a successful lawsuit may compensate your family for your losses. Compensation may cover medical bills, lost wages due to inability to work, home-care expenses, mental stress and pain loss of quality, funeral and burial costs, as well as other expenses. A seasoned New York mesothelioma attorney will investigate the responsible parties and collect evidence to support your claims. Your lawyer can then bring a civil suit before the statute of limitations runs out in your state.

The courts have specialized dockets for asbestos cases to streamline the process. They speed up trials for plaintiffs who are terminally ill and group similar cases together. Additionally the judges who handle these cases are aware of the increased risk of asbestos exposure and are trained to ensure that justice is done.

According to a study conducted recently, New York City is the main hub in the country for asbestos litigation. Asbestos-related victims have claimed billions of dollars in settlements and verdicts. Mesothelioma is a deadly cancer that is caused by exposure to hazardous asbestos fibers. It is an uncommon, incurable cancer. However lawsuits brought against companies that exposed workers to asbestos fibers have resulted in compensation for victims.

In addition to remunerating the victims of mesothelioma and the other asbestos attorneys-related diseases the lawsuits aim at securing the retribution of corporate wrongdoers. The lawsuits seek punitive damages, which are given in addition to compensatory damages. The lawsuits are designed to discourage the defendant from engaging in similar behavior in the future.

However the NYCAL decision provides defendants with the chance to have a shot of hope in their struggle to stay out of punitive damages. Previously, they had been facing the prospect of huge judgments in these cases, with the prevailing theory that their conduct was so indefensible that they had to pay punitive damages to prevent others from following their lead.

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