New York Asbestos Litigation

New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma is a very serious asbestos lawyers-related illness with a long latency is the second most frequent mesothelioma case nationwide in the year 2019.

Recent NYCAL decisions are expected to have a significant impact on the defense of asbestos lawsuits. These decisions could result in a number of summary judgment motions based upon the defendant's fiber/cc tests and expert reports that put any exposure that is deemed to be respirable under an exposure threshold for ambient conditions.

Expert Testimony

New York asbestos attorneys rely heavily on the testimony of experts to prove their clients' claims. Asbestos litigation is expensive and expert witness fees account for a significant percentage of the total cost. Both sides could spend hundreds of hours preparing to question an expert. Experts can charge thousands of dollars per day. This is why it is crucial for litigants to carefully research and vet potential experts prior to their appointment. Failure to do this could result in a failed Daubert challenge or losing cases.

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

Asbestos suits are commonplace in New York and the judges are familiarized with the issues. For instance, the courts speed up trials for ill plaintiffs, and they often combine cases to cut down on costs for trial. Additionally the courts are regularly reviewing their discovery procedures to ensure that they are up-to-date and efficient.

In one notable case, Brown v. Weitz & Luxenberg, the First Department held that conclusory statements of exposure cumulatively made by plaintiffs experts were not sufficient to establish the causality in an asbestos case. The defendants filed an appeal and the decision is expected to be made soon.

The court's ruling is expected to have an impact on asbestos litigation across New York. At present, mesothelioma lawyer firms saturate the daytime with commercials urging victims to make asbestos lawsuits and promise giant settlements. The niche litigation has proven particularly lucrative for plaintiffs' lawyers who have paid millions of dollars in referral fees to former Assembly Speaker Sheldon Silver, who was recently found guilty of federal corruption charges that relate to the millions of dollars he made from directing asbestos cases towards his firm.

In addition to these legal developments, New Yorkers need to continue to be alert to asbestos exposure in their workplaces and communities. Asbestos lawsuits are increasing and New York is one of top jurisdictions in mesothelioma verdicts.

Summary Judgment

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

Asbestos exposure can lead to serious diseases such as mesothelioma and lung cancer. These diseases are extremely serious, and they have a long latency time. This means that the victims may not be suffering from symptoms until 20 or 25 years after their first exposure. Fortunately, there are ways for workers to safeguard themselves from asbestos exposure and prevent future illnesses. In recent years the asbestos litigation scene has undergone several major changes. The most significant development came in 2015 when the political establishment was shaken to its core by the conviction on federal corruption charges of former Assembly Speaker Sheldon Silver. Silver's corruption convictions stemmed from a secretly working for 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 the new Albany landscape. The longtime manager of the NYCAL docket, Justice Sherry Klein Heitler, was replaced in 2021 following reports that she provided the "red-carpet treatment" to asbestos cases filed by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the following shake-up. His rulings have made it more difficult for defendants to obtain the benefit of a summary judgement.

In Juni, the Court of Appeals dealt NYCAL with a savage dose of reality, renouncing the cumulative exposure theory that was popular in the litigation and calling for plaintiffs to establish specific causation by proving it through scientific evidence from their experts. This ruling provides New York asbestos attorneys a powerful weapon to defend against claims that claim to be speculative or fraudulent.

In Reid in Reid Abex the Court of Appeals supported asbestos defense lawyers in their efforts to force plaintiffs to establish a causal connection between asbestos-related diseases and the products to which they were exposed. This decision places plaintiffs with the responsibility to prove that their illness was caused by the specific linings and friction materials that were supplied by the defendant, not general exposure to asbestos in the workplace.

Causation

The most significant challenge facing defendants in asbestos cases is the need to prove that there is a causal link. The general consensus is that exposure to asbestos-containing materials can trigger mesothelioma and other illnesses. However, the law requires plaintiffs prove specific exposure to products made by certain defendants in order to be successful.

This is a challenging standard to meet, especially in NYCAL where only one judge oversees all NYC asbestos litigation. In the 16 years since Parker, New York courts have struggled to apply the principles from the case. In 2016 the First Department in Matter of NYC Asbestos Litigation, (Juni) decided that an expert's evidence that a plaintiff "regularly" exposed himself to products for friction that contained asbestos was not sufficient to prove the requirements of causality specific to Nemeth.

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

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

Symptoms of mesothelioma are not typically apparent until between 25 and 50 years after the first exposure. Many asbestos patients are fighting to receive the compensation they require to cover medical expenses loss of wages, companionship loss, in addition to other damages.

It is essential to file your mesothelioma claim in a timely fashion, but it is also essential to work with mesothelioma lawyers who can assist you in obtaining the maximum financial restitution. Contact a mesothelioma lawyer from NYC today to schedule your free, no-obligation consultation. Your attorney can help determine if you're qualified to receive financial compensation from an asbestos trust.

Damages

If you're suffering from mesothelioma or another asbestos-related disease, a successful lawsuit could compensate your family's losses. Compensation could pay for medical bills, lost income due to being unable to work and home care expenses as well as pain and suffering, mental anxiety, loss of quality of life, and funeral and burial expenses. An experienced New York mesothelioma attorney will investigate the responsible parties and gather evidence to back your claims. Your lawyer will then file a civil lawsuit before the statute of limitations runs out in your state.

The courts have specialized dockets for asbestos lawsuit cases to streamline the process. They accelerate trials for terminally ill plaintiffs and also group similar cases together. In addition the judges who handle these cases are aware of the higher risk of asbestos exposure and are trained to ensure justice is done.

According to a recent study, New York City is a national hub for asbestos litigation. Asbestos victims received billions in settlements and verdicts. Mesothelioma, a deadly cancer, is caused by asbestos fibers. It is a rare and fatal disease, but lawsuits against companies who exposed workers to the cancer-causing substance have helped compensate victims for their suffering.

These lawsuits are designed to penalize 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. The intent of the lawsuits is to discourage the defendant from engaging in similar behavior in the future.

The NYCAL decision gives defendants hope that they can stay clear of punitive damages. In the past, they faced the possibility of huge judgments in these cases according to the prevalent view that their conduct was so egregious that they should be forced to pay punitive damages to deter others from following suit.

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