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New York Asbestos Litigation

New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma is a serious asbestos-related illness with long latency periods.

Recent NYCAL decisions will have a profound effect on the defense of asbestos suits. These decisions are likely to result in extensive summary judgement motion practice focused on the defendant's fiber/cc tests and expert reports that place 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 expert witnesses to back up their client's claims. Asbestos litigation can be extremely expensive, and expert witness fees make up a significant portion of the total cost. Lawyers on both sides could spend hours prepping to interview an expert, and experts can charge thousands of dollars per day. For this reason, it is important for litigants to research and vet potential experts prior to hiring them. Failure to do so can 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, which is toxic. Many of these workers have suffered asbestos-related illnesses, including mesothelioma as well as lung cancer. Anyone who has suffered from these ailments can seek compensation from the companies that exposed them to asbestos.

Asbestos suits are quite common in New York and the judges are knowledgeable about the issue. For instance, courts speed up trials for terminally ill plaintiffs, and they often consolidate cases to reduce trial expenses. The courts also periodically review their discovery process to ensure that they are efficient and up-to date.

In a notable case, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements of plaintiffs' experts were not sufficient to establish causality. The defendants appealed the case, and a decision is expected soon.

The court's decision is likely to have an impact on asbestos litigation in New York. The mesothelioma lawyers are currently bombarding daytime television with commercials which urge victims to file asbestos lawsuits, promising huge settlements. The niche litigation was particularly lucrative for plaintiffs’ attorneys who paid millions of referral fees to Sheldon Silver. Silver was recently convicted of federal corruption charges related to the millions he made by the asbestos cases he directed to their firm.

In addition to these legal developments, New Yorkers need to remain aware of the possibility of asbestos exposure in their work environments and communities. Asbestos lawsuits are on the increase, and New York is among the top jurisdictions for mesothelioma cases.

Summary Judgment

A New York asbestos lawyer can assist you in obtaining the compensation you're entitled to.

Asbestos exposure can cause serious diseases like mesothelioma or lung cancer. These are serious diseases and have a long period of latency. This means that the victims may not be experiencing symptoms until twenty or 25 years after their first exposure. There are steps that workers can take to avoid asbestos exposure and a subsequent illness. In recent years the asbestos litigation landscape has seen major changes. In 2015 the political establishment of New York was shook to its core by Sheldon Silver's conviction on federal corruption charges. Silver's convictions for corruption were a result of his covert work at the law firm Weitz & Luxenberg. He made millions of referral fees.

The courtroom politics on the NYCAL docket have also impacted the new Albany landscape. Justice Sherry Klein Heitler was removed as the long-time director of NYCAL docket in 2021 amid reports that she'd given the "red carpet treatment" to asbestos-related claims filed by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the following shake-up. His decisions have made it more difficult for defendants to obtain the benefit of a summary judgement.

In Juni the year 2003, the Court of Appeals gave NYCAL a hard dose of reality by denying the cumulative exposure theory that was a popular argument in the litigation. Instead, it demanded that plaintiffs establish specific causation using sufficient scientific proof from their experts. This decision gives New York asbestos attorneys a powerful tool to defend against claims that claim to be speculative or fraudulent.

In Reid In Reid Abex the Court of Appeals supported asbestos defense attorneys in their efforts to force plaintiffs to establish a causal connection between asbestos-related diseases and products to which they were exposed. In this ruling plaintiffs are required to demonstrate that their asbestos-related condition was caused by specific friction materials or linings provided by the defendant, not general workplace exposure to asbestos.

Causation

The most difficult 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 substances can trigger mesothelioma and other illnesses. However the law requires plaintiffs to demonstrate specific exposure to the products made by certain defendants in order for their claims to be successful.

This is a tough standard to meet, especially in NYCAL, where a single judge is responsible for the entire NYC asbestos litigation. In the 16 years since Parker, New York courts have struggled to apply the principles from that case. In 2016, for example, the First Department in Matter of NYC asbestos lawyer Litigation (Juni) found that a plaintiff's testimony that he "regularly exposed" himself to asbestos-containing friction products was not sufficient under Nemeth to satisfy specific causality.

Juni has placed a heavy burden on defendants, and could make them to settle their claims for a lower amount than they are entitled. A mesothelioma lawyer in NYC can explain to you the benefits 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 suits in 2019. It was the sole handler of about 6% of the asbestos litigation in the nation. It is estimated that around 13,000 people have been diagnosed with mesothelioma in the state. The majority of those affected were contractors or employees who were exposed to asbestos as it was employed in industrial applications.

The signs of mesothelioma aren't typically apparent until 25 to 50 years after the initial exposure. Many asbestos victims are now battling to obtain the compensation they require to cover medical costs, lost wages, loss of companionship, and other damages.

While it is essential to start a mesothelioma lawsuit promptly but it is also essential to work with an experienced mesothelioma lawyer who will help you obtain the maximum amount of financial restitution that is possible. Contact a mesothelioma attorney in NYC today to schedule your free no-obligation consultation. Your lawyer can help you determine if you're eligible for financial compensation from an asbestos trust.

Damages

If you suffer from mesothelioma or a similar asbestos-related condition, a successful lawsuit could compensate your family's losses. Compensation can cover medical expenses, lost income from being unable to work or take care of your home as well as pain and suffering mental anguish and loss of quality of life and funeral and burial expenses. An experienced New York mesothelioma attorney will look into the parties at fault and gather evidence to support your claims. Your lawyer can then file a civil lawsuit before the statute of limitations runs out in your state.

The courts have specialized dockets for asbestos cases in order to speed up the process. They speed up trials for plaintiffs with terminal illnesses and also group similar cases together. Additionally the judges who decide these cases are aware of the increased risk of asbestos exposure and are trained to ensure justice is served.

According to a study conducted recently, New York City is a national hub for asbestos litigation. Asbestos victims have received billions of dollars in settlements and verdicts. Mesothelioma is a fatal cancer caused by exposure to harmful asbestos fibers. It is a rare and incurable illness, but lawsuits brought against companies that exposed workers to asbestos cancer-causing substance have helped compensate victims for their suffering.

In addition to compensating the victims of mesothelioma and other asbestos-related diseases, these lawsuits are aimed at securing the retribution of corporate wrongdoers. The lawsuits seek punitive damages, which are awarded in addition to compensatory damages. They are intended to deter the defendant's conduct in the future and discourage others from participating in a similar action.

However the NYCAL decision offers defendants a glimmer of hope in their fight to avoid punitive damages awards. In the past, they faced the prospect of massive 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 prevent others from following suit.

With the ruling in favor plaintiffs, it is likely that a lot of the companies that were named as defendants will be disqualified. Even if they were dismissed however, they will still need to pay legal fees to defend a case they didn't have a right to be involved in.