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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 frequent mesothelioma case nationwide in 2019.

Recent NYCAL decisions will have a significant impact on the defense of asbestos lawsuits. These decisions will likely result in extensive summary judgement motion practice focusing on the defendant's fiber/cc test 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 experts to support their client's claims. Asbestos litigation is expensive and expert witness costs account for a significant percentage of the total costs. Lawyers for both sides could spend hundreds of hours prepping to interview an expert, and experts can charge thousands of dollars per day. Therefore, it is crucial for litigants to thoroughly study and evaluate potential experts prior to hiring them. Failure to do so can result in a failed Daubert challenge or losing cases.

New York has a rich industrial past, and a lot of workers have been exposed to toxic asbestos. Many of these workers have suffered asbestos-related illnesses, including mesothelioma as well as lung cancer. They may 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, courts speed up trials for patients, and often consolidate cases to lower trial expenses. Additionally the courts are regularly reviewing their discovery procedures to ensure that they are current and efficient.

In one notable case, Brown v. Weitz & Luxenberg in which the First Department held that conclusory cumulative exposure statements by the plaintiffs' experts were insufficient to establish the causality in an asbestos case. The defendants appealed the case and a decision is expected soon.

The court's decision is expected to have a significant impact on asbestos litigation in New York. At present, mesothelioma lawyer firms saturate the daytime with advertisements urging people to make asbestos lawsuits and promise giant settlements. The niche litigation was especially 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 should continue to be aware of the possibility of asbestos exposure in their workplaces and communities. Asbestos lawsuits are on increasing, and New York is among the top jurisdictions for mesothelioma verdicts.

Summary Judgment

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

Asbestos exposure often leads to serious diseases, including mesothelioma and cancer of the lung. These illnesses are extremely serious and have a long latency period which means that the victims could start experiencing symptoms as recently as 20 or 25 years after their first exposure. There are steps that workers can take to protect themselves against asbestos exposure and prevent future illnesses. In recent years, the asbestos litigation landscape has seen a number of significant changes. The most significant change occurred in 2015 when the political establishment was shaken to its core following the conviction on federal corruption charges of the former Assembly Speaker Sheldon Silver. Silver's convictions for corruption were a result of his covert employment at the law firm Weitz & Luxenberg. He made millions in referral fees.

The new Albany landscape has also been shattered by the courtroom politics of the NYCAL docket. Justice Sherry Klein Heitler was removed as the long-time manager of NYCAL docket in 2021 following reports that she'd given the "red carpet treatment" to asbestos claims filed by Weitz & Luxenberg. In the wake of this reshuffle, Justice Peter Moulton has taken the charge of NYCAL. His rulings have placed a significant burden on defendants, making it virtually impossible for them to obtain summary judgment.

In Juni, 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 required that plaintiffs establish a specific causality with enough scientific evidence from their experts. This ruling provides New York asbestos attorneys a strong argument against claims that claim they are fraud or speculative.

In Reid in Reid Abex the Court of Appeals supported asbestos defense attorneys in their efforts to require plaintiffs to establish a causal connection between asbestos-related illnesses and the products to which they were exposed. This decision imposes plaintiffs with the obligation to establish that their disease was caused by the 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 caused the disease. There is a consensus that exposure to asbestos-containing materials can trigger mesothelioma and other illnesses. However, the law requires plaintiffs demonstrate specific exposure to the products made by certain defendants to be successful.

This is a difficult standard to meet, particularly in NYCAL, where a single judge is responsible for the entire NYC asbestos litigation. In the 16 years since Parker, New York courts struggle to apply the principles from the case. In 2016, for instance, the First Department in Matter of NYC Asbestos Litigation (Juni) decided that a plaintiff's expert declaration that he "regularly exposed" himself to friction products containing asbestos was not sufficient under Nemeth to satisfy specific causation.

Juni has placed a huge burden on defendants and may oblige them to settle their claims at less than they are entitled. A mesothelioma attorney in NYC can explain the advantages of filing a lawsuit as well as your options for financial restitution 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 about 6% of the national asbestos litigation. It is estimated that around 13,000 people have been diagnosed with mesothelioma in the state. Most of the victims were contractors or employees exposed to asbestos in industrial applications.

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

While it is important to make a mesothelioma claim promptly but it is also essential to work with an experienced mesothelioma attorney who can assist you in obtaining the highest amount of financial restitution that is possible. Contact a mesothelioma lawyer in NYC today to schedule your free no-obligation consultation. Your lawyer can help you determine if you're qualified for financial compensation from an asbestos trust.

Damages

If you suffer from mesothelioma or another asbestos-related illness A successful lawsuit can pay your family members for their losses. Compensation could pay for medical bills, lost income from being unable, home care expenses as well as pain and suffering, mental anxiety, loss of quality of life, and funeral and burial costs. An experienced New York asbestos lawyers lawyer will examine the parties responsible to collect evidence and support your claim. After that, your lawyer will start a civil lawsuit in court before your state's time limit expires.

The courts have dockets that are specially designed for asbestos cases in order to speed up the process. They speed up trials for plaintiffs with terminal illnesses and group similar cases together. In addition, the judges handling these cases are aware of the increased risks associated with asbestos exposure and are trained to ensure justice is served.

According to a study that was conducted recently, New York City is the national hub for asbestos litigation. Asbestos victims received billions in settlements and verdicts. Mesothelioma is a fatal cancer caused by exposure to dangerous asbestos fibers. It is an uncommon, incurable cancer. However, lawsuits filed against companies who exposed workers to asbestos attorney fibers have resulted in compensation for victims.

These lawsuits seek to penalize corporate wrongdoers as as compensating victims of mesothelioma or other asbestos-related diseases. These lawsuits seek punitive damages awards 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 course of action.

The NYCAL decision gives defendants the chance to stay clear of punitive damages. In the past, they been facing the prospect of huge judgments in these cases according to the prevalent view that their conduct was so egregious that they had to pay punitive damages in order to discourage others from following their lead.

With the ruling in favor of plaintiffs, it is likely that many of the companies named as defendants will be disqualified. Even if they are dismissed but they'd still have to pay legal fees to defend a case that they didn't deserve to be in.