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New York Asbestos Litigation

New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma is an asbestos-related disease that is serious and has long latency periods.

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

Expert Testimony

New York asbestos attorneys rely heavily on the testimony of expert witnesses to back up their client's claims. Expert witness fees can be a a large percentage of the total costs involved in asbestos litigation. Both sides could spend hundreds of hours in preparation to question an expert. Experts can charge thousands of dollars per day. This is why it is important for litigants to thoroughly study and evaluate potential experts prior to their appointment. Failure to do this could result in a failure of the Daubert challenge and lost cases.

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

Asbestos lawsuits are a common in New York, and judges are well-versed in the issues that arise. For instance, the courts speed up trials for terminally ill plaintiffs, and they often consolidate cases to reduce the cost of trial. Additionally the courts are regularly reviewing their discovery procedures to make sure 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 insufficient to establish causation in an asbestos case. The defendants appealed the case, and a decision is expected in the near future.

The court's decision is likely to have a significant impact on asbestos litigation in New York. The mesothelioma lawyers are currently bombarding television during the day with ads which urge victims to file asbestos 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 found guilty of federal corruption charges related to the millions he made by the asbestos cases he directed to their firm.

New Yorkers should be vigilant at work and communities to avoid asbestos exposure. Asbestos lawsuits are on the increase, and New York is among the top jurisdictions for mesothelioma verdicts.

Summary Judgment

A New York asbestos lawyer can help you obtain the compensation you're due.

Asbestos exposure can lead to serious diseases like mesothelioma or lung cancer. These diseases are extremely serious, and they have a long latency time. This means that 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 avoid a recurrence of illnesses. A number of major changes have taken place in the asbestos litigation scene in recent years. In 2015 the political establishment in New York was shook to its core by Sheldon Silver's conviction on federal corruption charges. Silver's corruption convictions stemmed from a secret moonlighting at the law firm of Weitz & Luxenberg, which he used to earn millions of dollars in referral fees for the firm.

The courtroom politics on the NYCAL docket have also impacted the new Albany landscape. Justice Sherry Klein Heitler was replaced as the longtime manager of NYCAL docket in 2021 amid reports that she'd given the "red carpet treatment" to asbestos attorneys claims 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 get the benefit of a summary judgement.

In Juni, the Court of Appeals gave NYCAL a hard dose of reality, rejecting the cumulative exposure theory that was a popular argument 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 allegations that claims are speculative or fraudulent.

In Reid v Abex, the Court of Appeals also gave asbestos defense attorneys a boost in their efforts to require plaintiffs to prove that there is a causal link between their asbestos-related illness and the particular products that they were exposed to. In this decision, 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 defendants will need to prove that asbestos caused the disease. It is generally accepted that exposure to certain asbestos-containing materials causes mesothelioma, among other diseases, however, the law requires plaintiffs to establish specific exposure to products manufactured by particular defendants in order to be successful in their claims.

This is a difficult standard to achieve, particularly in NYCAL where a single judge oversees the entire NYC asbestos attorney 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 evidence that he "regularly exposed" himself to asbestos-containing friction products was not sufficient under Nemeth to satisfy a specific causality.

Juni has placed a huge burden on defendants, and could force them pay a lower amount than what they are entitled to. A mesothelioma attorney in NYC can explain to you the benefits of filing suit and your options for financial compensation if have been diagnosed with mesothelioma.

New York State was the second most popular state for mesothelioma suits in the year 2019. It handled 6% of all national asbestos litigation. It is estimated that up to 13,000 people have been diagnosed with mesothelioma within the state. The majority of patients were workers or contractors exposed to asbestos in industrial applications.

The symptoms of mesothelioma usually do not appear until 25 to 50 after the initial exposure. Many asbestos victims are fighting to get the compensation they deserve for medical expenses loss of wages, companionship loss, in addition to other damages.

While it is crucial to start a mesothelioma lawsuit promptly but it is also essential to work with an experienced mesothelioma lawyer who will help you pursue the maximum financial restitution possible. Contact a mesothelioma attorney from NYC to schedule a free, no-obligation appointment. Your attorney will be able to discuss your eligibility for financial restitution from an asbestos trust fund.

Damages

If you're suffering from mesothelioma or another asbestos-related illness, a successful lawsuit may provide your family with compensation for their losses. Compensation could pay for medical bills, income loss due to being unable to work and home care expenses, pain and suffering, mental anguish and loss of quality of life as well as funeral and burial costs. An experienced New York asbestos lawyer will examine the parties responsible to gather evidence and support your claim. After that, your lawyer can file a lawsuit in civil court before the statute of limitations runs out.

The courts are well-versed in asbestos lawsuits and have dockets specifically designed to speed up the process. They accelerate trials for terminally ill plaintiffs and also group similar cases together. The judges handling these cases have been trained to ensure justice and are aware of the increasing dangers associated with asbestos.

According to a study conducted recently, New York City is the nation's hub for asbestos litigation. Asbestos victims have claimed billions of dollars in settlements and verdicts. Mesothelioma, a deadly cancer is caused by asbestos fibers. It is a rare, incurable type of cancer. However lawsuits filed against companies that exposed workers to asbestos fibers have helped compensate victims.

In addition to compensating victims of mesothelioma and other asbestos lawyers-related diseases the lawsuits aim at securing the retribution of corporate wrongdoers. These lawsuits seek punitive damages awards, which are in addition to compensatory damages. They are designed to deter the defendant's actions in the future and deter others from engaging in a similar action.

However, the NYCAL decision offers defendants an opportunity to win their struggle to stay clear of punitive damages. They faced the prospect of large judgments in the past, on the basis that their conduct had been so egregious, that they would have to pay punitive damage awards to discourage others from committing the same offense.

Now, with the ruling in favor of plaintiffs, companies named as defendants in NYCAL cases are likely to be dismissed in a substantial portion of their cases. Even if they were to be dismissed but they'd still have to pay legal fees to defend a case they didn't deserve to be in.