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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 prolonged latency.

Recent NYCAL decisions are expected to have a major impact on the defense of asbestos lawsuits (simply click the following article). These decisions will likely result in a number of summary judgment motions based on defendant's fiber/cc tests and 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 experts to back up their client's claims. Asbestos litigation can be very expensive, and expert witness fees represent a significant proportion of total case costs. Lawyers on both sides could spend a lot of time prepping to interview an expert, and experts can charge thousands of dollars per day. For this reason, it is crucial for litigants to research and vet potential experts in advance. If they don't, it could result in a shaky Daubert Challenge and lost cases.

New York has had a long industrial history. Many workers were exposed to asbestos. Many of these workers have developed asbestos-related diseases, such as mesothelioma or lung cancer. They may claim compensation from the companies who exposed them to asbestos.

Asbestos lawsuits are a regular in New York, and judges are aware of the issues that arise. The courts, for example speed up trials for terminally ill plaintiffs and consolidate cases when necessary to reduce trial costs. The courts also regularly review their discovery process to ensure that it is effective and current.

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

The court's ruling is expected to impact asbestos litigation across New York. There are currently mesothelioma-specific law firms pepper daytime TV with advertisements urging people to file asbestos lawsuits, promising huge settlements. The niche litigation was particularly lucrative for plaintiffs' lawyers who paid millions of referral fees to Sheldon Silver. Silver was recently found guilty of federal corruption charges relating to the millions he made by sending asbestos cases to their firm.

New Yorkers must continue to be vigilant at work, and communities about 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 assist you in obtaining the settlement you deserve.

Asbestos exposure can lead to serious illnesses, such as mesothelioma and lung cancer. These illnesses are extremely serious and have a long latency period which means that the victims could be suffering from symptoms as recently as 20 or 25 years after their initial exposure. Fortunately, there are steps that workers can take to safeguard themselves from asbestos exposure and avoid a recurrence of disease. In recent years the asbestos litigation scene has seen a number of significant changes. The most significant change occurred in 2015, when New York's political establishment was shaken to the core following the conviction on federal corruption charges brought against the former Assembly Speaker Sheldon Silver. Silver's corruption convictions stemmed from his secret moonlighting at the law firm of Weitz & Luxenberg, which was where he earned millions of dollars in referral fees for the firm.

The new Albany landscape is also impacted by the courtroom political machinations of the NYCAL docket. The long-time head of the NYCAL docket, Justice Sherry Klein Heitler was sacked in 2021 amidst reports that she provided the "red-carpet treatment" to asbestos cases brought by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the wake of this shake-up. His decisions have made it more difficult for defendants to obtain summary judgment.

In Juni, the Court of Appeals gave NYCAL an ominous dose of reality, rejecting the theory of cumulative exposure that was a popular argument in the litigation. Instead it required that plaintiffs establish a specific causation with sufficient scientific expression from their experts. This ruling gives New York asbestos defense attorneys the ability to defend against claims of speculative and fraudulent claims.

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 disease and the specific products they were exposed to. In this case plaintiffs must demonstrate that their asbestos-related condition was caused by specific friction materials or linings offered by the defendant, rather than general workplace exposure to asbestos.

Causation

The most difficult challenge facing defendants in asbestos cases is the need to prove causation. It is generally accepted that a person's exposure to asbestos-containing materials can cause mesothelioma and other illnesses, but the law requires plaintiffs to establish specific exposure to products manufactured by particular defendants in order to prevail on their claims.

This is a challenging standard to meet, especially in NYCAL where one judge is in charge of all NYC asbestos litigation. In the 16 years since the decision of Parker, New York courts have had a difficult time applying the principles of that case. In 2016 the First Department in Matter of NYC asbestos lawsuit Litigation, (Juni) ruling that an expert's evidence that a plaintiff "regularly" exposed himself to friction products containing asbestos was not sufficient to satisfy specific causality under Nemeth.

Juni has placed a significant burden on defendants, and could make them to settle their claims for a lower amount than what they are entitled to. An attorney for mesothelioma in NYC can explain the advantages of filing a lawsuit and your options for financial restitution if you are diagnosed with mesothelioma or other asbestos-related illnesses.

New York State was the second most popular mesothelioma-related jurisdiction suits in 2019. It handled 6% of all asbestos litigation in the nation. As many as 13,000 people have been diagnosed with the disease in New York. The majority of the victims were contractors or employees who were exposed to asbestos when it was being used in industrial applications.

The symptoms of mesothelioma usually are not evident until the age of 25 to 50 years after initial exposure. Many asbestos victims are fighting for the compensation they deserve 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 manner, but it is also essential to work with a mesothelioma lawyer who can assist you in seeking the maximum financial restitution. Contact a mesothelioma attorney in NYC today to schedule a free no-obligation consultation. Your lawyer can assist you determine if you are eligible 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 for your losses. Compensation can cover medical bills and lost wages resulting from inability to work, home-care expenses, mental stress and suffering loss of quality, funeral and burial costs, as well as other costs. A seasoned New York asbestos lawyer will look into the responsible parties to gather evidence and support your claim. After that, your lawyer can file a lawsuit in civil court before your state's statute of limitations runs out.

The courts are familiar with asbestos lawsuits and have specialized dockets to help speed up the process. They speed up trials for terminally ill plaintiffs and group similar cases. The judges who are handling these cases have been instructed to ensure justice and are aware of the higher risks associated with asbestos.

According to a recent study, 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, incurable disease, however lawsuits filed against companies that exposed workers to asbestos cancer-causing substance have helped compensate victims for their suffering.

These lawsuits aim to penalize corporate wrongdoers as in compensating mesothelioma victims or other asbestos-related illnesses. The lawsuits seek punitive damages, which are awarded in addition to compensatory damages. The lawsuits are meant to discourage the defendant from engaging in similar behavior in the future.

However, the NYCAL decision gives defendants the chance to have a shot of hope in their struggle to stay clear of punitive damages. Prior to this, they faced the possibility of huge judgments in these cases according to the popular belief that their conduct was so egregious that they should be forced to pay punitive damages to prevent others from following their lead.

Now, with the ruling in favor of plaintiffs, businesses named as defendants in NYCAL cases can expect 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.