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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 cancer with a long latency is the second most prevalent mesothelioma patient in the country in 2019.

Recent NYCAL decisions will have a profound impact on the defense of asbestos suits. These decisions will likely result in extensive summary judgment motions focusing on the defendant's fiber/cc test as well as expert reports placing any exposure that is deemed to be respirable below an ambient exposure threshold.

Expert Testimony

New York asbestos attorneys rely heavily on the testimony of expert witnesses to prove their clients' claims. Asbestos litigation can be very expensive and expert witness costs represent a significant proportion of total case costs. Lawyers on both sides could spend hours in preparation to question an expert, and experts can charge thousands of dollars per day. For this reason, it is important for litigants to study and evaluate potential experts prior to hiring them. Failure to do so can result in a sham Daubert contest and a loss of cases.

New York has a rich industrial history, and many workers have been exposed to toxic asbestos. Many of these workers have developed asbestos-related illnesses, such as mesothelioma and cancer of the lung. Anyone who has been affected by these diseases can recover compensation from the companies that exposed them to asbestos.

Asbestos suits are quite common in New York and the judges are well-versed in the subject. For example, the courts expedite trials for terminally patients, and often combine cases to cut down on costs for trial. The courts also 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 made by plaintiffs' experts did not prove causality. The case was re-argued by the defendants, and a ruling is expected to be issued soon.

The court's decision is expected to impact asbestos litigation across New York. The mesothelioma lawyers are bombarding daytime television with commercials that encourage asbestos victims to file lawsuits, promising massive settlements. The niche litigation was particularly lucrative for plaintiffs’ attorneys who repaid millions of referral fees to Sheldon Silver. Silver was recently found guilty of federal corruption charges in relation to the millions he made by the asbestos cases he directed 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 attorney can assist you in obtaining the compensation you deserve.

Asbestos exposure can lead to serious diseases like mesothelioma and lung cancer. These diseases are aggressive and have a long latency period which means that patients may start feeling symptoms as recent as 20 or 25 years after their first exposure. There are steps that workers can take to reduce the risk of asbestos lawyer exposure and future illnesses. In recent years, the asbestos litigation landscape has undergone several significant 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 corruption convictions stemmed from his secret moonlighting at the law firm of Weitz & Luxenberg, which employed him to earn millions of dollars in referral fees for the firm.

The new Albany landscape has also been shaken by the courtroom political machinations of the NYCAL docket. Justice Sherry Klein Heitler was removed as the long-time director of NYCAL docket in 2021 amid reports that she had given the "red carpet treatment" to asbestos claims filed by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the following shake-up. His rulings have placed a heavy 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 rejecting the cumulative exposure theory that was popular in the litigation. Instead, it demanded that plaintiffs establish specific causation using sufficient scientific proof from their experts. This ruling gives New York asbestos attorneys a powerful weapon to defend against claims that claim to be fraud or speculative.

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

Causation

The most significant challenge facing asbestos defendants is the need to prove that there is a causal link. It is generally accepted that a person's exposure to asbestos-containing substances can cause mesothelioma, among other illnesses, but the law requires plaintiffs to prove specific exposure to certain products made by particular defendants in order to be successful in their claims.

This is a tough standard to meet, particularly in NYCAL where a single judge oversees 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 the case. In 2016, the First Department in Matter of NYC Asbestos Litigation, (Juni) ruling that an expert's testimony that a plaintiff "regularly" exposed himself to friction products containing asbestos was not sufficient to establish specific causality under Nemeth.

Juni has put a huge burden on defendants in NYCAL and could oblige them to settle their claims at a lower amount than they are entitled to. A mesothelioma lawyer from 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 state for mesothelioma suits in the year 2019. It handled 6percent of all asbestos lawyer litigation across the country. It is estimated that around 13,000 people have been diagnosed with mesothelioma within the state. The majority of those affected were contractors or employees who were exposed to asbestos as it was employed in industrial applications.

The symptoms of mesothelioma don't usually evident until between 25 and 50 years after the first exposure. Many asbestos victims are fighting for the compensation they need for medical expenses, lost wages and companionship loss, in addition to other damages.

While it is important to make a mesothelioma claim promptly but it is also essential to work with an experienced mesothelioma lawyer who can help you pursue the maximum amount of financial restitution that is possible. Contact a mesothelioma lawyer from 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 suffer from mesothelioma, or another asbestos-related illness, a successful lawsuit could compensate your family for your losses. Compensation could cover medical expenses, lost wages due to inability to work, home-care expenses, mental anguish and pain loss of quality funeral and burial costs, and other costs. An experienced New York mesothelioma attorney will examine the parties responsible and collect evidence to support your claims. Your lawyer will then start a civil lawsuit before the statute of limitations runs out in your state.

The courts are well-versed in asbestos lawsuits, and they have dockets that are specifically designed to streamline the process. They expedite trials for terminally-ill plaintiffs and group similar cases. The judges handling these cases have been instructed to ensure justice and are aware of the increasing dangers associated with asbestos.

According to a recent study, New York City is the national center for asbestos litigation. Asbestos victims have received billions of dollars in settlements and verdicts. Mesothelioma, a deadly cancer, is caused by asbestos fibers. It is a rare and incurable disease, however lawsuits filed against companies that exposed workers to asbestos cancer-causing chemical have led to compensation for victims for their suffering.

These lawsuits are designed to penalize corporate wrongdoers as as compensating victims of mesothelioma or other asbestos-related illnesses. The lawsuits seek punitive damages, which are granted in addition to compensatory damages. The intent of the lawsuits is to discourage the defendant from repeating the same conduct in the future.

The NYCAL decision gives defendants hope that they can avoid punitive damage awards. Previously, they had faced the prospect of massive judgments in these cases, with the prevailing theory that their conduct was so outrageous that they must pay punitive damages in order to discourage others from committing the same crime.

With the decision in favor of plaintiffs, it is expected that many 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 deserve to be involved in.