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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 serious illness that has long latency times.

Recent NYCAL decisions will have a profound impact on the defense of asbestos suits. These decisions are likely to result in a significant number of summary judgment motions based on the defendant's fiber/cc tests and expert reports that put any exposure that can be deemed respirable below an exposure threshold in the ambient.

Expert Testimony

New York asbestos lawyers rely heavily on expert witness testimony to back their clients' claims. Asbestos litigation can be extremely expensive, and expert witness fees account for a significant percentage of the total cost. Lawyers on both sides could spend hours in preparation to confront an expert, and experts can charge thousands of dollars per day. It is therefore important that litigants research and vet possible experts prior to contacting them. Failure to do this could result in a failed Daubert challenge or losing cases.

New York has had a long history of industrialization. Many workers were exposed to asbestos. Many of these workers have been diagnosed with asbestos-related diseases, such as mesothelioma and lung cancer. These workers can seek compensation from the companies who exposed them to asbestos.

Asbestos suits are commonplace in New York and the judges are well-versed in the subject. The courts, for example speed up trials in cases of patients who are terminally ill and consolidate cases when needed to reduce the cost of trial. Additionally courts frequently review their discovery procedures to make sure they are current and efficient.

In a notable case, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements by plaintiffs’ experts did not prove causation. The defendants appealed the decision, and a decision is expected in the near future.

The court's decision is likely to impact asbestos litigation in New York. Currently, specialized mesothelioma law firms pepper daytime TV with commercials urging victims to make asbestos lawsuits and promise giant settlements. The specialized litigation has been particularly lucrative for plaintiffs' attorneys who have repaid millions of dollars in referral fees to former Assembly Speaker Sheldon Silver, who was recently convicted on federal corruption charges that relate to the millions of dollars he earned by directing asbestos cases to his firm.

In addition to these legal developments, New Yorkers should continue to be alert to asbestos exposure in their workplaces and communities. Asbestos lawsuits are on the rise and the state is one of the top jurisdictions for mesothelioma cases.

Summary Judgment

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

Asbestos exposure can lead to serious diseases, including mesothelioma and cancer of the lung. These diseases are aggressive, and they have a long time to develop. This means that patients might not be suffering from symptoms until 20 or 25 years after their first exposure. There are steps that workers can take to protect themselves against asbestos exposure and prevent future illness. In recent years the asbestos litigation landscape has seen a number of major changes. The most significant change came in 2015 in which the New York political establishment was shaken to the core by the conviction on federal corruption charges of former Assembly Speaker Sheldon Silver. Silver's convictions for corruption 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 is also impacted by the courtroom politics of the NYCAL docket. The long-time supervisor of the NYCAL docket, Justice Sherry Klein Heitler, was replaced in 2021 following reports that she gave the "red-carpet treatment" to asbestos cases brought by Weitz & Luxenberg. In the wake of this shakeup, Justice Peter Moulton has taken the charge of NYCAL. His decisions have placed a heavy burden on defendants, making it almost impossible for them to get summary judgment.

In Juni the year 2003, the Court of Appeals dealt NYCAL a harsh dose of reality, renouncing the cumulative exposure theory that had become fashionable in the court case and calling for plaintiffs to establish specific causation through sufficient scientific expression by their experts. This decision provides New York asbestos defense attorneys a powerful tool to defend against claims of fraudulent and speculative claims.

In Reid v. Abex, the Court of Appeals also gave asbestos defense attorneys support for their efforts to require plaintiffs to establish a specific causal link between their asbestos-related condition and the specific products they were exposed to. The decision imposes on plaintiffs the obligation to prove that their illness was caused by specific friction materials and linings which were supplied by the defendant, rather than general exposure to asbestos in the workplace.

Causation

The defendants will have to prove that asbestos contributed to the disease. It is generally accepted that a person's exposure to asbestos-containing substances can cause mesothelioma and other diseases, however, the law requires plaintiffs to prove specific exposure to products manufactured by particular defendants in order to be successful in their claims.

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

Juni has placed a significant burden on defendants and may make them settle their claims at a lower amount than they are entitled. A mesothelioma lawyer in NYC can explain the advantages of filing a lawsuit as well as your options for financial restitution if you're diagnosed with mesothelioma, or other asbestos-related illnesses.

New York state was the second most popular state for mesothelioma-related lawsuits in 2019 and handles about 6% of the national asbestos litigation. It is estimated that up to 13,000 patients have been diagnosed with mesothelioma in the state. The majority of victims were contractors or employees exposed to asbestos in industrial applications.

Symptoms of mesothelioma are not typically apparent until between 25 and 50 years after exposure. Many asbestos attorney patients are fighting for the compensation they deserve to cover medical expenses loss of wages, companionship loss, among other damages.

It is important to file your mesothelioma lawsuit promptly however, it is important to consult an attorney for mesothelioma who can assist you in seeking the highest amount of financial compensation. Call a mesothelioma attorney in NYC to set up a free, no-obligation appointment. Your attorney can help you determine if you're eligible for financial compensation from an asbestos trust.

Damages

If you have mesothelioma, or another asbestos-related disease A successful lawsuit could pay for the losses of your family. Compensation could cover your medical expenses, lost income from being unable and home care expenses as well as pain and suffering, mental anguish and loss of quality of life and funeral and burial costs. An experienced New York Asbestos Lawyer (Sciencewiki.Science) will look into the responsible parties to gather evidence and prove your claim. After this, your lawyer may bring a lawsuit in civil court before the state's statute of limitations runs out.

The courts have specialized dockets for asbestos cases to streamline the process. They accelerate trials for terminally ill plaintiffs and put similar cases together. The judges who are handling these cases have been instructed to ensure justice and are aware of the higher risk of asbestos exposure.

According to a research study conducted recently, New York City is the main hub in the country for asbestos litigation. Asbestos-related victims have claimed billions of dollars in settlements and verdicts. Mesothelioma is a deadly cancer that is caused by exposure to hazardous asbestos lawyers fibers. It is a rare, incurable illness, but lawsuits brought against companies who exposed workers to the cancer-causing substance have aided in compensating victims for their suffering.

In addition to compensating the victims of mesothelioma and other asbestos-related illnesses, these lawsuits are aimed at punishing corporate wrongdoers. The lawsuits seek punitive damages, which are granted in addition to compensatory damages. They are intended to discourage the defendant's behavior in the future and discourage others from taking part in a similar course of action.

The NYCAL decision gives defendants hope that they can avoid punitive damages. Previously, they had faced the prospect of massive 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 suit.

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