New York Asbestos Litigation

New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma is a very serious asbestos-related disease with a long latency period, is the second most frequent mesothelioma patient in the country in 2019.

Recent NYCAL decisions are likely to have a significant impact on the defense of Asbestos Lawsuit lawsuits. These decisions are likely to result in a significant number of summary judgment motions based upon the defendant's fiber/cc tests and expert reports that place any exposure that is deemed to be respirable under 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 make up a significant portion of the total costs. Both sides can devote hundreds of hours preparing to question an expert. Experts can charge thousands of dollars per day. Therefore, it is important for litigants to carefully research and vet 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 had a long industrial history. Many workers were exposed to asbestos. Many of these workers have developed asbestos-related diseases, including mesothelioma, lung cancer, and so on. They can seek compensation from the businesses who exposed them to asbestos.

Asbestos lawsuits are a common occurrence in New York, and judges are familiar with the issues involved. For instance, the courts speed up trials for terminally patients, and often combine cases to cut down on the cost of trial. In addition the courts are regularly reviewing their discovery procedures to make sure they are up-to-date and effective.

In a landmark case, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements made by plaintiffs' experts did not suffice to prove causation. The defendants appealed the case and the decision is expected to be made soon.

The court's decision is likely to have an impact on asbestos litigation throughout New York. There are currently mesothelioma-specific law firms fill the air with commercials urging victims to file asbestos lawsuits, promising huge settlements. The niche litigation has proven particularly lucrative for plaintiffs' lawyers who have paid millions of dollars in referral fees to former Assembly Speaker Sheldon Silver, who was recently convicted on federal corruption charges related to the millions of dollars he made by directing asbestos cases to his firm.

New Yorkers must continue to be vigilant in their workplaces, and communities about asbestos exposure. Asbestos lawsuits are on the increase and New York is among the most sought-after jurisdictions for mesothelioma verdicts.

Summary Judgment

A New York asbestos attorney can help you receive the compensation you deserve.

Asbestos exposure can lead to serious illnesses, such as mesothelioma and cancer of the lung. These illnesses are extremely serious and have a long period of latency, meaning that victims may only have begun suffering from symptoms as recently as 20 or 25 years after their initial exposure. Fortunately, there are steps that workers can take to protect themselves against asbestos lawyer exposure and avoid future illnesses. Several major changes have occurred in the asbestos litigation landscape in recent years. In 2015 the political establishment of New York was shook to its core by Sheldon Silver's conviction on federal corruption charges. Silver's convictions for corruption stemmed from his shady work at the law firm Weitz & Luxenberg. He used this to earn millions in referral fees.

The courtroom politics on the NYCAL docket have also impacted the new Albany landscape. Justice Sherry Klein Heitler was removed as the long-time manager of the NYCAL docket in 2021 following reports that she had provided the "red carpet treatment" to asbestos-related claims filed by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the aftermath of the shake-up. His rulings have made it more difficult for defendants to get summary judgement.

In Juni, the Court of Appeals dealt NYCAL with a savage dose of reality, renouncing the cumulative-exposure theory that had become fashionable in the court case and requiring plaintiffs to prove the causation of their claims with sufficient scientific expression by their experts. This ruling gives New York asbestos attorneys a strong argument against allegations that claims are speculative or fraudulent.

In Reid In Reid Abex the Court of Appeals supported asbestos defense lawyers in their efforts to require plaintiffs to establish a causal connection between asbestos-related illnesses and the products to which they were exposed. In this decision plaintiffs must prove that their asbestos-related illness was caused by specific friction materials or linings supplied by the defendant, not general exposure to asbestos in the workplace.

Causation

The defendants will have to prove that asbestos caused the disease. The consensus is that exposure to asbestos-containing materials can trigger mesothelioma and other diseases. However, the law requires plaintiffs be able to prove specific exposure to certain products produced by certain defendants to be successful.

This is a tough standard to achieve, particularly in NYCAL where one judge is in charge of all NYC asbestos litigation. In the 16 years that have passed since Parker, New York courts struggle to apply the principles of the case. In 2016, for example the First Department in Matter of NYC Asbestos Litigation (Juni) ruled that a plaintiff's expert evidence that he "regularly exposed" himself to asbestos lawyer-containing friction products was not sufficient under Nemeth to satisfy specific causation.

Juni has placed a significant burden on defendants and could force them to settle their claims for 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're diagnosed with mesothelioma, or other asbestos-related illnesses.

New York State was the second most popular state for mesothelioma suits in the year 2019. It was the sole handler of about 6% of the asbestos litigation across the country. It is estimated that around 13,000 people have been diagnosed with mesothelioma within the state. The majority of the victims were contractors or employees who were exposed to asbestos when it was used in industrial processes.

The signs of mesothelioma generally are not evident until the age of 25 to 50 years after initial exposure. Many asbestos patients are fighting to get the compensation they need for medical expenses as well as lost wages and companionship loss, in addition to damages.

It is essential to file your mesothelioma lawsuit in a timely fashion however, it is vital to work with an attorney for mesothelioma who can assist you in obtaining the highest amount of financial compensation. Contact a mesothelioma attorney in NYC today to set up a free, no-obligation consultation. Your attorney can help determine if you're eligible to receive financial compensation from an asbestos trust.

Damages

If you're suffering from mesothelioma or any other asbestos-related disease, a successful lawsuit may compensate your family for your losses. Compensation may cover medical bills, lost wages due to inability to work, home-care expenses, mental anguish and pain loss of quality, funeral and burial costs, as well as other expenses. A seasoned New York mesothelioma attorney will investigate the responsible parties and gather evidence to back your claims. Your lawyer can then start a civil lawsuit before the statute of limitations runs out in your state.

The courts are familiar with asbestos lawsuits, and have specialized dockets to help streamline the process. They speed up trials for terminally ill plaintiffs and group similar cases. In addition the judges who decide these cases are aware of the increased risks associated with asbestos exposure and are trained to ensure justice is done.

According to a study conducted recently, New York City is the main hub in the country for asbestos litigation. Asbestos victims have claimed billions of dollars in settlements and verdicts. Mesothelioma is a deadly form of cancer is caused by asbestos fibers. It is a rare, incurable cancer. However lawsuits filed against companies who exposed workers to asbestos fibers have resulted in compensation for victims.

These lawsuits aim to punish corporate wrongdoers as well as compensating victims of mesothelioma or other asbestos-related illnesses. The lawsuits seek punitive damages which are awarded in addition to compensatory damages. They are designed to deter the defendant's actions in the future and deter others from taking part in the same course of action.

However the NYCAL decision provides defendants with an opportunity to win their fight to avoid punitive damages awards. Prior to this, they faced the prospect of massive judgments in these cases, according to the prevalent view that their conduct was so indefensible 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 likely that many of the businesses that were named as defendants will be disqualified. This is because, even if they are dismissed, they will have to spend money on legal costs to defend a case they didn't deserve to be involved in.