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 period of latency, is the second most common mesothelioma patient in the country in 2019.

Recent NYCAL decisions are expected to have a profound impact on the defense of asbestos lawsuits. These decisions are likely to result in extensive summary judgement motion practice focused on the defendant's fiber/cc test and expert reports placing any exposure that is deemed to be respirable below an exposure threshold for ambient conditions.

Expert Testimony

New York asbestos attorneys rely heavily on the testimony of experts to prove their clients' claims. Asbestos litigation is expensive and expert witness fees account for a significant percentage of the total costs. Both sides can spend hundreds hours in preparation to question an expert. Experts can charge thousands of dollar per day. It is crucial that litigants carefully research and vet possible experts prior to contacting them. In the absence of doing so, it could result in a failure of the Daubert contest and a loss of cases.

New York has a rich industrial past, and a lot of workers have been exposed to toxic asbestos. Many of these workers developed asbestos-related illnesses, like mesothelioma, lung cancer, and so on. Those who have been affected by these diseases are entitled to compensation from companies who exposed them to asbestos.

Asbestos lawsuits are a common in New York, and judges are aware of the issues that arise. For instance, courts speed up trials for terminally sick plaintiffs, and they often consolidate cases to reduce trial expenses. Additionally, courts regularly review their discovery procedures to ensure they are up-to-date and efficient.

In a landmark case, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements by plaintiffs’ experts were not sufficient to establish causation. The defendants filed an appeal, and the decision is expected to be made soon.

The court's decision is expected to have a major impact on asbestos litigation in New York. At present, mesothelioma lawyer firms pepper daytime TV with commercials urging victims to make asbestos lawsuits and promise massive settlements. The niche 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 made from directing asbestos cases towards his firm.

In addition to these legal developments, New Yorkers should continue to be vigilant about possible asbestos exposure in their workplaces and communities. Asbestos lawsuits are on the increase, and the state is one of 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 diseases, including mesothelioma and cancer of the lung. These diseases are extremely serious and have a long latency time. This means that the victims might not be suffering from symptoms until 20 or 25 years following their first exposure. Fortunately, there are ways for workers to safeguard themselves from asbestos exposure and avoid a recurrence of disease. There have been a number of significant changes in the asbestos litigation environment in recent years. The most significant development came in 2015 when the political establishment was shaken to its foundation following the conviction on federal corruption charges against former Assembly Speaker Sheldon Silver. Silver's convictions for corruption stemmed from his shady work at the law firm Weitz & Luxenberg. He utilized this to earn millions of referral fees.

The new Albany landscape is also impacted by the courtroom politics of the NYCAL docket. The longtime manager of the NYCAL docket, Justice Sherry Klein Heitler was sacked in 2021 following reports that she had given the "red-carpet treatment" to asbestos cases brought by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the following shake-up. His rulings have placed a significant burden on defendants, making it virtually impossible for them to obtain summary judgment.

In Juni the year 2003, the Court of Appeals dealt NYCAL with a brutal dose of reality, renouncing the cumulative exposure theory that was popular in the litigation, and requiring plaintiffs to prove specific causation by proving it through scientific expression by their experts. This decision gives New York asbestos attorneys a powerful weapon to defend against claims that claim to be false or speculative.

In Reid v. Abex, the Court of Appeals also gave asbestos defense attorneys a boost in their efforts to require plaintiffs to prove the existence of a specific causal connection between their asbestos-related condition and the specific products they were exposed to. In this decision, plaintiffs are required to prove that their asbestos-related illness was caused by specific friction materials or linings supplied by the defendant, rather than general exposure to asbestos lawsuit in the workplace.

Causation

The most difficult challenge facing asbestos defendants is the need to prove causation. The general consensus is that exposure to asbestos-containing substances can cause mesothelioma or other diseases. However the law requires plaintiffs to demonstrate specific exposure to the products made by certain defendants to be considered valid.

This is a tough standard to meet, especially in NYCAL where a single judge is responsible for the entire NYC asbestos litigation. In the 16 years 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) decided that a plaintiff's expert evidence that he "regularly exposed" himself to friction products containing asbestos was not sufficient under Nemeth to satisfy specific causation.

Juni has put a huge burden on defendants in NYCAL and may make them settle their claims at a lower amount than they are entitled to. A mesothelioma lawyer from NYC can explain the advantages of filing suit and your options for financial compensation if you have been diagnosed with mesothelioma.

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

The symptoms of mesothelioma usually are not evident until the age of 25 to 50 years after the initial exposure. Many asbestos victims are now fighting to get the compensation they need to cover medical expenses and lost wages, as well as loss of companionship, and other damages.

While it is crucial to make a mesothelioma claim promptly but it is also essential to partner with a seasoned mesothelioma attorney who can assist you in obtaining the highest financial restitution possible. Call a mesothelioma attorney in NYC to set up a free appointment that is no-obligation. Your attorney can discuss your rights to financial restitution from an asbestos trust fund.

Damages

If you're suffering from mesothelioma or a similar asbestos-related condition, a successful lawsuit could compensate your family's losses. Compensation can cover medical bills as well as lost wages due to inability to work, home-care expenses, mental stress and pain, loss of quality, funeral and burial costs, as well as other costs. An experienced New York mesothelioma attorney will look into the parties at fault and gather evidence to back your claims. After that, your lawyer can bring a lawsuit in civil court before the state's time limit expires.

The courts are well-versed in asbestos lawsuits, and they have dockets specifically designed to speed up the process. They speed up trials for terminally ill plaintiffs, and group similar cases. In addition the judges who handle these cases are aware of the higher dangers associated with asbestos exposure and are trained to ensure justice is served.

According to a research study conducted recently, New York City is the national hub for asbestos lawsuit litigation. Asbestos-related 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 and fatal disease, but lawsuits against companies that exposed workers to asbestos cancer-causing substance have helped compensate victims for their suffering.

In addition to remunerating the victims of mesothelioma and the other asbestos-related diseases, these lawsuits are aimed at securing the retribution of corporate wrongdoers. The lawsuits seek punitive damages, which are given in addition to compensatory damages. The lawsuits are meant to deter the defendant from engaging in similar behavior in the future.

The NYCAL decision gives defendants the chance to stay clear of punitive damages. They faced the prospect of large judgments in the past with the theory that their conduct had been so indecent that they had to pay punitive damages to deter other people from following their example.

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