New York asbestos lawyer Litigation

New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma is an asbestos-related disease that is serious and has prolonged latency.

Recent NYCAL decisions are likely to have a major 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 expert witnesses to prove their clients' claims. Asbestos litigation can be very expensive and expert witness costs account for a significant percentage of total case costs. Lawyers for both sides can spend hours in preparation to confront an expert, while experts can charge thousands of dollars per day. Therefore, it is crucial for litigants to carefully examine and verify potential experts prior to their appointment. In the absence of this, it could result in a shaky Daubert Challenge or losing cases.

New York has a rich industrial past, and a lot of workers have been exposed to asbestos, which is toxic. Many of these workers have developed asbestos-related illnesses, including mesothelioma and cancer of the lung. Those who have suffered from these conditions can seek compensation from the companies who exposed them to asbestos lawyers.

Asbestos lawsuits are an everyday in New York, and judges are well-versed in the issues that arise. For instance, the courts speed up trials for sick plaintiffs, and they 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 one notable case, Brown v. Weitz & Luxenberg in which the First Department held that conclusory cumulative exposure statements from plaintiffs' experts were insufficient to establish the causation in asbestos cases. The defendants appealed the decision, and a decision is expected soon.

The court's decision is expected to impact asbestos litigation in New York. The mesothelioma lawyers are currently bombarding the daytime TV with ads that urge victims to file asbestos suits, promising huge settlements. The niche litigation was particularly lucrative for plaintiffs’ attorneys who paid millions of referral fees to Sheldon Silver. Silver was recently found guilty of federal corruption charges related to the millions he earned by sending asbestos cases to their firm.

New Yorkers must continue to be vigilant at work and communities to avoid asbestos exposure. Asbestos lawsuits have been on the rise and New York is one of most prominent jurisdictions for mesothelioma verdicts.

Summary Judgment

A New York asbestos lawyer attorney can assist you in receiving the amount of compensation you are due.

Asbestos exposure can lead to serious illnesses, such as mesothelioma as well as lung cancer. These illnesses are extremely serious and have a long period of latency which means that patients may start suffering from symptoms as recently as 20 or 25 years after their first exposure. Fortunately, there are steps that workers can take to protect themselves against asbestos exposure and prevent future illnesses. In recent years the asbestos litigation scene has seen major changes. The most significant development came in 2015 when the political establishment was shaken to its core by the conviction on federal corruption charges brought against the former Assembly Speaker Sheldon Silver. Silver's corruption convictions stemmed from a secret moonlighting at the law firm of Weitz & Luxenberg, which he used to earn millions of dollars in referral fees for the firm.

The courtroom politics on the NYCAL docket have also shaken up the new Albany landscape. Justice Sherry Klein Heitler was removed as the long-time manager of the 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 aftermath of the shake-up. 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 with a savage dose of reality, rejecting the cumulative exposure theory that was popular in the litigation and calling for plaintiffs to establish the causation of their claims with sufficient scientific evidence from their experts. This ruling provides New York asbestos attorneys a powerful tool to defend against claims that claim to be false or speculative.

In Reid in Reid Abex the Court of Appeals supported asbestos defense attorneys in their efforts to require plaintiffs to prove a causal connection between asbestos-related illnesses 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 workplace exposure to asbestos.

Causation

The defendants will need to prove that asbestos caused the disease. It is generally accepted that exposure to certain asbestos-containing materials can cause mesothelioma and various other diseases, but the law requires plaintiffs to prove the specific exposure to products produced by particular defendants in order to be successful in their claims.

This is a tough standard to meet, especially in NYCAL where a single judge oversees the entire NYC asbestos litigation. In the 16 years since Parker, New York courts have had a difficult time applying the principles of this case. In 2016, for instance the First Department in Matter of NYC Asbestos Litigation (Juni) decided that a plaintiff's expert testimony that he "regularly exposed" himself to friction products containing asbestos was not sufficient under Nemeth to establish a specific causality.

Juni has placed a significant burden on defendants in NYCAL and could force them to settle their claims for less than they are entitled to. A mesothelioma lawyer from NYC can explain to you the benefits of filing a lawsuit 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-related lawsuits in 2019 and is responsible for about 6% of the national asbestos litigation. It is estimated that around 13,000 patients have been diagnosed with mesothelioma within the state. Most of the victims were contractors or employees exposed to asbestos in industrial applications.

The symptoms of mesothelioma usually don't manifest until between 25 to 50 years after initial exposure. Many asbestos patients are fighting for the compensation they require for medical expenses loss of wages, companionship loss, among other damages.

It is essential to file your mesothelioma lawsuit in a timely manner however, it is essential to work with mesothelioma lawyers who can assist you in obtaining the highest amount of financial compensation. Call a mesothelioma attorney in NYC to schedule a free, no-obligation appointment. Your attorney can help you determine if you're qualified for financial compensation from an asbestos trust.

Damages

If you suffer from mesothelioma or any other asbestos-related illness, a successful lawsuit could compensate your family for your losses. Compensation could pay for medical expenses, lost income due to being unable to work or take care of your home, pain and suffering, mental anguish and loss of quality of life as well as funeral and burial costs. A seasoned New York asbestos lawyer will look into the responsible parties to collect evidence and support your claim. Your lawyer will then file 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 speed up the process. They speed up trials for terminally ill plaintiffs and group similar cases together. The judges handling these cases have been trained to ensure justice and are aware of the higher dangers associated with asbestos.

According to a study conducted recently, New York City is the national center for asbestos litigation. Asbestos victims have claimed billions of dollars in settlements and verdicts. Mesothelioma is a deadly cancer caused by exposure to dangerous asbestos fibers. It is a rare, incurable cancer. However lawsuits brought against companies who exposed workers to asbestos fibers have helped compensate victims.

In addition to compensating victims of mesothelioma as well as other asbestos-related diseases the lawsuits aim at securing the retribution of corporate wrongdoers. These lawsuits seek punitive damage awards, which are 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 a glimmer of hope in their fight to stay clear of punitive damages. Previously, they had faced the possibility of huge judgments in these cases, with the prevailing theory that their conduct was so egregious 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 reprimanded. Even if they are dismissed but they'd still have to pay legal fees to defend a case they didn't deserve to be in.