New York Asbestos Litigation

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

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 focusing on the defendant's fiber/cc test as well as expert reports putting 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 experts to back up their client's claims. Asbestos litigation is expensive and expert witness costs make up a significant portion of the total costs. Lawyers for both sides can spend a lot of time in preparation to question an expert, while experts can charge thousands of dollars per day. This is why it is crucial for litigants to carefully research and vet potential experts prior to their appointment. Failure to do this can result in a failed Daubert Challenge or losing cases.

New York has had a long industrial history. Many workers were exposed to asbestos. Many of these workers have developed asbestos-related illnesses, including mesothelioma and cancer of the lung. Anyone who has suffered from these ailments can recover compensation from the companies that exposed them to asbestos.

Asbestos suits are quite common in New York and the judges are knowledgeable about the issue. The courts, for instance expedite trials in cases of terminally ill plaintiffs and consolidate cases when necessary to reduce the cost of trial. The courts also regularly review their discovery process to ensure that it is effective and up-to-date.

In a case that is notable, Brown v. Weitz & Luxenberg, the First Department held that conclusory statements on exposure cumulatively made from plaintiffs' experts were insufficient to establish causation in an asbestos case. The defendants filed an appeal, and the decision is expected to be made soon.

The court's decision is likely to have a profound impact on asbestos litigation in New York. Currently, specialized mesothelioma law firms pepper daytime TV with ads urging victims to file asbestos lawsuits, promising giant settlements. The niche litigation has been particularly lucrative for plaintiffs' lawyers who have paid millions of dollars in referral fees to former Assembly Speaker Sheldon Silver, who was recently found guilty of federal corruption charges that relate to the millions of dollars he made from directing asbestos cases to his firm.

New Yorkers should be vigilant in their workplaces, and communities about asbestos exposure. Asbestos-related lawsuits are on the rise and New York is one of the top jurisdictions for mesothelioma cases.

Summary Judgment

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

Asbestos exposure can cause serious illnesses like mesothelioma and lung cancer. These are serious diseases, and they have a long period of latency. This means that victims may not have started experiencing symptoms until 20 or 25 years following the initial exposure. Fortunately, there are steps that workers can take to protect themselves against asbestos exposure and avoid future disease. In recent years, the asbestos litigation landscape has seen major changes. In 2015 the political establishment in New York was shook to its core by the conviction of Sheldon Silver for federal corruption charges. Silver's convictions for corruption were a result of his covert work at the law firm Weitz & Luxenberg. He utilized this to earn millions in referral fees.

The new Albany landscape has also been shattered by the courtroom political machinations of the NYCAL docket. Justice Sherry Klein Heitler was removed as the long-time director of the NYCAL docket in 2021 amid reports that she'd given the "red carpet treatment" to asbestos claims filed by Weitz & Luxenberg. In the aftermath of this reshuffle Justice Peter Moulton has taken charge of NYCAL. His rulings have made it difficult for defendants to obtain summary judgement.

In Juni, the Court of Appeals dealt NYCAL with a brutal dose of truth, rejecting the cumulative exposure theory that was popular in the litigation, and requiring plaintiffs to prove specific causation through sufficient scientific explanation by their experts. This ruling gives New York asbestos attorneys a powerful tool to defend against claims that claim they are fraud or speculative.

In Reid In Reid Abex the Court of Appeals supported asbestos defense lawyers in their efforts to force plaintiffs to establish a causal connection between asbestos-related diseases and the products to which they were exposed. In this ruling 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 lawyers in the workplace.

Causation

The defendants will need to prove that asbestos contributed to the disease. There is a consensus that exposure to asbestos-containing materials can cause mesothelioma or other illnesses. However, the law requires plaintiffs be able to prove specific exposure to certain products made by certain defendants for their claims to be considered valid.

This is a challenging standard to meet, especially in NYCAL where one judge is in charge of all NYC asbestos litigation. In the 16 years since Parker, New York courts struggle to apply the principles from that case. In 2016, for instance, 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 causation.

Juni has placed a significant burden on defendants, and could oblige them to to settle their claims for less than they are entitled. A mesothelioma attorney in NYC can explain the advantages of filing a suit and the options to receive financial compensation if you have been diagnosed with mesothelioma.

New York State was the second-most popular jurisdiction for mesothelioma suits in 2019. It handled about 6% of the national asbestos litigation. Around 13,000 people have been diagnosed with the disease in New York. Most of the victims were contractors or workers exposed to asbestos lawsuit in industrial applications.

The signs of mesothelioma generally don't manifest until between 25 to 50 years after the initial exposure. Many asbestos patients are fighting to get the compensation they deserve to cover medical expenses as well as lost wages and companionship loss, in addition to other damages.

While it is crucial to make a mesothelioma claim promptly but it is also essential to partner with a seasoned mesothelioma lawyer who will help you obtain the maximum amount of financial restitution that is possible. Contact a mesothelioma attorney in NYC today to set up a free no-obligation consultation. Your attorney can help you determine if you're eligible for financial compensation from an asbestos trust.

Damages

If you're suffering from mesothelioma or another asbestos-related disease, a successful lawsuit can help your family recover losses. Compensation can cover medical expenses, lost income due to being unable to work and home care expenses, pain and suffering, mental anguish and loss of quality of life, and funeral and burial costs. A seasoned New York asbestos lawyer will investigate the responsible parties to gather evidence and prove your claim. After that, your lawyer will file a lawsuit in civil court before the statute of limitations expires.

The courts are well-versed in asbestos lawsuits, and they have specialized dockets to help streamline the process. They speed up trials for plaintiffs who are terminally ill and also group similar cases together. Additionally the judges who decide these cases are aware of the increased risks associated with asbestos exposure and are trained to ensure that justice is done.

According to a study conducted recently, New York City is the national center for asbestos litigation. Asbestos victims have received billions of dollars in settlements and verdicts. Mesothelioma is a fatal cancer that is caused by exposure to hazardous asbestos fibers. It is a rare and incurable illness, but lawsuits brought against companies who exposed workers to the cancer-causing chemical have led to compensation for victims for their suffering.

In addition to compensating the victims of mesothelioma as well as other asbestos-related illnesses, these lawsuits are aimed at punishing corporate wrongdoers. These lawsuits seek punitive damages awards, which are in addition to compensatory damages. The lawsuits are designed to deter the defendant from engaging in similar conduct in the future.

However, the NYCAL decision offers defendants the chance to have a shot of hope in their fight to stay clear of punitive damages. In the past, they faced the prospect of massive judgments in these cases, according to the popular belief that their conduct was so egregious that they should be forced to pay punitive damages to prevent others from following their lead.

Now, with the ruling in favor of plaintiffs, businesses named as defendants in NYCAL cases are likely to be dismissed in a large percentage of their cases. This is because even if they get dismissed, they will need to incur legal costs to defend a case they did not deserve to be involved in.