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 case nationwide in the year 2019.

Recent NYCAL decisions will have a significant impact on the defense of asbestos lawsuits. These decisions are likely to result in a large number of summary judgment motions based upon the test results of the defendant's fiber/cc and expert reports that put any exposure that is deemed to be respirable under an exposure threshold in the ambient.

Expert Testimony

New York asbestos lawyers rely heavily on expert witness testimony to back their clients their claims. Expert witness fees can be a significant proportion of total cost of asbestos litigation. Both sides could spend hundreds of hours in preparation to question an expert. Experts can charge thousands of dollars per day. Therefore, it is essential that litigants conduct thorough study and evaluate potential experts prior to interviewing them. Failure to do this could result in a sham Daubert challenge and lost cases.

New York has a rich industrial past, and a lot of workers have been exposed to toxic asbestos. Many of these workers have developed asbestos-related diseases, such as mesothelioma, lung cancer, and so on. They can claim compensation from the companies who exposed them to asbestos.

Asbestos suits are common in New York and the judges are knowledgeable about the issue. The courts, for instance expedite trials for seriously ill plaintiffs and combine cases when necessary to cut down on the cost of trial. The courts also regularly examine their discovery procedures to ensure that it is effective and up-to-date.

In a case that is notable, Brown v. Weitz & Luxenberg in which the First Department held that conclusory statements of exposure cumulatively made by the plaintiffs' experts were insufficient to establish causation in an asbestos case. The case was appealed by the defendants, and a decision is expected soon.

The court's decision is expected to have an impact on asbestos litigation throughout New York. At present, mesothelioma lawyer firms fill the air with advertisements urging people to file asbestos lawsuits, promising huge settlements. The niche litigation has proven 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 to his firm.

New Yorkers should continue to be aware in their workplaces and in their communities regarding asbestos exposure. Asbestos lawsuits are increasing and New York is one of most prominent jurisdictions for mesothelioma verdicts.

Summary Judgment

A New York asbestos lawyer can help you obtain the compensation you deserve.

Asbestos exposure can cause serious diseases like mesothelioma and lung cancer. These diseases are agressive and have a long latency period which means that the victims could be feeling symptoms as recent as 20 or 25 years after their first exposure. There are ways for workers to protect themselves against asbestos exposure and avoid future disease. Several major changes have occurred in the asbestos litigation environment in recent years. In 2015 the political establishment in New York was shook to its foundation by the conviction of Sheldon S. Silver on federal charges of corruption. Silver's convictions for corruption were a result of his covert work at the law firm Weitz & Luxenberg. He made millions in referral fees.

The new Albany landscape is also impacted by the courtroom political machinations of the NYCAL docket. Justice Sherry Klein Heitler was removed as the long-time manager of NYCAL docket in 2021 following reports that she had given the "red carpet treatment" to asbestos claims filed by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the wake of this shake-up. His rulings have placed a significant burden on defendants, making it almost impossible for them to get summary judgment.

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 litigation, and insisting that plaintiffs prove specific causation through sufficient scientific evidence from their experts. This ruling gives New York asbestos attorneys a strong argument against claims that claim they are speculative or fraudulent.

In Reid in Reid Abex, the Court of Appeals also gave asbestos defense attorneys a boost in their efforts to require plaintiffs to establish a specific causal link between their asbestos-related illness and the specific substances they were exposed to. In this ruling plaintiffs must prove that their asbestos-related disease was caused by specific friction materials or linings supplied by the defendant, rather than general exposure to asbestos in the workplace.

Causation

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

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

Juni has placed a heavy burden on defendants, and could oblige them to pay less than they are entitled. A mesothelioma attorney in NYC will explain the benefits of filing a suit and the options for financial restitution if you're diagnosed with mesothelioma or other asbestos-related diseases.

New York state was the second most popular jurisdiction for mesothelioma lawsuits in the year 2019 and is responsible for about 6% of the national asbestos litigation. It is estimated that up to 13,000 people have been diagnosed with mesothelioma in the state. Most of the victims were contractors or employees who were exposed to asbestos because it was employed in industrial applications.

The symptoms of mesothelioma don't typically evident until between 25 and 50 years after the initial exposure. Many asbestos victims are fighting to get the compensation they deserve to cover 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, but it is also vital to work with a mesothelioma lawyer who can assist you in obtaining the highest amount of financial compensation. Call a mesothelioma attorney in NYC to set up a no-cost, no-obligation appointment. Your lawyer can help you determine your eligibility for financial restitution from an asbestos trust fund.

Damages

If you're suffering from mesothelioma, or another asbestos lawyer-related illness, a successful lawsuit could compensate your family for your losses. Compensation can cover medical bills, income loss from being unable or take care of your home, pain and suffering, mental anxiety and loss of quality of life, and funeral and burial expenses. An experienced New York asbestos lawyer will examine the parties responsible to collect evidence and support your claim. Your lawyer will then file a civil lawsuit before the statute of limitations expires in your state.

The courts are well-versed in asbestos lawsuits, and have dockets specifically designed to streamline the process. They accelerate trials for plaintiffs with terminal illnesses and group similar cases together. Additionally the judges who handle these cases are aware of the increased risk of asbestos exposure and are trained to ensure that justice is done.

According to a research study conducted recently, New York City is the nation's hub for asbestos lawyers litigation. Asbestos-related victims have claimed billions of dollars in settlements and verdicts. Mesothelioma is a fatal cancer, is caused by asbestos fibers. It is an uncommon, incurable cancer. However lawsuits brought against companies that exposed workers to asbestos fibers have led to compensation for victims.

These lawsuits are designed to punish corporate wrongdoers as well as compensating victims of mesothelioma or other asbestos-related diseases. The lawsuits seek punitive damages, which are given in addition to compensatory damages. The intent of the lawsuits is 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 huge judgments in the past in the belief that their conduct had been so bad that they had to pay damages for punitive harm to deter other people from committing the same offense.

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