New York Asbestos Litigation

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

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

Expert Testimony

New York asbestos attorneys, Continued, rely heavily on the testimony of experts to prove their clients' claims. Expert witness fees can make up a significant proportion of total cost of asbestos litigation. Both sides can spend hundreds hours preparing to question an expert. Experts can charge thousands of dollars per day. For this reason, it is essential for litigants to thoroughly research and vet potential experts prior to their appointment. Failure to do this can result in a failure of the Daubert Challenge or losing cases.

New York has a rich industrial past, and many workers have been exposed to asbestos, which is toxic. Many of these workers have developed asbestos-related illnesses, such as mesothelioma and cancer of the lung. Those who have suffered from these conditions can recover compensation from the companies that exposed them to asbestos lawsuit.

Asbestos lawsuits are a common occurrence in New York, and judges are familiar with the issues that arise. For example, the courts speed up trials for sick plaintiffs, and they often consolidate cases to lower costs for trial. The courts also regularly examine their discovery procedures to ensure that it is effective and up-to date.

In one case of note, Brown v. Weitz & Luxenberg, the First Department held that conclusory statements on exposure cumulatively made by the plaintiffs' experts were insufficient to establish the causation in asbestos cases. The defendants filed an appeal and a decision is expected in the near future.

The court's decision is likely to have an impact on asbestos litigation throughout New York. The mesothelioma lawyers are currently bombarding television during the day with ads which encourage asbestos victims to file suits, promising huge 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 related to the millions of dollars he made by directing asbestos cases to his firm.

In addition to these legal developments, New Yorkers need to remain aware of the possibility of asbestos exposure at work and in their communities. Asbestos lawsuits have been increasing and New York is one of most prominent jurisdictions for mesothelioma verdicts.

Summary Judgment

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

Asbestos exposure can lead to serious illnesses like mesothelioma and lung cancer. These illnesses are extremely serious and have a long latency period which means that the victims could be experiencing symptoms as recently as 20 or 25 years after their first exposure. There are ways for workers to protect themselves against asbestos exposure and avoid a recurrence of disease. In recent years the asbestos litigation landscape has undergone several significant changes. The most significant change came in 2015 in which the New York political establishment was shaken to the core following the conviction on federal corruption charges of former Assembly Speaker Sheldon Silver. Silver's convictions for corruption stemmed from his secretly working for the law firm of Weitz & Luxenberg, which was where he earned millions of dollars in referral fees for the firm.

The courtroom politics on the NYCAL docket have also shaken the new Albany landscape. Justice Sherry Klein Heitler was replaced as the longtime manager of NYCAL docket in 2021 following reports that she'd given the "red carpet treatment" to asbestos claims filed by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the following shake-up. His decisions have made it more difficult for defendants to obtain summary judgement.

In Juni the year 2003, 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 requiring plaintiffs to prove specific causation through 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 v. Abex, the Court of Appeals also gave asbestos defense attorneys a boost in their efforts to require plaintiffs to prove a specific causal link between their asbestos-related disease and the particular products that they were exposed to. In this case, plaintiffs are required to demonstrate that their asbestos-related condition was caused by specific friction materials or linings provided by the defendant rather than general exposure to asbestos lawyer in the workplace.

Causation

The defendants will have to prove that asbestos caused the disease. The consensus is that exposure to asbestos-containing substances can cause mesothelioma or other diseases. However the law requires that plaintiffs prove specific exposure to products produced by certain defendants in order for their claims to be considered valid.

This is a tough standard to achieve, particularly in NYCAL where a single judge oversees the entire NYC asbestos litigation. In the 16 years since the decision of Parker, New York courts have been unable to apply the principles of that case. In 2016, for example, the First Department in Matter of NYC Asbestos Litigation (Juni) decided that a plaintiff's expert declaration that he "regularly exposed" himself to friction products containing asbestos was not sufficient under Nemeth to satisfy a specific causation.

Juni has imposed a substantial burden on defendants in NYCAL and may oblige them to settle their claims for less than they are entitled to. An attorney for mesothelioma in NYC can explain the benefits of filing a suit and the options for financial restitution if you are diagnosed with mesothelioma, or other asbestos-related diseases.

New York State was the second most popular mesothelioma-related jurisdiction suits in 2019. It handled about 6% of the asbestos litigation in the nation. It is estimated that as many as 13,000 patients have been diagnosed with mesothelioma in the state. Most of the victims were contractors or employees exposed to asbestos in industrial applications.

The signs of mesothelioma generally are not evident until the age of 25 to 50 after the initial exposure. Many asbestos victims are now fighting for the compensation they need to pay for medical expenses as well as lost wages, loss of companionship and other losses.

It is important to file your mesothelioma lawsuit promptly however, it is essential to work with an attorney for mesothelioma who can assist you in seeking the maximum financial restitution. Contact a mesothelioma attorney from NYC to set up a no-cost appointment that is no-obligation. Your lawyer can assist you determine if you're qualified to receive financial compensation from an asbestos trust.

Damages

If you have mesothelioma, or a similar asbestos-related condition, a successful lawsuit can compensate your family's losses. Compensation could cover medical expenses and lost wages resulting from inability to work, home-care expenses, mental stress and suffering loss of quality, funeral and burial costs, and other costs. A seasoned New York asbestos lawyer will examine the parties responsible to collect evidence and support your claim. Your lawyer will then start a civil lawsuit before the statute of limitations expires in your state.

The courts have specialized dockets for asbestos cases to streamline the process. They speed up trials for plaintiffs with terminal illnesses and group similar cases together. Additionally the judges who handle these cases are aware of the higher dangers associated with asbestos lawsuit exposure and are trained to ensure that justice is done.

According to a recent study, New York City is the nation's hub for asbestos litigation. Asbestos victims have received billions of dollars in settlements and verdicts. Mesothelioma is a fatal cancer is caused by asbestos fibers. It is a rare, incurable cancer. However, lawsuits filed against companies who exposed workers to asbestos fibers have helped compensate victims.

In addition to remunerating the victims of mesothelioma and other asbestos-related diseases the lawsuits aim at punishing corporate wrongdoers. The lawsuits seek punitive damages, which are given in addition to compensatory damages. The intent of the lawsuits is to discourage the defendant from engaging in similar behavior in the future.

The NYCAL decision gives defendants hope that they will stay clear of punitive damages. They were in danger of huge judgments in the past in the belief that their conduct was so egregious, that they had to pay punitive damages to discourage others from committing the same offense.

With the decision in favor of plaintiffs, businesses named as defendants in NYCAL cases could be dismissed in a large portion of their cases. Even if they were dismissed, they would still have to pay legal fees to defend a case they did not deserve to be in.