New York Asbestos Litigation

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

Recent NYCAL decisions will have a profound impact on the defense of asbestos lawyers lawsuits. These decisions will likely result in extensive summary judgment motion practice focused on the defendant's fiber/cc tests and expert reports placing any respirable exposure below the threshold of exposure to ambient air.

Expert Testimony

New York asbestos attorneys rely heavily on the testimony of expert witnesses to prove their clients' claims. Expert witness fees can account for significant proportion of total costs involved in asbestos litigation. Both sides could spend hundreds of hours preparing to confront an expert. Experts can charge thousands of dollars per day. It is therefore important that litigants conduct thorough examine and verify potential experts prior to contacting them. Failure to do so can result in a failed Daubert contest and a loss of cases.

New York has a rich industrial history, and many workers have been exposed to asbestos, which is toxic. Many of these workers have been diagnosed with asbestos-related illnesses, including mesothelioma as well as lung cancer. Anyone who has suffered from these ailments are entitled to compensation from companies who exposed them to asbestos.

Asbestos lawsuits are a regular occurrence in New York, and judges are well-versed in the issues involved. For example, the courts speed up trials for patients, and often consolidate cases to reduce costs for trial. The courts also regularly examine their discovery procedures to ensure that they are efficient and up-to date.

In a landmark case, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements made by plaintiffs' experts did not prove the causality. The case was appealed by the defendants, and a decision is expected in the near future.

The court's ruling is expected to have an impact on asbestos litigation across New York. Mesothelioma lawyers have been bombarding daytime television with commercials which urge victims to file asbestos lawsuits, promising huge settlements. The niche litigation has proven particularly lucrative for plaintiffs' lawyers 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.

New Yorkers should be aware in their workplaces and in their communities regarding asbestos exposure. Asbestos-related lawsuits are increasing and New York is among the the top jurisdictions for mesothelioma cases.

Summary Judgment

A New York asbestos attorney can help you receive the compensation that you deserve.

asbestos lawyers exposure often leads to serious illnesses, such as mesothelioma and cancer of the lung. These diseases are extremely serious and have a long period of latency. This means that the victims may not have started developing symptoms until 20 or 25 years following their first exposure. There are steps that workers can take to avoid asbestos exposure and a subsequent illnesses. In recent years the asbestos litigation scene has seen significant changes. The most significant change occurred in 2015, when New York's political establishment was shaken to the core following the conviction on federal corruption charges brought against former Assembly Speaker Sheldon Silver. Silver's convictions for corruption stemmed from his secret work at the law firm Weitz & Luxenberg. He utilized this to earn millions of referral fees.

The courtroom politics on the NYCAL docket have also impacted the new Albany landscape. The long-time supervisor of the NYCAL docket, Justice Sherry Klein Heitler was replaced in 2021 following reports that she had given the "red-carpet treatment" to asbestos cases filed by Weitz & Luxenberg. Following this reshuffle, Justice Peter Moulton has taken the reigns of NYCAL. His decisions have made it more difficult for defendants to get summary judgement.

In Juni, the Court of Appeals dealt NYCAL with a savage dose of truth, rejecting the cumulative exposure theory that was becoming popular in the litigation and calling for plaintiffs to establish specific causation through sufficient scientific expression by their experts. This decision gives New York asbestos attorneys a powerful tool to defend against claims that claim they are false or speculative.

In Reid in Reid Abex the Court of Appeals supported asbestos defense lawyers in their efforts to require plaintiffs to prove a causal link between asbestos-related diseases and the products to which they were exposed. In this decision plaintiffs are required to prove that their asbestos-related disease was caused by specific friction materials or linings offered by the defendant, not general workplace exposure to asbestos.

Causation

The defendants will need to prove that asbestos contributed to the disease. It is generally accepted that exposure to asbestos lawsuit-containing materials is a cause of mesothelioma and other diseases, but the law requires plaintiffs to establish specific exposure to products manufactured by specific defendants in order to prevail on their claims.

This is a difficult standard to achieve, particularly in NYCAL where a single judge manages the entire NYC asbestos litigation. In the 16 years that have passed since Parker, New York courts have struggled to apply the principles of the case. In 2016, for example, the First Department in Matter of NYC Asbestos Litigation (Juni) ruled that a plaintiff's expert testimony that he "regularly exposed" himself to friction products containing asbestos lawsuit was not sufficient under Nemeth to establish a specific causality.

Juni has placed a significant burden on defendants in NYCAL and could oblige them to settle their claims at a lower amount than they are entitled to. A mesothelioma lawyer from NYC can explain the advantages of filing a lawsuit and your options for financial compensation if have been diagnosed with mesothelioma.

New York State was the second most popular state for mesothelioma suits in the year 2019. It handled about 6% of the asbestos litigation across the country. Around 13,000 people are estimated to have been diagnosed with the disease in New York. The majority of those affected have been workers or contractors who were exposed to asbestos because it was being used in industrial processes.

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

While it is important to start a mesothelioma lawsuit promptly, it is also crucial to partner with a seasoned mesothelioma lawyer who can help you obtain the maximum financial restitution possible. Contact a mesothelioma lawyer in NYC to set up a free appointment, no-obligation. Your attorney can help you determine if you are qualified to receive financial compensation from an asbestos trust.

Damages

If you suffer from mesothelioma, or another asbestos-related disease A successful lawsuit can provide your family with compensation for their losses. Compensation could pay for medical expenses, lost income from being unable or take care of your home as well as pain and suffering, mental anguish, loss of quality of life and funeral and burial costs. A seasoned New York mesothelioma attorney will examine the parties responsible and collect evidence to support your claims. Your lawyer can then start a civil lawsuit before the statute of limitations runs out in your state.

The courts have dockets specialized for asbestos cases in order to speed up the process. They expedite trials for terminally-ill plaintiffs, and also group similar cases. Additionally the judges who decide these cases are aware of the heightened risks associated with asbestos exposure and are trained to ensure that justice is served.

According to a study conducted recently, New York City is the main hub in the country for asbestos litigation. Asbestos-related victims received billions of dollars in settlements and verdicts. Mesothelioma is a fatal cancer caused by exposure to dangerous asbestos fibers. It is a rare and fatal disease, however lawsuits filed against companies that exposed workers to the cancer-causing substance have helped compensate victims for their suffering.

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. They are intended to deter the defendant's conduct in the future, and discourage others from participating in a similar action.

The NYCAL decision gives defendants hope that they can stay clear of punitive damages. They were in danger of huge judgments in the past, on the basis that their conduct had been so egregious, that they had to pay damages for punitive harm to discourage others from following their example.

Now, with the ruling in favor of plaintiffs, companies that are named as defendants in NYCAL cases can expect to be dismissed in a significant portion of their cases. Even if they were to be dismissed, they would still have to pay legal fees to defend a case that they didn't have a right to be in.