New York Asbestos Litigation

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

Recent NYCAL decisions are expected to have a major impact on the defense of asbestos lawsuits. These decisions are likely to result in a large number of summary judgment motions based on the asbestos defendant's tests for fiber/cc as well as expert reports that place any respirable exposure under an exposure threshold in the ambient.

Expert Testimony

New York asbestos attorneys rely heavily on the testimony of expert witnesses to support their client's claims. Expert witness fees can account for a large percentage of the total costs in asbestos litigation. Lawyers for both sides could spend hundreds of hours prepping to interview an expert, and experts can charge thousands of dollars per day. Therefore, it is crucial for litigants to thoroughly research and vet potential experts prior to hiring them. Failure to do this can result in a failed Daubert Challenge or losing cases.

New York has had a long history of industrialization. Many workers were exposed to asbestos. Many of these workers have been diagnosed with asbestos-related diseases, such as mesothelioma and lung cancer. People who have been affected by these diseases can seek compensation from the companies that exposed them to asbestos.

Asbestos lawsuits are an everyday event in New York, and judges are aware of the issues that arise. The courts, for instance speed up trials in cases of seriously ill plaintiffs and combine cases when necessary to reduce the cost of trial. In addition, courts regularly review their discovery procedures to ensure they are up-to-date and efficient.

In a notable case, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements of plaintiffs' experts did not prove causation. 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 lawsuit litigation throughout New York. There are currently mesothelioma-specific law firms fill the air with commercials urging victims to make asbestos lawyers lawsuits and promise giant settlements. The niche litigation was particularly lucrative for plaintiffs’ attorneys who repaid millions of referral fees to Sheldon Silver. Silver was recently found guilty of federal corruption charges relating to the millions he made by sending asbestos cases to their firm.

In addition to these legal developments, New Yorkers must remain alert to asbestos exposure in their work environments and communities. Asbestos lawsuits are on increase and New York is among the most sought-after jurisdictions for mesothelioma verdicts.

Summary Judgment

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

Asbestos exposure is often the cause of serious diseases, including mesothelioma and cancer of the lung. These diseases are extremely serious, and they have a long time to develop. This means that victims may not have started suffering from symptoms until 20 or 25 years following their initial exposure. Fortunately, there are ways for workers to protect themselves against asbestos exposure and avoid a recurrence of illnesses. In recent years, the asbestos litigation landscape has seen a number of major changes. The most significant change came in 2015 when the political establishment was shaken to the foundation following the conviction on federal corruption charges against the former Assembly Speaker Sheldon Silver. Silver's convictions for corruption stemmed from his secret employment at the law firm Weitz & Luxenberg. He used this to earn millions of referral fees.

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 the NYCAL docket in 2021 amid reports that she had provided the "red carpet treatment" to asbestos claims brought by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the aftermath of the shake-up. His decisions have made it difficult for defendants to get the benefit of a summary judgement.

In Juni the year 2003, the Court of Appeals dealt NYCAL with a brutal dose of reality, rejecting the cumulative exposure theory that was popular in the litigation and requiring plaintiffs to prove specific causation by proving it through scientific evidence from their experts. This ruling provides New York asbestos attorneys a powerful weapon to defend against claims that claim to be false or speculative.

In Reid in Reid Abex, the Court of Appeals also gave asbestos defense attorneys a boost in their efforts to require plaintiffs to establish that there is a causal link between their asbestos-related condition and the specific products they were exposed to. The decision imposes on plaintiffs the obligation to establish that their disease was caused by the specific friction materials and linings that were provided by the defendant, rather than general exposure to asbestos in the workplace.

Causation

The defendants will need to demonstrate that asbestos caused the disease. The general consensus is that exposure to asbestos-containing materials can cause mesothelioma or other diseases. However the law requires plaintiffs to prove specific exposure to products made by certain defendants to be successful.

This is a difficult standard to meet, especially in NYCAL where a single judge oversees the entire NYC asbestos litigation. In the 16 years that have passed since Parker, New York courts struggle to apply the principles from the case. In 2016 the First Department in Matter of NYC Asbestos Litigation, (Juni) ruling that an expert's testimony that plaintiff "regularly" exposed himself to friction products that contained asbestos was not sufficient to prove the requirement of specific causality under Nemeth.

Juni has placed a huge burden on defendants, and could force them settle their claims at a lower amount than they are entitled. A mesothelioma lawyer in NYC can explain the advantages of filing suit and your options for financial compensation if you have been diagnosed with mesothelioma.

New York State was the second-most popular jurisdiction for mesothelioma suits in 2019. It was the sole handler of about 6% of the asbestos litigation across the country. It is estimated that around 13,000 patients have been diagnosed with mesothelioma in the state. The majority of those affected have been workers or contractors who were exposed to asbestos as it was used in industrial applications.

The symptoms of mesothelioma don't typically evident until 25 to 50 years after the initial exposure. Many asbestos victims are now battling to obtain the compensation they need to pay for medical expenses and lost wages, as well as loss of companionship, and other damages.

While it is crucial to make a mesothelioma claim in a timely manner 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 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're suffering from mesothelioma or another asbestos-related disease A successful lawsuit can pay your family members for their losses. Compensation could cover medical expenses as well as lost wages due to inability to work, home-care expenses, mental anguish and pain, loss of quality funeral and burial costs, as well as other costs. An experienced New York mesothelioma attorney will look into the parties at fault and collect evidence to support your claims. After this, your lawyer may start a civil lawsuit in court before the time limit expires.

The courts are familiar with asbestos lawsuits, and they have dockets that are specifically designed to streamline the process. They speed up trials for plaintiffs who are terminally ill and group similar cases together. The judges handling these cases have been trained to ensure justice and are aware of the increasing risk of asbestos exposure.

According to a study conducted recently, New York City is the nation's hub for asbestos litigation. Asbestos victims received billions in settlements and verdicts. Mesothelioma is a fatal cancer caused by exposure to dangerous asbestos fibers. It is a rare, incurable cancer. However lawsuits brought against companies that exposed workers to asbestos fibers have resulted in compensation for victims.

These lawsuits aim to punish corporate wrongdoers as as compensating victims of mesothelioma or other asbestos-related illnesses. The lawsuits seek punitive damages, which are given in addition to compensatory damages. The lawsuits are meant to discourage the defendant from repeating the same conduct in the future.

The NYCAL decision gives defendants hope that they can avoid punitive damage awards. Prior to this, they faced the prospect of massive judgments in these cases with the prevailing theory that their conduct was so egregious that they must pay punitive damages to deter others from committing the same crime.

Now, with the ruling in favor of plaintiffs, firms named as defendants in NYCAL cases are likely to be dismissed in a significant percentage of their cases. This is because even if they're dismissed, they'll have to spend money on legal costs to defend a case they did not deserve to be involved in.