New York Asbestos Litigation

New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma is an asbestos-related disease that is serious and has prolonged latency.

Recent NYCAL decisions will have a profound effect on the defense of asbestos suits. These decisions could result in extensive summary judgement motion practice focusing on the defendant's fiber/cc tests and expert reports placing any respirable exposure under an ambient exposure threshold.

Expert Testimony

New York asbestos attorneys rely heavily on the testimony of expert witnesses to prove their clients' claims. Asbestos litigation can be very expensive and expert witness costs make up a significant portion of total case costs. Lawyers for both sides could spend hours prepping to interview an expert, while experts can charge thousands of dollars per day. It is crucial that litigants conduct thorough examine and verify potential experts prior to contacting them. Failure to do so can result in a failed Daubert challenge or losing cases.

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

Asbestos lawsuits are an everyday event in New York, and judges are familiar with the issues that arise. The courts, for instance speed up trials for patients who are terminally ill and consolidate cases when needed to reduce the cost of trial. The courts also periodically review their discovery procedure to ensure that it is effective and up-to-date.

In a landmark case, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements by plaintiffs’ experts did not prove causality. The defendants filed an appeal and the decision is expected to be made soon.

The court's ruling is expected to have an impact on asbestos litigation throughout New York. The mesothelioma lawyers are currently bombarding the daytime TV with ads that urge victims to file asbestos suits, promising huge settlements. The specialized 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 convicted on federal corruption charges that relate to the millions of dollars he earned from directing asbestos cases towards his firm.

New Yorkers must continue to be aware in their workplaces and in their communities regarding asbestos exposure. Asbestos-related lawsuits are on the increase and New York is among the top jurisdictions for mesothelioma cases.

Summary Judgment

A New York asbestos lawyer can assist you in obtaining the compensation you're due.

Asbestos exposure is often the cause of serious illnesses, such as mesothelioma and lung cancer. These diseases are aggressive and have a long time of latency which means that the victims could start suffering from symptoms as recently as 20 or 25 years after their initial exposure. There are ways for workers to safeguard themselves from asbestos exposure and prevent future disease. In recent years, the asbestos litigation landscape has undergone several major changes. The most significant change occurred in 2015 in which the New York political establishment was shaken to the core by the conviction on federal corruption charges of former Assembly Speaker Sheldon Silver. Silver's corruption convictions stemmed from a secretly working for the law firm of Weitz & Luxenberg, which he used to earn millions of dollars in referral fees for the firm.

The courtroom politics on the NYCAL docket have also shaken the new Albany landscape. The long-time head of the NYCAL docket, Justice Sherry Klein Heitler was replaced in 2021 amid reports that she gave the "red-carpet treatment" to asbestos cases filed by Weitz & Luxenberg. In the wake of this shakeup, Justice Peter Moulton has taken the charge of NYCAL. His rulings have put a huge burden on defendants, making it nearly impossible for them to obtain summary judgment.

In Juni, the Court of Appeals gave NYCAL a hefty dose of reality, rejecting the theory of cumulative exposure that was prevalent in the litigation. Instead it demanded plaintiffs prove causation with sufficient scientific expression from their experts. This ruling provides New York asbestos attorneys [postheaven.net] a powerful tool to defend against allegations that claims are speculative or fraudulent.

In Reid v Abex the Court of Appeals supported asbestos defense attorneys in their efforts to compel plaintiffs to prove a causal connection between asbestos-related diseases and the products to which they were exposed. In this ruling plaintiffs must prove that their asbestos lawsuit-related disease was caused by specific friction materials or linings offered by the defendant rather than general exposure to asbestos in the workplace.

Causation

The defendants must demonstrate that asbestos caused the disease. It is generally accepted that exposure to asbestos lawsuit-containing substances is a cause of mesothelioma, among other illnesses, but the law requires plaintiffs to establish specific exposure to products manufactured by particular defendants in order to be successful in their claims.

This is a difficult standard to meet, particularly in NYCAL, where a single judge oversees the entire NYC asbestos litigation. In the 16 years since Parker, New York courts have struggled 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 evidence that he "regularly exposed" himself to asbestos-containing friction products was not sufficient under Nemeth to satisfy a specific causality.

Juni has placed a significant burden on defendants in NYCAL and may oblige them to settle their claims at a lower amount than they are entitled to. A mesothelioma lawyer in 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 jurisdiction for mesothelioma suits in 2019. It handled 6percent of all asbestos litigation across the country. It is estimated that around 13,000 people have been diagnosed with mesothelioma in the state. The majority of the victims have been workers or contractors who were exposed to asbestos as it was being used in industrial applications.

The signs of mesothelioma aren't usually evident until between 25 and 50 years after exposure. Many asbestos victims are now fighting for the compensation they need to cover medical expenses and lost wages, as well as loss of companionship and other losses.

While it is important to make a mesothelioma claim promptly however, it is equally important to work with an experienced mesothelioma lawyer who can help you pursue the maximum amount of financial compensation that you can. Contact a mesothelioma lawyer from NYC today to schedule your free no-obligation consultation. Your attorney will be able to discuss your eligibility for financial compensation from an asbestos trust fund.

Damages

If you're suffering from mesothelioma or any other asbestos-related disease, a successful lawsuit may provide your family with compensation for their losses. Compensation could pay for medical bills, income loss due to being unable to work or take care of your home, pain and suffering, mental anxiety and loss of quality of life and funeral and burial costs. A seasoned New York mesothelioma attorney will examine the parties responsible and gather evidence to back your claims. Your lawyer can then file a civil lawsuit before the statute of limitations runs out in your state.

The courts are familiar with asbestos lawsuits and have specialized dockets to help simplify the process. They speed up trials for terminally ill plaintiffs, and group similar cases. The judges handling these cases have been instructed to ensure justice and are aware of the increasing dangers associated with asbestos.

According to a recent study, New York City is the national center for asbestos litigation. Asbestos victims received billions in settlements and verdicts. Mesothelioma is a cancer that can be fatal that is caused by exposure to hazardous asbestos fibers. It is a rare, incurable disease, however lawsuits filed against companies that exposed workers to asbestos cancer-causing chemical have led to compensation for victims for their suffering.

These lawsuits are designed to penalize corporate wrongdoers as in compensating mesothelioma victims or other asbestos-related illnesses. These lawsuits seek punitive damage awards that are in addition to compensatory damages. They are designed to deter the defendant's conduct in the future and discourage others from taking part in the same course of action.

However the NYCAL decision provides defendants with an opportunity to win their fight to avoid punitive damages awards. In the past, they faced the prospect of massive judgments in these cases, according to the prevalent view that their conduct was so indefensible that they had to pay punitive damages in order to discourage others from following suit.

With the ruling in favor of plaintiffs, it is likely that many of the businesses that were named as defendants will be reprimanded. This is because even if they're dismissed, they'll have to spend money on legal fees to defend a case that they didn't deserve to be involved in.