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 long latency times.

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

Expert Testimony

New York asbestos attorneys rely heavily on the testimony of experts to support their client's claims. Asbestos litigation is expensive, and expert witness fees represent a significant proportion of the total costs. Both sides can devote hundreds of hours preparing to confront an expert. Experts can charge thousands of dollars per day. For this reason, it is essential for litigants to examine and verify potential experts in advance. Failure to do this could result in a sham Daubert contest and a loss of cases.

New York has had a long history of industrial activity. Many workers were exposed to asbestos. Many of these workers have developed asbestos-related diseases, including mesothelioma or lung cancer. Anyone who has suffered from these conditions can seek compensation from the companies that exposed them to asbestos.

Asbestos suits are common in New York and the judges are knowledgeable about the issue. The courts, for example speed up trials in cases of seriously ill plaintiffs and combine cases when necessary to reduce the cost of trial. The courts also review their discovery procedure to ensure that they are effective and up-to date.

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

The court's decision is expected to impact asbestos litigation in New York. There are currently mesothelioma-specific law firms fill the air with advertisements urging people to file asbestos lawsuits, promising massive settlements. The niche litigation was particularly lucrative for asbestos litigation plaintiffs' attorneys who repaid millions of referral fees to Sheldon Silver. Silver was recently found guilty of federal corruption charges related to the millions he earned by directing asbestos cases to their 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 are on increasing and the state is one of 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 illnesses, such as mesothelioma and cancer of the lung. These diseases are aggressive and have a long time of latency, meaning that victims may only have begun experiencing symptoms as recently as 20 or 25 years after the initial exposure. There are steps workers can take to avoid asbestos exposure and a subsequent disease. In recent years the asbestos litigation landscape has seen a number of significant changes. The most significant development came in 2015 in which the New York political establishment was shaken to its core following the conviction on federal corruption charges brought against former Assembly Speaker Sheldon Silver. Silver's convictions for corruption were a result of his covert employment at the law firm Weitz & Luxenberg. He made millions in referral fees.

The new Albany landscape has also been shattered 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 amid reports that she had given the "red carpet treatment" to asbestos claims filed by Weitz & Luxenberg. Following this reshuffle, Justice Peter Moulton has taken the reigns of NYCAL. 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 truth, rejecting the cumulative exposure theory that was popular in the court case and insisting that plaintiffs prove specific causation through sufficient scientific evidence from their experts. This decision gives New York asbestos attorneys a powerful tool to defend against allegations that claims are fraud or speculative.

In Reid In Reid Abex the Court of Appeals supported asbestos defense lawyers in their efforts to force plaintiffs to prove a causal link between asbestos-related diseases and Asbestos Litigation products to which they were exposed. This decision places plaintiffs with the obligation to prove that their illness 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 biggest challenge for asbestos defendants is the need to prove that there is a causal link. It is generally accepted that a person's exposure to asbestos-containing materials is a cause of mesothelioma and various other diseases, however, the law requires plaintiffs to prove specific exposure to products manufactured by specific defendants in order to prevail on their claims.

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

Juni has imposed a substantial burden on defendants in NYCAL and could force them to settle their claims for less than what they are entitled to. A mesothelioma attorney in NYC can explain the advantages of filing suit and your options to receive financial compensation if you have been diagnosed with mesothelioma.

New York state was the second most popular jurisdiction for mesothelioma-related lawsuits in 2019 and is responsible for 6% of national asbestos litigation. It is estimated that up to 13,000 patients have been diagnosed with mesothelioma within the state. Most of the victims were contractors or employees who were exposed to asbestos as it was used in industrial processes.

The symptoms of mesothelioma usually do not appear until 25 to 50 years after the initial exposure. Many asbestos victims are fighting to receive the compensation they need to cover medical expenses, lost wages and companionship loss, among other damages.

While it is crucial to file a mesothelioma lawsuit promptly however, it is equally important to consult with a knowledgeable mesothelioma lawyer who will assist you in obtaining the highest amount of financial compensation that you can. Contact a mesothelioma attorney in NYC today to set up a 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 another asbestos-related illness, a successful lawsuit could provide your family with compensation for their losses. Compensation could pay for medical bills, lost income from being unable and home care expenses, pain and suffering, mental anguish, loss of quality of life, as well as funeral and burial costs. A seasoned New York mesothelioma attorney will look into the parties at fault and gather evidence to back your claims. After that, your lawyer can file a lawsuit in civil court before your state's time limit expires.

The courts have dockets that are specially designed for asbestos cases to streamline the process. They expedite trials for terminally-ill plaintiffs and group similar cases. The judges who are handling these cases have been trained to ensure justice and are aware of the higher risks associated with asbestos.

According to a study that was conducted recently, New York City is the national hub 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 an uncommon, incurable cancer. However lawsuits filed against companies who exposed workers to asbestos fibers have led to compensation for victims.

In addition to compensating the victims of mesothelioma as well as other asbestos-related illnesses, these lawsuits are aimed at punishing corporate wrongdoers. The lawsuits seek punitive damages which are given in addition to compensatory damages. They are intended to discourage the defendant's behavior in the future, and discourage others from taking part in a similar course of action.

The NYCAL decision gives defendants hope that they will avoid punitive damage awards. They were in danger of large judgments in the past, in the belief that their conduct was so egregious, that they would have to pay damages for punitive harm to discourage others from following their example.

With the decision in favor of plaintiffs, firms 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 but they'd still have to pay legal fees to defend a case that they did not deserve to be in.