New York Asbestos Litigation

New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma is an asbestos-related serious illness that has long latency periods.

Recent NYCAL decisions will have a profound impact on the defense of asbestos lawsuits. These decisions will likely result in extensive summary judgment motion practice focused on the defendant's fiber/cc test as well as expert reports that place any respirable exposure under an ambient exposure threshold.

Expert Testimony

New York asbestos attorneys rely heavily on the testimony of expert witnesses to support their client's claims. Asbestos litigation can be very expensive, and expert witness fees account for a significant percentage of the total cost. Lawyers on both sides could spend a lot of time in preparation to confront an expert, while experts can charge thousands of dollars per day. For this reason, it is important for litigants to examine and verify potential experts in advance. In the absence of doing so, it could 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 developed asbestos-related illnesses, including mesothelioma as well as lung cancer. These workers can seek compensation from the businesses who exposed them to asbestos.

Asbestos suits are quite common in New York and the judges are knowledgeable about the issue. For example, the courts speed up trials for terminally ill plaintiffs, and they often consolidate cases to reduce trial expenses. The courts also examine their discovery procedures to ensure that they are effective 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 causation. The defendants appealed the decision and the decision is expected to be made soon.

The court's decision is likely to have a significant impact on asbestos litigation in New York. Currently, specialized mesothelioma law firms saturate the daytime with commercials urging victims to make asbestos lawsuits and promise massive 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 found guilty of federal corruption charges that relate to the millions of dollars he earned 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 are increasing and New York is among the top jurisdictions in mesothelioma verdicts.

Summary Judgment

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

Asbestos exposure is often the cause of serious diseases, such as mesothelioma and cancer of the lung. These illnesses are extremely serious and have a long latency period which means that patients may start feeling symptoms as recent as 20 or 25 years after their first exposure. There are steps that workers can take to safeguard themselves from asbestos exposure and avoid a recurrence of illnesses. In recent years, the asbestos litigation landscape has seen major changes. The most significant change occurred in 2015 when the 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 were a result of his covert work at the law firm Weitz & Luxenberg. He made millions in referral fees.

The courtroom politics on the NYCAL docket have also shaken the new Albany landscape. Justice Sherry Klein Heitler was removed as the long-time manager of NYCAL docket in 2021 amid reports that she had provided the "red carpet treatment" to asbestos-related claims filed by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the following shake-up. His rulings have placed a heavy burden on defendants, making it nearly impossible for them to get summary judgment.

In Juni the year 2003, the Court of Appeals gave NYCAL a hard dose of reality by rejecting the cumulative exposure theory that was prevalent in the litigation. Instead it demanded that plaintiffs establish specific causation using sufficient scientific proof from their experts. This ruling provides New York asbestos attorneys a powerful tool to defend against claims that claim to be speculative or fraudulent.

In Reid in Reid Abex the Court of Appeals supported asbestos defense lawyers in their efforts to force plaintiffs to prove a causal connection between asbestos-related diseases and the products to which they were exposed. The decision imposes plaintiffs with the obligation to establish that their disease was caused by specific friction materials and linings which were supplied by the defendant, and not general exposure to asbestos lawsuit 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 trigger mesothelioma and other illnesses. However the law requires that plaintiffs prove specific exposure to products manufactured by certain defendants in order to be successful.

This is a difficult standard to achieve, particularly in NYCAL, where a single judge oversees 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, the First Department in Matter of NYC Asbestos Litigation, (Juni) decided the testimony of an expert that a plaintiff "regularly" exposed himself to products for friction that contained asbestos was not sufficient to establish the requirement of specific causality under Nemeth.

Juni has placed a heavy burden on defendants, and could oblige them to to settle their claims for a lower amount than they are entitled. 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 jurisdiction for mesothelioma suits in the year 2019. It handled about 6% of the national asbestos litigation. It is estimated that as many as 13,000 patients have been diagnosed with mesothelioma in the state. The majority of victims were contractors or employees exposed to asbestos in industrial settings.

The symptoms of mesothelioma don't typically evident until 25 to 50 years after the initial exposure. Many asbestos victims are fighting for the compensation they deserve to cover medical expenses, lost wages and companionship loss, in addition to damages.

It is important to file your mesothelioma lawsuit in a timely fashion, but it is also essential to work with mesothelioma lawyers who can assist you in obtaining the maximum financial restitution. Contact a mesothelioma lawyer in NYC to set up a no-cost, no-obligation appointment. Your lawyer can help you determine if you're eligible to receive financial compensation from an asbestos trust.

Damages

If you have mesothelioma, or another asbestos-related disease A successful lawsuit could help your family recover losses. Compensation could cover medical expenses and lost wages resulting from inability to work, home care expenses, mental stress and pain, loss of quality, funeral and burial costs, and other expenses. A seasoned New York asbestos lawyer will examine the parties responsible to gather evidence and prove your claim. After that, your lawyer can start a civil lawsuit in court before your state's statute of limitations expires.

The courts are well-versed in asbestos lawsuits, and have dockets specifically designed to simplify the process. They accelerate trials for plaintiffs with terminal illnesses and group similar cases together. Judges who handle these cases have been instructed to ensure justice and are aware of the increased risks associated with asbestos.

According to a study conducted recently, New York City is the national center for asbestos litigation. Asbestos victims have received billions of dollars in settlements and verdicts. Mesothelioma is a cancer that can be fatal caused by exposure to dangerous asbestos lawyers fibers. It is a rare, incurable type of cancer. However lawsuits filed against companies that exposed workers to asbestos fibers have resulted in compensation for victims.

In addition to remunerating the victims of mesothelioma as well as other asbestos-related diseases the lawsuits aim at punishing corporate wrongdoers. The lawsuits seek punitive damages which are awarded in addition to compensatory damages. They are designed to deter the defendant's actions in the future and deter others from taking part in a similar action.

The NYCAL decision gives defendants hope that they will stay clear of punitive damages. They were in danger of massive judgments in the past, in the belief that their conduct had been so indecent that they should pay punitive damages to deter other people from following their example.

With the ruling in favor of plaintiffs, it is likely that many of the companies that were named as defendants will be reprimanded. This is because even if they get dismissed, they'll be required to pay legal costs to defend a case they didn't deserve to be involved in.