New York Asbestos Litigation

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

Recent NYCAL decisions are likely to have a profound impact on the defense of asbestos lawsuits. These decisions are likely to result in a number of summary judgment motions based upon the defendant's fiber/cc tests and expert reports that put any exposure that is deemed to be respirable under an exposure threshold for ambient conditions.

Expert Testimony

New York asbestos lawyers rely heavily on expert witness testimony to support their clients claim. Asbestos litigation can be very expensive and expert witness costs account for a significant percentage of total case costs. Both sides can devote hundreds of hours preparing to question an expert. Experts can charge thousands of dollars per day. For this reason, it is crucial for litigants to carefully study and evaluate potential experts prior to hiring them. If they don't, it could result in a shaky Daubert Challenge and losing 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 illnesses, like mesothelioma, lung cancer, and so on. They can seek compensation from the companies who exposed them to asbestos.

asbestos attorney lawsuits are a regular event in New York, and judges are aware of the issues involved. The courts, for instance speed up trials for seriously ill plaintiffs and combine cases when necessary to cut down on the cost of trial. In addition the courts are regularly reviewing their discovery procedures to ensure they are up-to-date and effective.

In a case that is notable, Brown v. Weitz & Luxenberg in which the First Department held that conclusory statements on exposure cumulatively made by plaintiffs experts were not sufficient to establish the causation in asbestos cases. The case was re-argued by the defendants, and a decision is expected soon.

The court's decision is likely to have a major impact on asbestos litigation in New York. At present, mesothelioma lawyer firms fill the air with commercials urging victims to file asbestos lawsuits, promising massive settlements. The niche litigation has been particularly lucrative for plaintiffs' attorneys 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 made from directing asbestos cases to his firm.

In addition to these legal developments, New Yorkers need to continue to be vigilant about possible asbestos exposure in their work environments and communities. Asbestos lawsuits are on the increase, and the state is one of the top jurisdictions for mesothelioma cases.

Summary Judgment

A New York asbestos lawyer can assist you in obtaining the settlement you're entitled to.

Asbestos exposure can lead to serious illnesses like mesothelioma or lung cancer. These diseases are aggressive and have a long period of latency. This means that victims might not be suffering from symptoms until 20 or 25 years following their initial exposure. There are ways for workers to safeguard themselves from asbestos exposure and prevent future disease. Several major changes have occurred in the asbestos litigation environment in recent years. In 2015 the political establishment in New York was shook to its core by the conviction of Sheldon Silver on federal corruption charges. Silver's convictions for corruption stemmed from his secret work at the law firm Weitz & Luxenberg. He utilized this to earn 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 given 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 obtain summary judgment.

In Juni, the Court of Appeals dealt NYCAL a harsh dose of truth, rejecting the cumulative-exposure theory that was popular in the litigation, and requiring plaintiffs to prove specific causation by proving it through scientific expression by their experts. This ruling gives New York asbestos attorney defense attorneys the ability to defend against allegations of fraudulent and speculative claims.

In Reid v. Abex, the Court of Appeals also gave asbestos defense attorneys a boost in their efforts to require plaintiffs to establish a specific causal link between their asbestos-related condition and the specific products they were exposed to. In this ruling plaintiffs must prove that their asbestos-related illness was caused by specific friction materials or linings offered by the defendant, rather than general workplace exposure to asbestos.

Causation

The most difficult challenge facing asbestos defendants is the need to prove that there is a causal link. The general consensus is that exposure to asbestos-containing substances can cause mesothelioma or other illnesses. However the law requires that plaintiffs demonstrate specific exposure to the products made by certain defendants to be successful.

This is a tough standard to meet, particularly in NYCAL where only one judge oversees all NYC asbestos litigation. In the 16 years since the decision of Parker, New York courts have struggled to apply the principles of this case. In 2016, the First Department in Matter of NYC Asbestos Litigation, (Juni), ruled the testimony of an expert that a plaintiff "regularly" exposed himself to friction products that contained asbestos was not enough to prove the requirement of specific causality under Nemeth.

Juni has placed a significant burden on defendants and may make them pay an amount lower than they are entitled. A mesothelioma attorney in NYC can explain the advantages of filing a lawsuit and the options for restitution financial if you are diagnosed with mesothelioma or other asbestos-related diseases.

New York state was the second most popular state for mesothelioma-related lawsuits in 2019, and it handles about 6% of the national asbestos litigation. Up to 13,000 people have been diagnosed with the disease in New York. The majority of patients were workers or contractors exposed to asbestos in industrial applications.

The signs of mesothelioma generally are not evident until the age of 25 to 50 after the initial exposure. Many asbestos sufferers are battling to obtain the compensation they need to cover medical expenses and lost wages, as well as loss of companionship and other losses.

It is important to file your mesothelioma lawsuit in a timely manner however, it is essential to work with mesothelioma lawyers who can assist you in obtaining the most monetary restitution. Contact a mesothelioma attorney from NYC to schedule a free, no-obligation appointment. 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 could pay for the losses of your family. Compensation can cover medical bills, lost wages due to inability to work, home care expenses, mental anguish and suffering, loss of quality, funeral and burial costs, as well as other costs. A seasoned New York asbestos lawyer will examine the parties responsible to gather evidence and prove your claim. After that, your lawyer can file a lawsuit in civil court before the state's statute of limitations expires.

The courts are familiar with asbestos lawsuits and have specialized dockets to help simplify the process. They speed up trials for plaintiffs who are terminally ill and put similar cases together. The judges who are handling these cases are trained to ensure justice and are aware of the higher dangers associated with asbestos.

According to a study conducted recently, New York City is the main hub in the country for asbestos litigation. Asbestos victims have claimed billions of dollars 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 illness, but lawsuits brought against companies that exposed workers to asbestos cancer-causing chemical have led to compensation for victims for their suffering.

In addition to compensating victims of mesothelioma and other asbestos-related diseases These lawsuits are also aimed at securing the retribution of corporate wrongdoers. The lawsuits seek punitive damages which are given in addition to compensatory damages. The intent of the lawsuits is to discourage the defendant from engaging in similar conduct in the future.

However the NYCAL decision gives defendants the chance to have a shot of hope in their fight to stay clear of punitive damages. They were in danger of massive judgments in the past with the theory that their conduct was so egregious, that they had to pay damages for punitive harm to deter other people from committing the same offense.

With the decision in favor of plaintiffs, it is likely that a lot of the companies that were named as defendants will be dismissed. Even if they were to be dismissed however, they will still need to pay legal fees to defend a case that they did not deserve to be involved in.