New York asbestos attorney Litigation

New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma is a serious asbestos-related illness with 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 test and expert reports that place any respirable exposure below the threshold of exposure to ambient air.

Expert Testimony

New York asbestos attorneys rely heavily on the testimony of experts to support their client's claims. Expert witness fees can account for an enormous portion of total costs involved in asbestos litigation. Both sides could spend hundreds of hours preparing to confront an expert. Experts can charge thousands of dollar per day. It is therefore important that litigants research and vet possible experts prior to interviewing them. In the absence of doing so, it could result in a failed Daubert contest and a loss of cases.

New York has a rich industrial past, and many workers have been exposed to toxic asbestos. Many of these workers have suffered asbestos-related illnesses, including mesothelioma and cancer of the lung. People who have suffered from these ailments are entitled to compensation from companies that exposed them to asbestos.

Asbestos lawsuits are a common occurrence in New York, and judges are aware of the issues that arise. The courts, for instance expedite trials in cases of seriously ill plaintiffs and combine cases when necessary to reduce trial costs. The courts also review their discovery procedure to ensure that it is effective and current.

In a landmark case, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements of plaintiffs' experts did not suffice to prove the causality. The case was re-argued by the defendants, and a decision is expected soon.

The court's decision is expected to have a profound impact on asbestos litigation in New York. Currently, specialized mesothelioma law firms saturate the daytime with commercials urging victims to bring asbestos lawsuits, promising giant settlements. The niche litigation was particularly lucrative for plaintiffs' attorneys who paid millions in referral fees to Sheldon Silver. Silver was recently found guilty of federal corruption charges in relation to the millions he earned by sending asbestos cases to their firm.

New Yorkers should continue to be vigilant at work and in their communities regarding asbestos exposure. Asbestos lawsuits are on rise, and New York is among the top jurisdictions for mesothelioma cases.

Summary Judgment

A New York asbestos lawyer can help you obtain the compensation you're due.

Asbestos exposure often leads to serious diseases, including mesothelioma and cancer of the lung. These diseases are aggressive and have a long latency period, meaning that victims may only have begun experiencing symptoms as recently as 20 or 25 years after their first exposure. There are ways for workers to protect themselves against asbestos exposure and avoid future disease. In recent years the asbestos litigation landscape has undergone several significant changes. In 2015, the political establishment in New York was shook to its foundation by the conviction of Sheldon S. Silver for federal corruption charges. Silver's convictions for corruption were a result of his covert employment at the law firm Weitz & Luxenberg. He utilized this to earn millions of referral fees.

The courtroom politics on the NYCAL docket have also impacted the new Albany landscape. Justice Sherry Klein Heitler was removed as the long-time manager of NYCAL docket in 2021 following reports that she had given the "red carpet treatment" to asbestos claims filed by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the wake of this 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 gave NYCAL a hard dose of reality by denying the cumulative exposure theory that was popular in the litigation. Instead it demanded that plaintiffs establish specific causation with sufficient scientific expression from their experts. This ruling gives New York asbestos attorneys a powerful weapon to defend against allegations that claims are fraud or speculative.

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

Causation

The biggest challenge for defendants in asbestos cases is the need to prove causation. It is generally accepted that 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 particular defendants in order to be successful in their claims.

This is a challenging standard to meet, particularly in NYCAL where one judge is in charge of all NYC asbestos litigation. In the 16 years since the decision of Parker, New York courts have struggled to apply the principles outlined in that case. In 2016, for instance the First Department in Matter of NYC Asbestos Litigation (Juni) found that a plaintiff's declaration that he "regularly exposed" himself to friction products containing asbestos was not sufficient under Nemeth to establish a specific causality.

Juni has placed a heavy burden on defendants, and could make them pay less than what they are entitled to. A mesothelioma lawyer in NYC will explain the benefits of filing a lawsuit as well as the options for restitution financial if you're diagnosed with mesothelioma or any other asbestos attorney-related diseases.

New York state was the second most popular state for mesothelioma lawsuits in 2019 and is responsible for 6% of national asbestos litigation. It is estimated that as many as 13,000 people have been diagnosed with mesothelioma within the state. The majority of those affected are contractors or workers who were exposed to asbestos when it was used in industrial processes.

The signs of mesothelioma aren't usually evident until between 25 and 50 years after the initial exposure. Many asbestos patients are fighting to get the compensation they need to cover medical expenses loss of wages, companionship loss, in addition to other damages.

While it is crucial to start a mesothelioma lawsuit in a timely manner but it is also essential to consult with a knowledgeable mesothelioma attorney who can help you obtain the maximum amount of financial restitution that is possible. Contact a mesothelioma attorney in NYC today to schedule your free, no-obligation consultation. Your lawyer can help you determine your rights to financial restitution from an asbestos trust fund.

Damages

If you have mesothelioma, or any other asbestos-related illness, a successful lawsuit could help your family recover losses. Compensation could pay for medical bills, income loss due to being unable to work and home care expenses, pain and suffering, mental anguish, loss of quality of life and funeral and burial costs. An experienced New York mesothelioma attorney will investigate the responsible parties and gather evidence to support your claims. After that, your lawyer will bring a lawsuit in civil court before your state's statute of limitations runs out.

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. Additionally the judges who handle these cases are aware of the increased dangers associated with asbestos exposure and are trained to ensure justice is done.

According to a recent study, 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 harmful asbestos fibers. It is a rare, incurable cancer. However, lawsuits filed against companies who exposed workers to asbestos fibers have led to compensation for victims.

These lawsuits seek to punish corporate wrongdoers as indemnizing victims of mesothelioma or other asbestos attorneys-related diseases. These lawsuits seek punitive damage awards in addition to compensatory damages. The lawsuits are meant to deter the defendant from repeating the same conduct in the future.

However, the NYCAL decision gives defendants an opportunity to win their battle to avoid punitive damages awards. Prior to this, they faced the prospect of massive judgments in these cases according to the prevalent view that their conduct was so egregious that they had to pay punitive damages to deter others from following suit.

With the ruling in favor of plaintiffs, it is likely that many of the businesses named as defendants will be dismissed. Even if they were to be dismissed but they'd still have to pay legal fees to defend a case they didn't deserve to be in.