New York Asbestos Litigation

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

Recent NYCAL decisions will have a profound effect on the defense of asbestos suits. These decisions will likely result in a significant number of summary judgment motions based on the test results of the defendant's fiber/cc and expert reports that put any exposure that can be deemed respirable below 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 represent a significant proportion of the total cost. Both sides can spend hundreds hours preparing to question an expert. Experts can charge thousands of dollar per day. It is therefore important that litigants study and evaluate potential experts prior to interviewing them. In the absence of this, it could result in a failure of the Daubert Challenge and lost cases.

New York has a rich industrial history, and many workers have been exposed to toxic asbestos. Many of these workers have developed asbestos-related diseases, including mesothelioma, lung cancer, and so on. People who have been affected by these diseases can recover compensation from the companies who exposed them to asbestos.

Asbestos lawsuits are a regular event in New York, and judges are aware of the issues involved. For instance, the courts speed up trials for sick plaintiffs, and they often combine cases to cut down on costs for trial. Additionally, courts regularly review their discovery procedures to make sure they are up-to-date and efficient.

In one notable case, Brown v. Weitz & Luxenberg in which the First Department held that conclusory statements on exposure cumulatively made by the plaintiffs' experts were insufficient to establish the causation in asbestos cases. The defendants appealed the case, 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 pepper daytime TV with commercials urging victims to bring asbestos lawsuits, promising massive settlements. The niche litigation was particularly lucrative for plaintiffs’ attorneys who paid millions in referral fees to Sheldon Silver. Silver was recently convicted of federal corruption charges in relation to the millions he made by directing asbestos cases to their firm.

New Yorkers should continue to be vigilant in their workplaces and in their communities regarding asbestos exposure. Asbestos lawsuits are on increasing, and New York is among the most sought-after jurisdictions for mesothelioma verdicts.

Summary Judgment

A New York asbestos attorney can assist you in receiving the compensation you deserve.

Asbestos exposure can lead to serious diseases, including mesothelioma and lung cancer. These diseases are aggressive and have a long period of latency. This means that patients may not be developing symptoms until 20 or 25 years following their first exposure. Fortunately, there are ways for workers to safeguard themselves from asbestos exposure and avoid future disease. There have been a number of significant changes in the asbestos litigation landscape in recent years. The most significant development came in 2015 in which the New York political establishment was shaken to the core following the conviction on federal corruption charges brought against former Assembly Speaker Sheldon Silver. Silver's convictions for corruption stemmed from his secretly working for the law firm of Weitz & Luxenberg, which employed him to earn millions of dollars in referral fees for the firm.

The courtroom politics on the NYCAL docket have also shaken up the new Albany landscape. Justice Sherry Klein Heitler was removed as the long-time director of NYCAL docket in 2021 amid reports that she'd given the "red carpet treatment" to asbestos claims filed by Weitz & Luxenberg. In the aftermath of this shakeup, Justice Peter Moulton has taken the reigns of NYCAL. His decisions have placed a heavy burden on defendants, making it nearly impossible for them to obtain summary judgment.

In Juni the year 2003, the Court of Appeals gave NYCAL a hard dose of reality, rejecting the cumulative exposure theory that was a popular argument in the litigation. Instead, it demanded that plaintiffs establish a specific causation with sufficient scientific expression from their experts. This decision gives New York asbestos attorneys a powerful weapon to defend against claims that claim they 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 products to which they were exposed. This decision imposes plaintiffs with the obligation to establish that their disease was caused by specific linings and friction materials that were provided by the defendant, and not general exposure to asbestos in the workplace.

Causation

The most difficult challenge facing defendants in asbestos cases is the need to prove that there is a causal link. It is generally accepted that a person's exposure to asbestos-containing substances is a cause of mesothelioma and other illnesses, but the law requires plaintiffs to establish specific exposure to products manufactured by specific defendants in order to prevail on their claims.

This is a difficult standard to achieve, particularly in NYCAL where a single judge is responsible for the entire 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 that an expert's testimony that a plaintiff "regularly" exposed himself to products for friction that contained asbestos was not sufficient to establish the requirements of causality specific to Nemeth.

Juni has placed a significant burden on defendants in NYCAL and may make them settle their claims for less than what they are entitled to. An attorney for mesothelioma in NYC can explain the advantages of filing a lawsuit as well as your 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 lawsuits in 2019, and it handles about 6% of the national asbestos litigation. It is estimated that as many as 13,000 patients have been diagnosed with mesothelioma within the state. The majority of those affected are contractors or workers who were exposed to asbestos because it was used in industrial processes.

The signs of mesothelioma typically are not evident until the age of 25 to 50 years after the initial exposure. Many asbestos lawyer victims are fighting to receive the compensation they need to cover medical expenses, lost wages and companionship loss, among other damages.

It is important to file your mesothelioma suit promptly however, it is important to consult an attorney for mesothelioma who can assist you in seeking the highest amount of financial compensation. Contact a mesothelioma attorney in NYC today to schedule a free, no-obligation consultation. Your lawyer can help you determine your eligibility for financial restitution from an asbestos trust fund.

Damages

If you suffer from mesothelioma or another asbestos-related disease A successful lawsuit could pay for the losses of your family. 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 expenses. An experienced New York asbestos lawyer will examine the parties responsible to gather evidence and support your claim. After that, your lawyer can bring a lawsuit in civil court before the state's statute of limitations expires.

The courts are well-versed in asbestos lawsuits and have specialized dockets to help streamline the process. They speed up trials for terminally ill plaintiffs and put similar cases together. In addition the judges who handle these cases are aware of the heightened risks associated with asbestos exposure and are trained to ensure that justice is served.

According to a study conducted recently, New York City is the main hub in the country for asbestos litigation. asbestos attorney-related victims have claimed billions of dollars in settlements and verdicts. Mesothelioma is a deadly form of cancer, is caused by asbestos fibers. It is a rare, incurable cancer. However lawsuits filed against companies who exposed workers to asbestos fibers have resulted in compensation for victims.

In addition to compensating the victims of mesothelioma and the other asbestos-related illnesses, these lawsuits are 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 deter the defendant from engaging in similar conduct in the future.

However, the NYCAL decision offers defendants a glimmer of hope in their fight to stay clear of punitive damages. They were in danger of huge judgments in the past, in the belief that their conduct was so egregious, that they would have to pay punitive damage awards to discourage others from following their example.

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