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 is the second most prevalent mesothelioma-related case in the United States in 2019.

Recent NYCAL decisions are likely to have a significant impact on the defense of asbestos lawsuits. These decisions are likely to result in a significant number of summary judgment motions based on defendant's fiber/cc tests 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 back up their client's claims. Expert witness fees can be a an enormous portion of total costs involved in asbestos litigation. Lawyers on both sides could spend a lot of time in preparation to question an expert, while experts can charge thousands of dollars per day. Therefore, it is essential that litigants examine and verify potential experts prior to contacting 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 asbestos, which is toxic. Many of these workers have suffered asbestos-related illnesses, including mesothelioma as well as lung cancer. They may seek compensation from the businesses who exposed them to asbestos.

Asbestos suits are quite common in New York and the judges are well-versed in the subject. For example, the courts speed up trials for terminally sick plaintiffs, and they often combine cases to cut down on the cost of trial. In addition courts frequently review their discovery procedures to ensure that they are up-to-date and efficient.

In a landmark case, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements made by plaintiffs' experts were not sufficient to establish the causality. The defendants filed an appeal and the decision is expected to be made soon.

The court's ruling is expected to have an impact on asbestos litigation across New York. The mesothelioma lawyers are currently bombarding the daytime TV with ads which encourage victims to file asbestos suits, promising huge settlements. The specialized litigation has been particularly lucrative for plaintiffs' attorneys who have paid millions of dollars in referral fees to former Assembly Speaker Sheldon Silver, who was recently found guilty of federal corruption charges related to the millions of dollars he made by directing asbestos cases to his firm.

New Yorkers should be vigilant in their workplaces, and communities about asbestos exposure. Asbestos lawsuits are on the increasing, and the state is one of the top jurisdictions for mesothelioma verdicts.

Summary Judgment

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

Asbestos exposure is often the cause of serious diseases, including mesothelioma and lung cancer. These diseases are aggressive and have a long time of latency which means that patients may only have begun experiencing symptoms as recently as 20 or 25 years after their initial exposure. There are steps workers can take to avoid asbestos exposure and the development of a future disease. In recent years the asbestos litigation scene has seen a number of major changes. The most significant change came in 2015, when New York's 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 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 new Albany landscape has also been shattered by the courtroom politics of the NYCAL docket. Justice Sherry Klein Heitler was removed as the long-time manager of NYCAL docket in 2021 amidst reports that she'd 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 rulings have made it more difficult for defendants to obtain summary judgment.

In Juni the year 2003, the Court of Appeals gave NYCAL a hefty dose of reality by denying the cumulative exposure theory that was a popular argument in the litigation. Instead it required that plaintiffs establish a specific causation with sufficient scientific expression from their experts. This ruling gives New York asbestos attorneys a powerful tool to defend against claims that claim to be false or speculative.

In Reid in Reid Abex the Court of Appeals supported asbestos defense lawyers in their efforts to compel plaintiffs to establish a causal connection between asbestos-related diseases and the products to which they were exposed. 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 biggest challenge for asbestos defendants is the need to prove causation. It is generally accepted that a person's exposure to certain asbestos-containing materials causes mesothelioma and 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 challenging standard to meet, especially in NYCAL where a single judge is responsible for the entire NYC asbestos litigation. In the 16 years since Parker, New York courts have had a difficult time applying the principles outlined in that case. In 2016, for example, the First Department in Matter of NYC Asbestos Litigation (Juni) decided that a plaintiff's expert evidence that he "regularly exposed" himself to asbestos lawyers-containing friction products was not sufficient under Nemeth to establish a specific causation.

Juni has placed a huge burden on defendants and could make them pay a lower amount than what they are entitled to. An attorney for mesothelioma in NYC will explain the benefits of filing a suit and the options for restitution in the event that you're diagnosed with mesothelioma, or other asbestos-related diseases.

New York State was the second most popular state for mesothelioma suits in the year 2019. It was the sole handler of 6% of all asbestos litigation across the country. As many as 13,000 people are estimated to have been diagnosed with the disease in New York. The majority of the victims were contractors or employees who were exposed to asbestos because it was used in industrial applications.

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

It is essential to file your mesothelioma claim promptly, but it is also essential to work with a mesothelioma lawyer who can assist you in seeking the highest amount of financial compensation. Contact a mesothelioma lawyer in NYC to schedule a free, no-obligation appointment. Your attorney can help determine if you're qualified to receive financial compensation from an asbestos trust.

Damages

If you suffer from mesothelioma or a similar asbestos-related condition 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 suffering, loss of quality, funeral and burial costs, as well as other expenses. An experienced New York mesothelioma attorney will examine the parties responsible and collect evidence to support your claims. After that, your lawyer will start a civil lawsuit in court before your state's statute of limitations expires.

The courts have specialized dockets for asbestos cases to streamline the process. They accelerate trials for terminally ill plaintiffs and group similar cases together. The judges handling these cases have been instructed to ensure justice and are aware of the increasing risks associated with asbestos.

According to a study conducted recently, New York City is the national center for asbestos litigation. Asbestos victims received billions in settlements and verdicts. Mesothelioma is a deadly form of cancer is caused by asbestos fibers. It is a rare and fatal disease, but lawsuits against companies who exposed workers to the cancer-causing substance have helped compensate victims for their suffering.

These lawsuits seek to penalize corporate wrongdoers as as compensating victims of mesothelioma or other asbestos-related illnesses. These lawsuits seek punitive damages awards in addition to compensatory damages. They are intended to deter the defendant's conduct in the future and discourage others from taking part in a similar action.

However, the NYCAL decision offers defendants a glimmer of hope in their fight to stay out of punitive damages. They were in danger of huge judgments in the past, on the basis that their conduct was so egregious, that they had to pay damages for punitive harm to deter other people from following suit.

With the decision in favor of plaintiffs, firms named as defendants in NYCAL cases are likely to be dismissed in a significant proportion of their cases. Even if they were dismissed but they'd still have to pay legal fees to defend a case that they didn't deserve to be in.