New York Asbestos Litigation

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

Recent NYCAL decisions will have a profound effect on the defense of asbestos suits. These decisions could result in a significant number of summary judgment motions based upon the test results of the defendant's fiber/cc and expert reports that put any respirable exposure under an exposure threshold in the ambient.

Expert Testimony

New York asbestos attorneys rely heavily on the testimony of expert witnesses to back up their client's claims. Asbestos litigation is expensive, and expert witness fees account for a significant percentage of the total cost. 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 thoroughly examine and verify potential experts in advance. Failure to do this could result in a failed Daubert challenge and lost cases.

New York has had a long history of industrial activity. Many workers were exposed to asbestos. Many of these workers have been diagnosed with asbestos-related illnesses, including mesothelioma and cancer of the lung. They may seek compensation from the companies who exposed them to asbestos.

Asbestos lawsuits are a common occurrence in New York, and judges are well-versed in the issues that arise. For example, the courts speed up trials for terminally patients, and often consolidate cases to lower the cost of trial. In addition courts frequently review their discovery procedures to ensure that they are up-to-date and effective.

In a case that is notable, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements by plaintiffs’ experts did not suffice to prove causality. The defendants appealed the case, and a decision is expected in the near future.

The court's decision is expected to have a significant impact on asbestos litigation in New York. The mesothelioma lawyers are bombarding television during the day with ads that encourage asbestos victims to file lawsuits, promising huge settlements. The niche litigation was particularly lucrative for plaintiffs' lawyers who repaid millions of referral fees to Sheldon Silver. Silver was recently found guilty of federal corruption charges relating to the millions he made by sending asbestos cases to their firm.

New Yorkers should continue to be aware in their workplaces and communities to avoid asbestos exposure. Asbestos-related lawsuits are on the rise and New York is among the top jurisdictions for mesothelioma verdicts.

Summary Judgment

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

Asbestos exposure can lead to serious diseases like mesothelioma and lung cancer. These illnesses are extremely serious and have a long time of latency, meaning that victims may be suffering from symptoms as recently as 20 or 25 years after their initial exposure. Fortunately, there are steps that workers can take to protect themselves against asbestos exposure and avoid future illness. In recent years the asbestos litigation scene has seen major 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 corruption convictions stemmed from his secretly working for the law firm of Weitz & Luxenberg, which was where he earned millions of dollars in referral fees for the firm.

The new Albany landscape is also impacted by the courtroom politics of the NYCAL docket. The longtime manager of the NYCAL docket, Justice Sherry Klein Heitler was replaced in 2021 amid reports that she provided the "red-carpet treatment" to asbestos cases brought by Weitz & Luxenberg. In the wake of this reshuffle, Justice Peter Moulton has taken the reigns of NYCAL. His rulings have made it difficult for defendants to obtain summary judgement.

In Juni the year 2003, the Court of Appeals dealt NYCAL a harsh dose of truth, rejecting the cumulative exposure theory that was popular in the litigation and calling for plaintiffs to establish the causation of their claims with sufficient scientific evidence from their experts. This decision gives New York asbestos attorneys a strong argument against claims that claim they are false or speculative.

In Reid v Abex the Court of Appeals supported asbestos defense attorneys in their efforts to require plaintiffs to establish a causal connection between asbestos-related diseases and products to which they were exposed. The decision imposes plaintiffs with the responsibility to prove that their condition was caused by the specific friction materials and linings that were provided by the defendant, and not general exposure to asbestos in the workplace.

Causation

The defendants must prove that asbestos contributed to the disease. It is generally accepted that exposure to certain asbestos-containing materials causes mesothelioma and other diseases, however, the law requires plaintiffs to establish specific exposure to certain products made by particular defendants to be successful in their claims.

This is a tough standard to meet, especially in NYCAL where a single judge oversees the entire NYC asbestos litigation. In the 16 years since Parker, New York courts struggle to apply the principles from that case. In 2016, for example, the First Department in Matter of NYC asbestos lawsuit Litigation (Juni) decided that a plaintiff's expert declaration that he "regularly exposed" himself to asbestos-containing friction products was not sufficient under Nemeth to satisfy a specific causation.

Juni has placed a heavy burden on defendants and may make them settle their claims at a lower amount than what they are entitled to. A mesothelioma attorney in NYC can explain to you the benefits of filing suit and your options to receive financial compensation if you have been diagnosed with mesothelioma.

New York state was the second most popular jurisdiction for mesothelioma lawsuits in the year 2019, and it handles 6percent of all asbestos litigation. As many as 13,000 people have been diagnosed with the disease in New York. The majority of the victims were contractors or employees who were exposed to asbestos as it was being used in industrial processes.

The symptoms of mesothelioma usually don't manifest until between 25 to 50 years after initial exposure. Many asbestos victims are fighting to get the compensation they need for medical expenses loss of wages, companionship loss, among other damages.

It is important to file your mesothelioma suit in a timely manner however, it is vital to work with an attorney for mesothelioma who can assist you in obtaining the maximum financial restitution. Contact a mesothelioma attorney from NYC to set up a free appointment, no-obligation. 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 can pay your family members for their losses. Compensation could cover your medical bills, lost income from being unable and home care expenses as well as pain and suffering, mental anguish and 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 prove your claim. Your lawyer can then file a civil lawsuit before the statute of limitations runs out in your state.

The courts have dockets that are specially designed for asbestos cases to streamline the process. They speed up trials for plaintiffs who are terminally ill and put similar cases together. Judges who handle these cases have been trained to ensure justice and are aware of the increasing dangers associated with asbestos.

According to a study conducted recently, New York City is the nation's hub for asbestos litigation. Asbestos victims have claimed billions of dollars in settlements and verdicts. Mesothelioma is a fatal cancer caused by exposure to dangerous asbestos lawsuit fibers. It is a rare, incurable type of cancer. However lawsuits filed against companies that exposed workers to asbestos fibers have helped compensate victims.

These lawsuits aim to punish corporate wrongdoers as as compensating victims of mesothelioma or other asbestos-related illnesses. These lawsuits seek punitive damages awards, which are in addition to compensatory damages. They are intended to discourage the defendant's behavior in the future, and discourage others from participating in a similar course of action.

However, the NYCAL decision provides defendants with the chance to have a shot of hope in their battle to stay clear of punitive damages. They were in danger of large judgments in the past, on the basis that their conduct was so egregious, that they would have to pay punitive damages to discourage others from committing the same offense.

Now, with the ruling in favor of plaintiffs, businesses that are named as defendants in NYCAL cases are likely to be dismissed in a substantial portion of their cases. This is because even if they get dismissed, they will still need to incur legal fees to defend a case they did not merit to be involved in.