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New York Asbestos Litigation

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

Recent NYCAL decisions are likely to have a major lawsuit impact on the defense of asbestos litigation cases lawsuits. These decisions could result in extensive summary judgement motion practice focusing on the defendant's fiber/cc tests 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 expert witnesses to support their client's claims. Asbestos litigation is expensive, and expert witness fees make up a significant portion of the total costs. Lawyers on both sides could spend hundreds of hours in preparation to confront an expert, and experts can charge thousands of dollars per day. Therefore, it is essential that litigants conduct thorough research and vet possible experts in advance. In the absence of doing so, it could result in a sham 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 developed asbestos-related diseases, such as mesothelioma, lung cancer, and so on. Anyone who has suffered from these conditions can seek compensation from the companies who exposed them to asbestos.

Asbestos suits are common in New York and the judges are well-versed in the subject. The courts, for instance speed up trials for seriously ill plaintiffs and combine cases when needed to reduce trial costs. In addition, courts regularly review their discovery procedures to make sure they are up-to-date and efficient.

In a landmark case, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements by plaintiffs’ experts did not suffice to prove causation. The defendants filed an appeal and a decision is expected soon.

The court's decision is expected to have a significant impact on asbestos litigation in New York. The mesothelioma lawyers are bombarding the daytime TV with ads which encourage asbestos class action litigation victims to file lawsuits, promising huge settlements. The niche litigation was especially 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 earned by sending 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 the state is one of the most sought-after jurisdictions for mesothelioma verdicts.

Summary Judgment

A New York latest asbestos litigation attorney can help you receive the amount of compensation you are due.

asbestos law and litigation exposure can lead to serious diseases, including mesothelioma and lung cancer. These illnesses are extremely serious and have a long time of latency, meaning that victims may start suffering from symptoms as recently as 20 or 25 years after their first exposure. There are steps workers can take to reduce the risk of asbestos exposure and the development of a future illnesses. In recent years, the asbestos litigation landscape 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 by the conviction on federal corruption charges of former Assembly Speaker Sheldon Silver. Silver's convictions for corruption stemmed from his secret work at the law firm Weitz & Luxenberg. He used this to earn millions in referral fees.

The courtroom politics on the NYCAL docket have also impacted the new Albany landscape. Justice Sherry Klein Heitler was replaced as the longtime manager of the NYCAL docket in 2021 following reports that she had provided the "red carpet treatment" to asbestos-related claims filed by Weitz & Luxenberg. Following this shakeup, Justice Peter Moulton has taken charge of NYCAL. His rulings have made it difficult for defendants to obtain summary judgement.

In Juni, the Court of Appeals dealt NYCAL with a brutal dose of truth, rejecting the cumulative-exposure theory that was popular in the litigation, and requiring plaintiffs to prove the causation of their claims with sufficient scientific expression by their experts. This ruling gives New York asbestos attorneys a powerful weapon to defend against claims that claim to be false or speculative.

In Reid in Reid Abex the Court of Appeals supported asbestos defense attorneys in their efforts to force plaintiffs to prove a causal link between asbestos-related illnesses and the products to which they were exposed. This decision places plaintiffs with the obligation to prove that their condition was caused by the specific linings and friction materials that were supplied by the defendant, not general exposure to asbestos in the workplace.

Causation

The most significant challenge facing defendants in asbestos cases is the need to prove that there is a causal link. It is generally accepted that exposure to certain asbestos-containing materials causes mesothelioma, among other diseases, however, the law requires plaintiffs to establish specific exposure to certain products made by specific defendants in order to prevail on their claims.

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

Juni has placed a significant burden on defendants and could oblige them to pay less than what they are entitled to. An attorney for mesothelioma in NYC can explain the advantages of filing a suit and the options for restitution financial if you are diagnosed with mesothelioma, or latest asbestos Litigation other asbestos-related diseases.

New York state was the second most popular jurisdiction for mesothelioma-related lawsuits in 2019 and is responsible for about 6% of the national asbestos litigation. It is estimated that up to 13,000 people have been diagnosed with mesothelioma in the state. The majority of victims were contractors or employees exposed to asbestos in industrial settings.

The signs of mesothelioma generally are not evident until the age of 25 to 50 years after the initial exposure. Many asbestos patients are fighting to receive the compensation they need for medical expenses, lost wages and companionship loss, in addition to other damages.

While it is important to file a mesothelioma lawsuit promptly, it is also crucial to partner with a seasoned mesothelioma lawyer who can assist you in obtaining the highest amount of financial restitution that is possible. Call a mesothelioma attorney in NYC to set up a no-cost, no-obligation appointment. Your attorney will be able to discuss your rights to financial restitution from an asbestos trust fund.

Damages

If you have mesothelioma, or another asbestos-related disease, a successful lawsuit can compensate your family's losses. Compensation could cover your medical bills, income loss from being unable to work or take care of your home, pain and suffering, mental anxiety and loss of quality of life, and funeral and burial costs. A seasoned New York asbestos lawyer will examine the parties responsible to gather evidence and support your claim. Your lawyer will 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 that streamline the process. They expedite trials for terminally-ill plaintiffs, and group similar cases. The judges who are handling these cases have been instructed 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-related victims received 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 and fatal disease, however lawsuits filed against companies that exposed workers to asbestos 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 damage awards, which are in addition to compensatory damages. The lawsuits are designed to deter the defendant from repeating the same conduct in the future.

However the NYCAL decision gives defendants an opportunity to win their struggle to avoid punitive damages awards. They had the possibility of large judgments in the past, with the theory that their conduct had been so bad that they would have to pay punitive damage awards to deter other people from following their example.

Now, with the ruling in favor of plaintiffs, companies that are named as defendants in NYCAL cases could be dismissed in a substantial proportion of their cases. Even if they were dismissed however, they will still need to pay legal fees to defend a case that they did not deserve to be involved in.