New York Asbestos Litigation

New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma is an asbestos-related disease that is serious and has prolonged latency.

Recent NYCAL decisions will have a significant impact on the defense of asbestos suits. These decisions will likely result in a number of summary judgment motions based on asbestos defendant's tests for fiber/cc as well as 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 is expensive, and expert witness fees account for a significant percentage of the total cost. Lawyers on both sides could spend hundreds of hours prepping to interview an expert, and experts can charge thousands of dollars per day. Therefore, it is essential for litigants to carefully research and vet potential experts prior to their appointment. In the absence of doing so, it could result in a failed Daubert challenge or losing cases.

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

Asbestos lawsuits are an everyday in New York, and judges are well-versed in the issues involved. For instance, the courts expedite trials for terminally patients, and often consolidate cases to lower trial expenses. The courts also regularly examine their discovery procedures to ensure that it is effective and current.

In a case that is notable, Brown v. Weitz & Luxenberg, the First Department held that conclusory statements on exposure cumulatively made from plaintiffs experts were not sufficient to establish the causality in an asbestos case. The defendants appealed the case and a decision is expected soon.

The court's ruling is expected to have an impact on asbestos litigation throughout New York. There are currently mesothelioma-specific law firms saturate the daytime with ads urging victims to make asbestos lawsuits and promise massive settlements. The niche litigation was especially lucrative for plaintiffs' attorneys who paid millions of referral fees to Sheldon Silver. Silver was recently found guilty of federal corruption charges relating to the millions he earned by sending asbestos cases to their firm.

New Yorkers must continue to be vigilant in their workplaces and in their communities regarding asbestos exposure. Asbestos-related lawsuits are on the rise, and the state is one of the most sought-after jurisdictions for mesothelioma verdicts.

Summary Judgment

A New York asbestos attorney can assist you in receiving the amount of compensation you are due.

Asbestos exposure is often the cause of serious diseases, such as mesothelioma as well as lung cancer. These diseases are aggressive and have a long period of latency which means that the victims could only have begun suffering from symptoms as recently as 20 or 25 years after their initial exposure. There are steps that workers can take to prevent asbestos exposure and future disease. Several major changes have occurred in the asbestos litigation landscape in recent years. The most significant development 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 shady employment at the law firm Weitz & Luxenberg. He used this to earn millions of referral fees.

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 manager of NYCAL docket in 2021 following reports that she had given the "red carpet treatment" to asbestos claims brought by Weitz & Luxenberg. Following this shakeup, Justice Peter Moulton has taken the charge of NYCAL. His rulings have made it more difficult for defendants to obtain the benefit of a summary judgement.

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

In Reid v Abex, the Court of Appeals also gave asbestos defense lawyers support for their efforts to require plaintiffs to establish the existence of a specific causal connection between their asbestos-related disease and the specific substances they were exposed to. In this ruling, plaintiffs are required to demonstrate that their asbestos-related condition was caused by specific friction materials or linings provided by the defendant rather than general workplace exposure to asbestos.

Causation

The most significant challenge facing 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 the specific exposure to products produced by particular 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 the decision of Parker, New York courts have been unable to apply the principles outlined in the case. In 2016 the First Department in Matter of NYC Asbestos Litigation, (Juni) decided that an expert's testimony that a plaintiff "regularly" exposed himself to friction products that contained asbestos was not sufficient to satisfy the requirements of causality specific to Nemeth.

Juni has placed a heavy burden on defendants and could make them settle their claims at a lower amount than they are entitled. A mesothelioma lawyer from NYC can explain the advantages of filing a lawsuit and your options for financial compensation if have been diagnosed with mesothelioma.

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

The symptoms of mesothelioma don't usually evident until between 25 and 50 years after the first exposure. Many asbestos patients are fighting to receive the compensation they need for medical expenses as well as lost wages and companionship loss, in addition to damages.

It is essential to file your mesothelioma suit in a timely fashion, but it is also vital to work with an attorney for mesothelioma who can assist you in seeking the maximum financial restitution. Contact a mesothelioma lawyer in NYC to set up a no-cost, no-obligation appointment. Your attorney will be able to discuss your eligibility for financial restitution from an asbestos trust fund.

Damages

If you suffer from mesothelioma, or another asbestos lawyer-related disease A successful lawsuit can compensate your family for your losses. Compensation may cover medical bills and lost wages resulting from inability to work, home-care expenses, mental anguish and pain, loss of quality, funeral and burial costs, as well as other costs. An experienced New York mesothelioma attorney will look into the parties at fault and gather evidence to back your claims. After that, your lawyer will start a civil lawsuit in court before your state's time limit expires.

The courts have dockets that are specially designed for asbestos cases that streamline the process. They speed up trials for terminally ill plaintiffs, and group similar cases. In addition, the judges handling these cases are aware of the heightened risk of asbestos exposure and are trained to ensure that justice is done.

According to a study that was conducted recently, New York City is the nation's hub for asbestos litigation. Asbestos victims received billions in settlements and verdicts. Mesothelioma is a fatal cancer is caused by asbestos lawsuit 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.

In addition to compensating the victims of mesothelioma and the other asbestos-related diseases the lawsuits aim 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 repeating the same conduct in the future.

However the NYCAL decision provides defendants with a glimmer of hope in their fight to stay clear of punitive damages. They had the possibility of massive judgments in the past in the belief that their conduct was so indecent that they would have to pay punitive damages to deter other people from committing the same offense.

With the ruling in favor of plaintiffs, it is likely that many of the companies that were named as defendants will be disqualified. Even if they were dismissed, they would still have to pay legal fees to defend a case that they did not deserve to be in.