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, is the second most common mesothelioma patient in the country in the year 2019.

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

Expert Testimony

New York asbestos attorneys rely heavily on the testimony of experts to prove their clients' claims. Asbestos litigation can be very expensive, and expert witness fees represent a significant proportion of the total cost. Lawyers for both sides could spend a lot of time in preparation to confront an expert, while experts can charge thousands of dollars per day. It is therefore important that litigants conduct thorough examine and verify potential experts prior to contacting them. Failure to do this can result in a failure of the Daubert Challenge or losing cases.

New York has had a long history of industrialization. Many workers were exposed to asbestos. Many of these workers developed asbestos-related diseases, including mesothelioma or lung cancer. Anyone who has suffered from these conditions can recover compensation from the companies that exposed them to asbestos.

Asbestos suits are common in New York and the judges are well-versed in the subject. The courts, for instance expedite trials for seriously ill plaintiffs and combine cases when necessary to cut down on trial costs. The courts also examine their discovery procedures to ensure that they are efficient and up-to date.

In one case of note, Brown v. Weitz & Luxenberg in which the First Department held that conclusory cumulative exposure statements by the plaintiffs experts were not sufficient to establish the causality in an asbestos case. The defendants filed an appeal, 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. Mesothelioma lawyers have been bombarding the daytime TV with ads that encourage victims to file 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 found guilty of federal corruption charges related to the millions he earned by directing asbestos cases to their firm.

New Yorkers should continue to be vigilant at work and communities to avoid asbestos exposure. Asbestos-related lawsuits are on the rise and New York is among the the top jurisdictions for mesothelioma cases.

Summary Judgment

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

Asbestos exposure can cause serious illnesses like mesothelioma and lung cancer. These diseases are agressive and have a long period of latency which means that patients may start experiencing symptoms as recently as 20 or 25 years after their first exposure. There are ways for workers to safeguard themselves from asbestos exposure and prevent future illnesses. In recent years the asbestos litigation scene has seen a number of major changes. The most significant change occurred in 2015, when New York's political establishment was shaken to its foundation following the conviction on federal corruption charges against the former Assembly Speaker Sheldon Silver. Silver's corruption convictions stemmed from his secretly working at the law firm of Weitz & Luxenberg, which was where he earned millions of dollars in referral fees for the firm.

The new Albany landscape has also been shaken by the courtroom political machinations of the NYCAL docket. The long-time head of the NYCAL docket, Justice Sherry Klein Heitler was replaced in 2021 amidst reports that she had given the "red-carpet treatment" to asbestos cases brought by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the aftermath of the shake-up. His decisions have made it more difficult for defendants to get the benefit of a summary judgement.

In Juni the year 2003, the Court of Appeals gave NYCAL a hard dose of reality by rejecting the theory of cumulative exposure that was prevalent in the litigation. Instead it demanded plaintiffs prove causation with sufficient scientific expression from their experts. This ruling gives New York asbestos attorneys a powerful tool to defend against claims that claim they are false or speculative.

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

Causation

The defendants will need to prove that asbestos contributed to the disease. It is generally accepted that a person's exposure to certain asbestos-containing materials is a cause of mesothelioma, among other diseases, however, the law requires plaintiffs to establish the specific exposure to products produced by specific defendants in order to be successful in their claims.

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

Juni has placed a heavy burden on defendants, and could oblige them to settle their claims at an amount lower than they are entitled. A mesothelioma attorney in NYC can explain the advantages of filing a suit and the options for financial compensation if have been diagnosed with mesothelioma.

New York State was the second-most popular jurisdiction for mesothelioma suits in the year 2019. It was the sole handler of 6% of all asbestos litigation in the nation. It is estimated that up to 13,000 patients have been diagnosed with mesothelioma within the state. Most of the victims were contractors or employees exposed to asbestos in industrial applications.

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

While it is essential to start a mesothelioma lawsuit promptly, it is also crucial to partner with a seasoned mesothelioma attorney 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 lawyer can help you determine your eligibility for financial compensation from an asbestos trust fund.

Damages

If you suffer from mesothelioma or another asbestos-related disease, a successful lawsuit could compensate your family for your losses. Compensation can cover medical expenses, lost income from being unable to work or take care of your home as well as pain and suffering mental anxiety, loss of quality of life and funeral and burial costs. A seasoned New York asbestos lawyer will look into the responsible parties to gather evidence and prove your claim. After that, your lawyer can bring a lawsuit in civil court before the state's statute of limitations expires.

The courts are familiar with asbestos lawsuit lawsuits and have specialized dockets to help streamline the process. They accelerate trials for plaintiffs with terminal illnesses and also group similar cases together. Additionally the judges who decide these cases are aware of the higher risk of asbestos exposure and are trained to ensure that justice is done.

According to a recent study, New York City is the nation's hub for asbestos litigation. Asbestos victims have received billions of dollars in settlements and verdicts. Mesothelioma is a deadly cancer that is caused by exposure to hazardous asbestos fibers. It is a rare and incurable disease, however lawsuits filed against companies that exposed workers to asbestos cancer-causing chemical have led to compensation for victims for their suffering.

In addition to compensating victims of mesothelioma and the other asbestos-related diseases, these lawsuits are aimed at securing the retribution of corporate wrongdoers. The lawsuits seek punitive damages which are given in addition to compensatory damages. They are designed to deter the defendant's conduct in the future and deter others from participating in the same course of action.

The NYCAL decision gives defendants the chance 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 had to pay punitive damages to deter other people from following their example.

With the ruling in favor of plaintiffs, it is likely that many of the businesses named as defendants will be reprimanded. This is because even if they're dismissed, they will have to spend money on legal fees to defend a case that they didn't deserve to be involved in.