New York Asbestos Litigation

New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma is a very serious asbestos-related illness with a long latency is the second most common mesothelioma case nationwide in 2019.

Recent NYCAL decisions are expected to have a major impact on the defense of asbestos lawsuits. These decisions are likely to result in a significant 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 exposure threshold in the ambient.

Expert Testimony

New York asbestos lawyers rely heavily on expert witness testimony to prove their clients their claims. Asbestos litigation can be very expensive, and expert witness fees make up a significant portion of the total costs. Lawyers for both sides could spend a lot of time in preparation to question an expert, while experts can charge thousands of dollars per day. It is therefore important that litigants research and vet possible experts prior to contacting them. If they don't, it could result in a failed Daubert Challenge and lost cases.

New York has had a long history of industrialization. Many workers were exposed to asbestos. Many of these workers have developed asbestos-related diseases, such as mesothelioma as well as lung cancer. They may 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 example, expedite trials for seriously ill plaintiffs and combine cases when needed to reduce the cost of trial. Additionally the courts are regularly reviewing their discovery procedures to ensure they are current and efficient.

In a notable 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 case was then appealed by the defendants, and a decision is expected to be issued soon.

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

New Yorkers should continue to be vigilant in their workplaces, and communities about asbestos exposure. Asbestos lawsuits have been increasing and New York is one of the top jurisdictions for mesothelioma cases.

Summary Judgment

A New York asbestos lawyer can help you obtain the compensation you're entitled to.

asbestos class action litigation exposure often leads to serious illnesses, such as mesothelioma and lung cancer. These diseases are agressive and have a long latency period which means that the victims could only have begun feeling symptoms as recent as 20 or 25 years after the initial exposure. Fortunately, there are ways for workers to safeguard themselves from asbestos exposure and avoid future disease. In recent years the asbestos defense litigation litigation landscape has seen significant changes. The most significant development came in 2015 when the political establishment was shaken to its foundation following the conviction on federal corruption charges brought against the former Assembly Speaker Sheldon Silver. Silver's convictions for corruption stemmed from his shady employment at the law firm Weitz & Luxenberg. He made millions in referral fees.

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 the NYCAL docket in 2021 amid reports that she had given the "red carpet treatment" to asbestos-related claims filed by Weitz & Luxenberg. In the aftermath of this reshuffle Justice Peter Moulton has taken charge of NYCAL. His rulings have placed a heavy burden on defendants, making it almost impossible for them to obtain summary judgment.

In Juni, the Court of Appeals gave NYCAL an ominous dose of reality, rejecting the cumulative exposure theory that was popular in the litigation. Instead, it demanded that plaintiffs establish specific causality with enough scientific evidence from their experts. This ruling gives New York asbestos defense attorneys a powerful tool to defend against allegations of speculative and fraudulent claims.

In Reid in Reid Abex, the Court of Appeals also gave asbestos defense attorneys a boost in their efforts to require plaintiffs to prove the existence of a specific causal connection between their asbestos-related condition and the specific substances they were exposed to. This decision places plaintiffs with the obligation to prove that their illness was caused by specific linings and friction materials which were supplied by the defendant, rather than general exposure to asbestos litigation defense in the workplace.

Causation

The defendants will need to demonstrate that asbestos caused the disease. The general consensus is that exposure to asbestos-containing substances can trigger mesothelioma and other illnesses. However the law requires plaintiffs to prove specific exposure to products manufactured by certain defendants in order for their claims to be successful.

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

Juni has put a huge burden on defendants in NYCAL and may oblige them to settle their claims for less than what they are entitled to. A mesothelioma lawyer in NYC will explain the benefits of filing a lawsuit and the options for financial restitution if you're diagnosed with mesothelioma, or other asbestos-related diseases.

New York State was the second-most popular jurisdiction for mesothelioma suits in the year 2019. It handled about 6% of the national asbestos litigation. It is estimated that as many as 13,000 patients have been diagnosed with mesothelioma within the state. The majority of the victims are contractors or workers who were exposed to asbestos when it was used in industrial processes.

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

It is important to file your mesothelioma lawsuit in a timely fashion however, it is important to consult mesothelioma lawyers who can assist you in seeking the most monetary restitution. Contact a mesothelioma lawyer from NYC today to set up a free no-obligation consultation. Your attorney will be able to discuss your rights to financial compensation from an asbestos trust fund.

Damages

If you're suffering from mesothelioma or any other asbestos-related disease, a successful lawsuit may provide your family with compensation for their losses. Compensation may cover medical bills, lost wages due to inability to work, home-care expenses, mental stress and settlements pain loss of quality funeral and burial costs, as well as other expenses. A seasoned New York mesothelioma attorney will examine the parties responsible and gather evidence to back your claims. Your lawyer can then bring a civil suit before the statute of limitations expires in your state.

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

According to a research study conducted recently, New York City is the main hub in the country for asbestos litigation. Asbestos victims received billions in settlements and verdicts. Mesothelioma is a deadly cancer caused by exposure to dangerous asbestos 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 litigation group-related illnesses. The lawsuits seek punitive damages, which are awarded 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 offers defendants the chance to have a shot of hope in their fight to stay clear of punitive damages. They were in danger of large judgments in the past with the theory that their conduct had been so indecent that they had to pay damages for punitive harm to deter other people from following suit.

Now, with the ruling in favor of plaintiffs, businesses named as defendants in NYCAL cases could be dismissed in a significant proportion of their cases. Even if they were to be dismissed but they'd still have to pay legal fees to defend a case they did not deserve to be in.