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New York Asbestos Litigation

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

Recent NYCAL decisions will have a profound effect on the defense of asbestos lawsuits. These decisions are likely to result in a significant number of summary judgment motions based on defendant's fiber/cc tests and expert reports that place any respirable exposure under an exposure threshold in the ambient.

Expert Testimony

New York asbestos lawyers rely heavily on expert witness testimony to back their clients claim. Expert witness fees can make up a an enormous portion of total cost of asbestos litigation. Both sides could spend hundreds of hours preparing to confront an expert. Experts can charge thousands of dollar per day. Therefore, it is essential for litigants to thoroughly examine and verify potential experts prior to hiring them. In the absence of this, 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 developed asbestos-related diseases, including mesothelioma and lung cancer. They can seek compensation from the businesses who exposed them to asbestos.

Asbestos suits are quite common in New York and the judges are well-versed in the subject. The courts, for example expedite trials for patients who are terminally ill and consolidate cases when necessary to reduce the cost of trial. The courts also periodically examine their discovery procedures to ensure that they are efficient and current.

In a case that is notable, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements by plaintiffs’ experts did not 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 profound impact on asbestos litigation in New York. Mesothelioma lawyers have been bombarding television during the day with ads that encourage asbestos victims to file lawsuits, promising massive settlements. The niche litigation has been particularly lucrative for plaintiffs' lawyers who have paid millions of dollars in referral fees to former Assembly Speaker Sheldon Silver, who was recently convicted on federal corruption charges related to the millions of dollars he made by directing asbestos cases to his firm.

In addition to these legal developments, New Yorkers should continue to be aware of the possibility of asbestos exposure in their workplaces and communities. Asbestos lawsuits have been on the rise and New York is among the the top jurisdictions for mesothelioma cases.

Summary Judgment

A New York asbestos lawyer can assist you in obtaining the settlement you're entitled to.

Asbestos exposure is often the cause of serious diseases, including mesothelioma as well as lung cancer. These illnesses are extremely serious and have a long time of latency which means that patients may only have begun experiencing symptoms as recently as 20 or 25 years after their initial exposure. There are ways for workers to protect themselves against asbestos exposure and prevent future illnesses. In recent years, the asbestos litigation landscape has seen major changes. In 2015 the political establishment of 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 at the law firm of Weitz & Luxenberg, which employed him to earn millions of dollars in referral fees for the firm.

The new Albany landscape has also been shaken 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. Following this reshuffle, Justice Peter Moulton has taken the reigns of NYCAL. His rulings have placed a heavy burden on defendants, making it nearly impossible for them to get summary judgment.

In Juni, the Court of Appeals dealt NYCAL a harsh dose of truth, rejecting the cumulative-exposure theory that was popular in the litigation, and insisting that plaintiffs prove specific causation through sufficient scientific expression by their experts. This ruling provides New York asbestos attorneys a powerful tool to defend against allegations that claims are fraud or speculative.

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

Causation

The most difficult challenge facing asbestos defendants is the need to prove causation. It is generally accepted that exposure to asbestos-containing substances can cause mesothelioma, among other illnesses, but the law requires plaintiffs to establish specific exposure to products manufactured by particular defendants in order to be successful in their claims.

This is a challenging standard to meet, particularly in NYCAL where a single judge manages the entire NYC asbestos litigation. In the 16 years since Parker, New York courts have struggled to apply the principles outlined in this case. In 2016, for example, 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 specific causality.

Juni has imposed a substantial burden on defendants in NYCAL and could oblige them to settle their claims for less than they are entitled to. A mesothelioma lawyer in NYC can explain to you the benefits of filing suit and your options for financial compensation if have been diagnosed with mesothelioma.

New York State was the second most popular state for mesothelioma suits in the year 2019. It was the sole handler of 6% of all asbestos litigation across the country. Around 13,000 people have been diagnosed with the disease in New York. The majority of patients were workers or contractors exposed to asbestos in industrial settings.

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

While it is essential to make a mesothelioma claim promptly, it is also crucial to work with an experienced mesothelioma lawyer who can help you pursue the maximum financial restitution possible. Contact a mesothelioma lawyer from NYC today to schedule your free no-obligation consultation. Your lawyer can help determine if you're qualified for financial compensation from an asbestos trust.

Damages

If you suffer from mesothelioma or another asbestos-related disease, a successful lawsuit could compensate your family for your losses. Compensation may cover medical bills as well as lost wages due to inability to work, home-care expenses, mental anguish and pain, loss of quality funeral and burial costs, and other costs. A seasoned New York asbestos lawyer will examine the parties responsible to gather evidence and prove your claim. Your lawyer can then start a civil lawsuit before the statute of limitations runs out in your state.

The courts are familiar with asbestos lawsuits, and have dockets that are specifically designed to speed up the process. They expedite trials for terminally-ill plaintiffs, and group similar cases. In addition, the judges handling these cases are aware of the increased risk of asbestos exposure and are trained to ensure justice is served.

According to a study that was 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 fatal cancer, is caused by asbestos fibers. It is a rare and fatal illness, but lawsuits brought against companies that exposed workers to the cancer-causing substance have aided in compensating victims for their suffering.

These lawsuits aim to punish corporate wrongdoers as well in compensating mesothelioma victims or other asbestos-related diseases. 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.

The NYCAL decision gives defendants hope that they will avoid punitive damage awards. They had the possibility of huge judgments in the past, with the theory that their conduct had been so bad that they would have to pay damages for punitive harm to deter other people from following their example.

With the decision in favor of plaintiffs, it is expected that many of the companies named as defendants will be dismissed. This is because even if they get dismissed, they will still need to incur legal fees to defend a case they did not deserve to be involved in.