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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 long latency periods.

Recent NYCAL decisions are likely to have a significant impact on the defense of asbestos lawsuits. These decisions could result in extensive summary judgement motion practice focusing on the defendant's fiber/cc test as well as expert reports putting any exposure that is deemed to be respirable below the threshold of exposure to ambient air.

Expert Testimony

New York asbestos attorneys rely heavily on the testimony of expert witnesses to prove their clients' claims. Asbestos litigation can be very expensive and expert witness fees make up a significant portion of the total costs. Both sides can devote hundreds of hours in preparation to question an expert. Experts can charge thousands of dollars per day. It is crucial that litigants carefully research and vet possible experts prior to interviewing them. Failure to do so can result in a sham Daubert challenge or losing cases.

New York has a rich industrial history, and many workers have been exposed to asbestos, which is toxic. Many of these workers have been diagnosed with asbestos-related illnesses, such as mesothelioma and cancer of the lung. People who have been affected by these diseases can recover compensation from the companies 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 instance expedite trials in cases of patients who are terminally ill and consolidate cases when necessary to cut down on the cost of trial. The courts also review their discovery procedure 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 statements of exposure cumulatively made from plaintiffs' experts were insufficient to establish causation in an asbestos case. The defendants appealed the decision and the decision is expected to be made soon.

The court's decision is likely to have a major impact on asbestos litigation in New York. There are currently mesothelioma-specific law firms fill the air with commercials urging victims to file asbestos lawsuits, promising giant settlements. The specialized litigation has been particularly lucrative for plaintiffs' lawyers who have repaid millions of dollars in referral fees to former Assembly Speaker Sheldon Silver, who was recently found guilty of federal corruption charges related to the millions of dollars he earned from directing asbestos cases to his firm.

In addition to these legal developments, New Yorkers must continue to be vigilant about possible asbestos exposure at work and in their communities. Asbestos-related lawsuits are on the rise and New York is among the most prominent jurisdictions for mesothelioma verdicts.

Summary Judgment

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

Asbestos exposure is often the cause of serious illnesses, such as mesothelioma as well as lung cancer. These diseases are aggressive and have a long latency period which means that patients may only have begun feeling symptoms as recent as 20 or 25 years after the initial exposure. There are ways for workers to safeguard themselves from asbestos exposure and avoid a recurrence of illnesses. A number of major changes have taken place in the asbestos litigation environment in recent years. In 2015, the political establishment in New York was shook to its core by the conviction of Sheldon Silver on federal corruption charges. Silver's convictions for corruption stemmed from his shady work at the law firm Weitz & Luxenberg. He utilized this to earn millions of referral fees.

The courtroom politics on the NYCAL docket have also shaken up the new Albany landscape. The long-time head of the NYCAL docket, Justice Sherry Klein Heitler was sacked in 2021 amidst reports that she had given the "red-carpet treatment" to asbestos attorneys cases filed by Weitz & Luxenberg. Following this reshuffle, Justice Peter Moulton has taken the charge of NYCAL. His decisions have placed a significant burden on defendants, making it virtually impossible for them to get summary judgment.

In Juni, the Court of Appeals dealt NYCAL with a savage dose of truth, rejecting the cumulative exposure theory that had become fashionable in the litigation and requiring plaintiffs to prove the causation of their claims with sufficient scientific expression by their experts. This ruling provides New York asbestos attorneys a powerful weapon to defend against claims that claim they 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 that there is a causal link between their asbestos-related condition and the specific substances 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 provided by the defendant rather than general exposure to asbestos in the workplace.

Causation

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

This is a tough standard to meet, especially in NYCAL where only one judge oversees all NYC asbestos litigation. In the 16 years since Parker, New York courts have struggled to apply the principles outlined in the case. In 2016, for example the First Department in Matter of NYC Asbestos Litigation (Juni) decided that a plaintiff's expert evidence that he "regularly exposed" himself to friction products containing asbestos was not sufficient under Nemeth to establish a specific causation.

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

New York state was the second most popular state for mesothelioma lawsuits in 2019, and it handles 6% of national asbestos litigation. Around 13,000 people are estimated to have been diagnosed with the disease in New York. Most of the victims were workers or contractors exposed to asbestos in industrial settings.

Symptoms of mesothelioma are not typically evident until between 25 and 50 years after exposure. Many asbestos victims are now battling to obtain the compensation they require to pay for medical expenses as well as lost wages, loss of companionship and other losses.

It is crucial to file your mesothelioma suit promptly however, it is essential to work with an attorney for mesothelioma who can assist you in obtaining the maximum financial restitution. Contact a mesothelioma attorney from NYC to set up a free appointment that is no-obligation. Your lawyer can help determine if you're qualified to receive financial compensation from an asbestos trust.

Damages

If you're suffering from mesothelioma or a similar asbestos-related condition A successful lawsuit could help your family recover losses. Compensation can cover medical bills as well as lost wages due to inability to work, home care expenses, mental stress and suffering, loss of quality funeral and burial costs, and other costs. A seasoned New York asbestos lawyer will investigate the responsible parties to collect evidence and support your claim. Your lawyer can then bring a civil suit before the statute of limitations runs out in your state.

The courts are familiar with asbestos lawsuits and have specialized dockets to help simplify the process. They expedite trials for terminally-ill plaintiffs, and group similar cases. The judges handling these cases are trained to ensure justice and are aware of the higher dangers associated with asbestos.

According to a recent study, New York City is the national center for asbestos litigation. Asbestos victims have claimed billions of dollars in settlements and verdicts. Mesothelioma is a deadly form of cancer, is caused by asbestos lawsuit fibers. It is a rare, incurable type of cancer. However lawsuits brought against companies who exposed workers to asbestos fibers have helped compensate victims.

These lawsuits are designed to penalize corporate wrongdoers as as compensating victims of mesothelioma or other asbestos-related illnesses. The lawsuits seek punitive damages, which are granted in addition to compensatory damages. They are intended to deter the defendant's actions in the future and deter others from engaging in a similar action.

However, the NYCAL decision provides defendants with a glimmer of hope in their struggle to stay out of punitive damages. They were in danger of huge judgments in the past, with the theory that their conduct was so bad that they should pay damages for punitive harm to discourage others from committing the same offense.

With the decision in favor of plaintiffs, firms that are named as defendants in NYCAL cases can expect to be dismissed in a significant portion of their cases. Even if they were to be dismissed, they would still have to pay legal fees to defend a case they didn't deserve to be in.