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

Recent NYCAL decisions will have a significant impact on the defense of asbestos lawsuits. These decisions will likely result in a number of summary judgment motions based on the asbestos defendant's tests for fiber/cc as well as expert reports that place any exposure that can be deemed respirable below an exposure threshold in the ambient.

Expert Testimony

New York asbestos attorneys rely heavily on the testimony of experts to prove their clients' claims. Expert witness fees can account for significant proportion of total costs in asbestos litigation. Both sides can spend hundreds hours in preparation to question an expert. Experts can charge thousands of dollars per day. This is why it is crucial for litigants to thoroughly study and evaluate potential experts prior to hiring them. Failure to do so can 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 suffered asbestos-related illnesses, including mesothelioma as well as lung cancer. They can seek compensation from the companies who exposed them to asbestos.

Asbestos suits are commonplace in New York and the judges are knowledgeable about the issue. For example, the courts speed up trials for terminally ill plaintiffs, and they often consolidate cases to lower costs for trial. Additionally, courts regularly review their discovery procedures to ensure that 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 did not suffice to prove causation. The case was appealed by defendants, and a ruling is expected soon.

The court's ruling is expected to have an impact on asbestos litigation in New York. Mesothelioma lawyers have been bombarding the daytime TV with ads which encourage victims to file asbestos suits, promising huge settlements. The niche litigation has proven particularly lucrative for plaintiffs' attorneys who have paid millions of dollars in referral fees to former Assembly Speaker Sheldon Silver, who was recently convicted on federal corruption charges relating to the millions of dollars he made from directing asbestos cases to his firm.

In addition to these legal developments, New Yorkers need to remain aware of the possibility of asbestos exposure at work and in their communities. 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 assist you in obtaining the settlement you're due.

asbestos attorneys exposure is often the cause of serious diseases, such as mesothelioma and cancer of the lung. These illnesses are extremely serious and have a long period of latency which means that patients may be experiencing symptoms as recently as 20 or 25 years after their initial exposure. There are steps workers can take to prevent asbestos exposure and future illnesses. A number of major changes have taken place 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 foundation following the conviction on federal corruption charges against former Assembly Speaker Sheldon Silver. Silver's convictions for corruption stemmed from his secret work at the law firm Weitz & Luxenberg. He used this to earn millions of referral fees.

The courtroom politics on the NYCAL docket have also impacted the new Albany landscape. The longtime manager of the NYCAL docket, Justice Sherry Klein Heitler was sacked in 2021 following reports that she provided the "red-carpet treatment" to asbestos cases filed by Weitz & Luxenberg. Following this reshuffle, Justice Peter Moulton has taken charge of NYCAL. His decisions have made it difficult for defendants to get the benefit of a summary judgement.

In Juni, the Court of Appeals gave NYCAL a hefty dose of reality by denying the theory of cumulative exposure that was a popular argument in the litigation. Instead it required plaintiffs prove causality with enough scientific evidence from their experts. This ruling provides New York asbestos attorneys a powerful weapon to defend against allegations that claims are fraud or speculative.

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

Causation

The defendants will need to prove that asbestos caused the disease. It is generally accepted that a person's exposure to certain asbestos lawyers-containing materials is a cause of mesothelioma, among other diseases, however, the law requires plaintiffs to prove specific exposure to products manufactured 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 the entire NYC asbestos litigation. In the 16 years since Parker, New York courts have struggled to apply the principles from that case. In 2016, for example the First Department in Matter of NYC Asbestos Litigation (Juni) decided that a plaintiff's expert declaration that he "regularly exposed" himself to asbestos-containing friction products was not sufficient under Nemeth to establish a specific causality.

Juni has placed a significant burden on defendants in NYCAL and may force 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 as well as your options for restitution in the event that you're diagnosed with mesothelioma, or other asbestos-related diseases.

New York state was the second most popular state for mesothelioma-related lawsuits in 2019 and is responsible for 6% of national asbestos litigation. Around 13,000 people are estimated to have been diagnosed with the disease in New York. The majority of patients were workers or contractors exposed to asbestos in industrial settings.

The signs of mesothelioma generally don't manifest until between 25 to 50 years after initial exposure. Many asbestos victims are now fighting to get the compensation they need to cover medical costs as well as lost wages, loss of companionship and other damages.

It is important to file your mesothelioma suit in a timely fashion however, it is important to consult a mesothelioma lawyer who can assist you in seeking the most monetary restitution. Contact a mesothelioma lawyer in NYC today to schedule a free no-obligation consultation. Your lawyer can assist you determine if you are qualified for financial compensation from an asbestos trust.

Damages

If you're suffering from mesothelioma or any other asbestos-related illness, a successful lawsuit could provide your family with compensation for their losses. Compensation could cover medical expenses, lost wages due to inability to work, home care expenses, mental anguish and pain, loss of quality, funeral and burial costs, and other expenses. An experienced New York asbestos lawyer will investigate the responsible parties to collect evidence and support your claim. After that, your lawyer will start a civil lawsuit in court before your state's statute of limitations expires.

The courts have dockets specialized for asbestos cases to streamline the process. They accelerate trials for terminally ill plaintiffs and group similar cases together. Judges who handle these cases have been trained to ensure justice and are aware of the increasing dangers associated with asbestos lawsuit.

According to a study that was conducted recently, New York City is the nation's hub for asbestos litigation. Asbestos-related victims have claimed billions of dollars in settlements and verdicts. Mesothelioma is a deadly cancer that is caused by exposure to hazardous asbestos fibers. It is an uncommon, incurable cancer. However, lawsuits filed against companies that exposed workers to asbestos fibers have resulted in compensation for victims.

These lawsuits aim to punish corporate wrongdoers as well as compensating victims of mesothelioma or other asbestos-related diseases. These lawsuits seek punitive damage awards in addition to compensatory damages. They are intended to deter the defendant's conduct in the future and deter others from engaging in a similar action.

However, the NYCAL decision gives defendants an opportunity to win their battle to stay clear of punitive damages. They faced the prospect of large judgments in the past, in the belief that their conduct had been so egregious, that they should pay damages for punitive harm to discourage others from committing the same offense.

With the decision in favor of plaintiffs, businesses named as defendants in NYCAL cases are likely to be dismissed in a large proportion of their cases. Even if they are dismissed, they would still have to pay legal fees to defend a case that they did not deserve to be involved in.