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New York Asbestos Litigation

New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma is an asbestos-related serious illness that has prolonged latency.

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

Expert Testimony

New York asbestos attorneys rely heavily on the testimony of experts to back up their client's claims. Asbestos litigation can be very expensive and expert witness costs account for a significant percentage of total case costs. Both sides can spend hundreds hours preparing to confront an expert. Experts can charge thousands of dollars per day. This is why it is essential for litigants to thoroughly examine and verify potential experts prior to their appointment. In the absence of this, it could result in a shaky Daubert Challenge and lost cases.

New York has had a long industrial history. Many workers were exposed to asbestos. Many of these workers developed asbestos-related diseases, such as mesothelioma, lung cancer, and so on. Those who have suffered from these ailments can seek compensation from the companies who exposed them to asbestos.

Asbestos suits are commonplace in New York and the judges are familiarized with the issues. The courts, for instance expedite trials in cases of terminally ill plaintiffs and consolidate cases when necessary to reduce trial costs. In addition 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 of plaintiffs' experts did not prove causation. The defendants appealed the case, and the decision is expected to be made soon.

The court's ruling is expected to impact asbestos litigation throughout New York. The mesothelioma lawyers are bombarding the daytime TV with ads which encourage victims to file asbestos lawsuits, promising huge settlements. The niche litigation was especially lucrative for plaintiffs' attorneys 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 sending asbestos cases to their firm.

In addition to these legal developments, New Yorkers need to remain aware of the possibility of asbestos exposure in their work environments and communities. Asbestos-related lawsuits are on the rise and New York is one of the top jurisdictions for mesothelioma cases.

Summary Judgment

A New York asbestos attorney can help you receive the compensation you deserve.

Asbestos exposure can cause serious diseases such as mesothelioma or lung cancer. These diseases are aggressive and have a long period of latency which means that the victims could start experiencing symptoms as recently as 20 or 25 years after the initial exposure. There are steps workers can take to avoid asbestos exposure and a subsequent disease. A number of major changes have taken place in the asbestos litigation landscape in recent years. In 2015, the political establishment in New York was shook to its core by Sheldon Silver's conviction for federal corruption charges. 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 long-time supervisor of the NYCAL docket, Justice Sherry Klein Heitler was replaced in 2021 following reports that she had given the "red-carpet treatment" to asbestos cases brought by Weitz & Luxenberg. In the wake of this reshuffle Justice Peter Moulton has taken the charge of NYCAL. His decisions have placed a significant burden on defendants, making it almost impossible for them to obtain summary judgment.

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 using sufficient scientific proof from their experts. This ruling gives New York asbestos attorneys a powerful tool to defend against claims that claim they are speculative or fraudulent.

In Reid in Reid Abex the Court of Appeals supported asbestos defense lawyers in their efforts to force plaintiffs to establish a causal connection between asbestos-related illnesses and the products to which they were exposed. In this case, plaintiffs are required to demonstrate that their asbestos-related condition was caused by specific friction materials or linings offered by the defendant, rather than general exposure to asbestos in the workplace.

Causation

The most difficult challenge facing defendants in asbestos attorney cases is the need to prove causation. It is generally accepted that a person's exposure to certain asbestos-containing materials is a cause of mesothelioma, among other illnesses, but the law requires plaintiffs to establish the specific exposure to products produced by particular defendants to prevail on their claims.

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

Juni has placed a significant burden on defendants in NYCAL and may oblige them to settle their claims at a lower amount than they are entitled to. An attorney for mesothelioma in NYC can explain the advantages of filing a lawsuit and the options for restitution financial if you're diagnosed with mesothelioma or any other asbestos-related diseases.

New York state was the second most popular state for mesothelioma lawsuits in 2019 and handles about 6% of the national asbestos litigation. It is estimated that up to 13,000 people have been diagnosed with mesothelioma within the state. The majority of the victims were contractors or employees who were exposed to asbestos as it was used in industrial processes.

The signs of mesothelioma typically are not evident until the age of 25 to 50 years after the initial exposure. Many asbestos patients are fighting for the compensation they require to pay for medical expenses and lost wages, as well as loss of companionship and other damages.

While it is essential to file a mesothelioma lawsuit promptly however, it is equally important to consult with a knowledgeable mesothelioma attorney who can help you obtain the maximum financial restitution possible. Contact a mesothelioma attorney in NYC today to set up a free no-obligation consultation. Your lawyer can help you determine your eligibility for financial restitution from an asbestos trust fund.

Damages

If you have mesothelioma, or another asbestos-related disease, a successful lawsuit can pay for the losses of your family. Compensation could pay for medical bills, income loss from being unable to work and home care expenses, pain and suffering, mental anguish and loss of quality of life and funeral and burial expenses. A seasoned New York asbestos lawyer will examine the parties responsible to collect evidence and support your claim. Your lawyer will then start a civil lawsuit before the statute of limitations runs out in your state.

The courts have specialized dockets for asbestos cases that streamline the process. They accelerate trials for plaintiffs with terminal illnesses and put similar cases together. In addition the judges who decide these cases are aware of the heightened risks associated with asbestos exposure and are trained to ensure justice is served.

According to a study conducted recently, New York City is the nation's hub for asbestos litigation. Asbestos victims have received billions of dollars in settlements and verdicts. Mesothelioma, a deadly cancer, is caused by asbestos fibers. It is a rare, incurable type of cancer. However lawsuits filed against companies that exposed workers to asbestos fibers have led to compensation for victims.

These lawsuits are designed to punish corporate wrongdoers as indemnizing victims of mesothelioma or other asbestos-related diseases. These lawsuits seek punitive damage awards, which are in addition to compensatory damages. The intent of the lawsuits is to discourage the defendant from repeating the same conduct in the future.

However, the NYCAL decision offers defendants an opportunity to win their fight to stay clear of punitive damages. Prior to this, they faced the prospect of massive judgments in these cases, with the prevailing theory that their conduct was so egregious that they must pay punitive damages to deter others from committing the same crime.

With the ruling in favor of plaintiffs, it is expected that many of the companies named as defendants will be dismissed. Even if they are dismissed however, they will still need to pay legal fees to defend a case they did not deserve to be in.