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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 disease that is serious and has prolonged latency.

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

Expert Testimony

New York asbestos attorneys rely heavily on the testimony of expert witnesses to support their client's claims. Asbestos litigation can be extremely expensive and expert witness fees represent a significant proportion of the total costs. Lawyers for both sides could spend a lot of time prepping to interview an expert, and experts can charge thousands of dollars per day. This is why it is important for litigants to carefully research and vet potential experts in advance. In the absence of doing so, it could result in a sham Daubert contest and a loss of 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 and cancer of the lung. Anyone who has suffered from these ailments can recover compensation from the companies who exposed them to asbestos.

Asbestos lawsuits are a common in New York, and judges are well-versed in the issues involved. For instance, courts speed up trials for terminally ill plaintiffs, and they often consolidate cases to reduce trial expenses. In addition the courts are regularly reviewing their discovery procedures to make sure they are up-to-date and effective.

In one notable case, Brown v. Weitz & Luxenberg, the First Department held that conclusory statements of exposure cumulatively made from plaintiffs experts were not sufficient to establish the causation in asbestos cases. The defendants appealed the case and a decision is expected in the near future.

The court's decision is expected to have a major impact on asbestos litigation in New York. Mesothelioma lawyers have been bombarding television during the day with ads that encourage asbestos victims to file suits, promising huge settlements. The niche litigation was particularly lucrative for plaintiffs’ attorneys who paid millions of referral fees to Sheldon Silver. Silver was recently found guilty of federal corruption charges in relation to the millions he earned by sending asbestos cases to their firm.

In addition to these legal developments, New Yorkers must continue to be alert to asbestos exposure in their workplaces and communities. Asbestos lawsuits are on the increase and the state is one of the top jurisdictions for mesothelioma cases.

Summary Judgment

A New York asbestos attorney can assist you in receiving the compensation that you deserve.

Asbestos exposure is often the cause of serious diseases, including mesothelioma as well as 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 their initial exposure. There are steps workers can take to reduce the risk of asbestos exposure and a subsequent illnesses. In recent years, the asbestos litigation landscape has undergone several major changes. The most significant change came in 2015, when New York's political establishment was shaken to its foundation following the conviction on federal corruption charges against the former Assembly Speaker Sheldon Silver. Silver's convictions for corruption stemmed from his secret moonlighting at the law firm of Weitz & Luxenberg, which he used to earn millions of dollars in referral fees for the firm.

The new Albany landscape is also impacted by the courtroom politics of the NYCAL docket. Justice Sherry Klein Heitler was replaced as the longtime manager of the NYCAL docket in 2021 amidst reports that she had provided the "red carpet treatment" to asbestos-related claims filed by Weitz & Luxenberg. Following this reshuffle, Justice Peter Moulton has taken the reigns of NYCAL. His rulings have made it more difficult for defendants to obtain summary judgment.

In Juni the year 2003, 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 plaintiffs prove causation with sufficient scientific expression from their experts. This ruling provides New York asbestos attorneys a strong argument against claims that claim they are false or speculative.

In Reid v Abex, the Court of Appeals also gave asbestos defense attorneys support for their efforts to require plaintiffs to establish the existence of a specific causal connection between their asbestos-related disease and the specific products they were exposed to. In this case plaintiffs are required to prove that their asbestos-related disease was caused by specific friction materials or linings provided by the defendant, not general workplace exposure to asbestos.

Causation

The most significant challenge facing defendants in asbestos cases is the need to prove that there is a causal link. There is a consensus that exposure to asbestos-containing substances can trigger mesothelioma and other illnesses. However the law requires that plaintiffs be able to prove specific exposure to certain products produced by certain defendants in order to be successful.

This is a challenging standard to meet, particularly in NYCAL where a single judge oversees all NYC asbestos litigation. In the 16 years since the decision of Parker, New York courts have struggled to apply the principles outlined in the case. In 2016 the First Department in Matter of NYC asbestos lawyers Litigation, (Juni) ruling that an expert's evidence that plaintiff "regularly" exposed himself to friction products that contained asbestos was not sufficient to establish specific causality under Nemeth.

Juni has placed a significant burden on defendants, and could force them settle their claims at less than what they are entitled to. A mesothelioma attorney in NYC can explain the advantages of filing a suit and your options for restitution financial if you're diagnosed with mesothelioma or other asbestos-related diseases.

New York state was the second most popular jurisdiction for mesothelioma-related lawsuits in 2019, and it handles about 6% of the national asbestos litigation. It is estimated that as many as 13,000 people have been diagnosed with mesothelioma within the state. The majority of patients were contractors or workers exposed to asbestos in industrial applications.

The symptoms of mesothelioma usually are not evident until the age of 25 to 50 after the initial exposure. Many asbestos patients are battling to obtain the compensation they require to cover medical costs as well as lost wages, loss of companionship and other damages.

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

Damages

If you're suffering from mesothelioma, or another asbestos-related illness, a successful lawsuit may provide your family with compensation for their losses. Compensation could cover medical expenses, lost wages due to inability to work, home-care expenses, mental stress and suffering loss of quality funeral and burial costs, as well as other expenses. An experienced New York asbestos lawyer will investigate the responsible parties to gather evidence and prove your claim. After that, your lawyer will bring a lawsuit in civil court before the time limit expires.

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 who decide these cases are aware of the increased dangers associated with asbestos lawsuit exposure and are trained to ensure justice is served.

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

These lawsuits seek to punish corporate wrongdoers as well as compensating victims of mesothelioma or other asbestos-related illnesses. The lawsuits seek punitive damages which are given in addition to compensatory damages. The lawsuits are designed to deter the defendant from repeating the same conduct in the future.

The NYCAL decision gives defendants hope that they will avoid punitive damages. They were in danger of massive judgments in the past with the theory that their conduct was so indecent that they should pay damages for punitive harm to deter other people from committing the same offense.

With the decision in favor of plaintiffs, it is likely that many of the companies that were named as defendants will be dismissed. 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.