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 will have a significant impact on the defense of asbestos suits. These decisions are likely to result in a large number of summary judgment motions based upon the asbestos lawsuits defendant's tests for fiber/cc as well as expert reports that place any respirable exposure under an exposure threshold in the ambient.

Expert Testimony

New York asbestos attorneys rely heavily on the testimony of experts to support their client's claims. Asbestos litigation is expensive, and expert witness fees represent a significant proportion of the total cost. Both sides can spend hundreds hours preparing to question an expert. Experts can charge thousands of dollars per day. It is crucial that litigants conduct thorough research and vet possible experts prior to interviewing them. In the absence of doing so, it could result in a failed Daubert contest and a loss of cases.

New York has a rich industrial history, and many workers have been exposed to toxic asbestos. Many of these workers have developed asbestos-related diseases, including mesothelioma, lung cancer, and so on. Those who have suffered from these ailments are entitled to compensation from companies who exposed them to asbestos.

Asbestos suits are quite common in New York and the judges are familiarized with the issues. For example, the courts expedite trials for terminally patients, and often consolidate cases to lower costs for trial. The courts also periodically examine their discovery procedures to ensure that it is effective and up-to date.

In a landmark case, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements made by plaintiffs' experts did not suffice to prove the causality. The case was re-argued by the defendants, and a decision is expected soon.

The court's decision is expected to impact asbestos litigation in New York. The mesothelioma lawyers are bombarding the daytime TV with ads that encourage asbestos victims to file lawsuits, promising massive settlements. The niche litigation was particularly lucrative for plaintiffs' lawyers who paid millions in referral fees to Sheldon Silver. Silver was recently convicted of federal corruption charges relating to the millions he made by the asbestos cases he directed to their 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 lawyers-related lawsuits are on the increase and the state is one of the most sought-after jurisdictions for mesothelioma verdicts.

Summary Judgment

A New York asbestos attorney can assist you in receiving the amount of compensation you are due.

Asbestos exposure can lead to serious illnesses, such as mesothelioma as well as lung cancer. These diseases are aggressive, and they have a long time to develop. This means that the victims may not be experiencing symptoms until twenty or 25 years after their first exposure. There are steps that workers can take to prevent asbestos exposure and a subsequent disease. In recent years the asbestos lawyer litigation landscape has seen a number of major changes. The most significant change occurred in 2015 in which the New York political establishment was shaken to the core by the conviction on federal corruption charges of former Assembly Speaker Sheldon Silver. Silver's convictions for corruption stemmed from his shady employment at the law firm Weitz & Luxenberg. He used this to earn millions of referral fees.

The courtroom politics on the NYCAL docket have also shaken up the new Albany landscape. The longtime manager of the NYCAL docket, Justice Sherry Klein Heitler, was replaced in 2021 amid reports that she had given the "red-carpet treatment" to asbestos cases brought by Weitz & Luxenberg. Following this reshuffle, Justice Peter Moulton has taken charge of NYCAL. His rulings have placed a heavy burden on defendants, making it virtually impossible for them to obtain summary judgment.

In Juni, the Court of Appeals gave NYCAL an ominous dose of reality, rejecting the theory of cumulative exposure that was popular in the litigation. Instead, it demanded that plaintiffs establish a specific causality with enough scientific evidence from their experts. This decision gives New York asbestos attorneys a powerful tool to defend against claims that claim to be fraud or speculative.

In Reid in Reid Abex the Court of Appeals supported asbestos defense lawyers in their efforts to require plaintiffs to prove a causal link between asbestos-related illnesses and the products to which they were exposed. In this decision plaintiffs must prove that their asbestos-related disease was caused by specific friction materials or linings supplied by the defendant, not general exposure to asbestos in the workplace.

Causation

The most difficult challenge facing defendants in asbestos cases is the need to prove causation. The general consensus is that exposure to asbestos-containing materials can lead to mesothelioma or other diseases. However, the law requires plaintiffs demonstrate specific exposure to the products manufactured by certain defendants to be considered valid.

This is a difficult standard to meet, particularly in NYCAL where only one judge oversees all NYC asbestos litigation. In the 16 years since the decision of Parker, New York courts have been unable to apply the principles of that 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 causality.

Juni has placed a huge burden on defendants and could force them to settle their claims for a lower amount than they are entitled. A mesothelioma attorney 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 jurisdiction for mesothelioma lawsuits in 2019, and it handles 6percent of all asbestos litigation. Up to 13,000 people are estimated to have been diagnosed with the disease in New York. Most of the victims were contractors or employees who were exposed to asbestos when it was employed in industrial applications.

Symptoms of mesothelioma are not typically apparent until 25 to 50 years after exposure. Many asbestos victims are now fighting to get the compensation they need to cover medical costs, lost wages, loss of companionship and other losses.

It is essential to file your mesothelioma suit promptly, but it is also essential to work with mesothelioma lawyers who can help you seek the highest amount of financial compensation. Contact a mesothelioma lawyer in NYC to set up a free appointment that is no-obligation. Your lawyer can assist determine if you're eligible for financial compensation from an asbestos trust.

Damages

If you have mesothelioma, or any other asbestos-related illness A successful lawsuit could help your family recover losses. Compensation could cover your medical bills, income loss from being unable and home care expenses as well as pain and suffering, mental anxiety, loss of quality of life, and funeral and burial costs. A seasoned New York mesothelioma attorney will investigate the responsible parties and gather evidence to support your claims. After this, your lawyer may start a civil lawsuit in court before your state's statute of limitations runs out.

The courts are familiar with asbestos lawsuits, and have dockets that are specifically designed to streamline the process. They expedite trials for terminally-ill plaintiffs, and group similar cases. In addition the judges who handle 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 main hub in the country for asbestos litigation. Asbestos victims have received billions of dollars in settlements and verdicts. Mesothelioma is a cancer that can be fatal that is caused by exposure to hazardous asbestos fibers. It is an uncommon, incurable cancer. However lawsuits brought against companies who exposed workers to asbestos fibers have resulted in compensation for 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 awarded in addition to compensatory damages. They are intended to deter the defendant's conduct in the future, and discourage others from engaging in a similar course of action.

The NYCAL decision gives defendants hope that they will stay clear of punitive damages. In the past, they faced the possibility of huge judgments in these cases, according to the popular belief that their conduct was so outrageous that they must pay punitive damages to prevent others from committing the same crime.

With the decision in favor of plaintiffs, companies that are named as defendants in NYCAL cases can expect to be dismissed in a substantial percentage of their cases. This is because, even if they are dismissed, they will need to incur legal costs to defend a case they did not merit to be involved in.