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 a long period of latency, is the second most prevalent mesothelioma-related case in the United States in 2019.

Recent NYCAL decisions will have a profound effect on the defense of asbestos lawsuits. These decisions could result in a large number of summary judgment motions based on test results of the defendant's fiber/cc and expert reports that put any respirable exposure under an ambient exposure threshold.

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 make up a significant portion of total case costs. Both sides can spend hundreds hours preparing to confront an expert. Experts can charge thousands of dollars per day. For this reason, it is essential for litigants to examine and verify potential experts prior to their appointment. Failure to do this can result in a shaky Daubert Challenge or losing cases.

New York has a rich industrial past, and many workers have been exposed to asbestos, which is toxic. Many of these workers have developed asbestos-related illnesses, such as mesothelioma and lung cancer. People who have suffered from these conditions are entitled to compensation from companies who exposed them to asbestos.

Asbestos suits are commonplace in New York and the judges are knowledgeable about the issue. The courts, for example speed up trials in cases of terminally ill plaintiffs and consolidate cases when needed to reduce the cost of trial. The courts also review their discovery procedure to ensure that they are effective and up-to date.

In a landmark case, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements by plaintiffs’ experts were not sufficient to establish causality. The case was then appealed by defendants, and a ruling is expected soon.

The court's decision is expected to have a major impact on asbestos litigation in New York. There are currently mesothelioma-specific law firms fill the air with ads urging victims to file asbestos lawsuits, promising giant settlements. The niche litigation was especially lucrative for plaintiffs' attorneys who repaid millions of referral fees to Sheldon Silver. Silver was recently found guilty of federal corruption charges relating to the millions he earned by directing asbestos cases to their firm.

New Yorkers must continue to be vigilant at work and communities to avoid asbestos exposure. Asbestos lawsuits are on the increase, and New York is among the most sought-after jurisdictions for mesothelioma verdicts.

Summary Judgment

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

Asbestos exposure could lead to serious diseases such as mesothelioma and lung cancer. These diseases are aggressive, and they have a long period of latency. This means that patients might not be experiencing symptoms until 20 or 25 years after their first exposure. There are steps workers can take to prevent asbestos exposure and future disease. Several major changes have occurred in the asbestos attorney litigation environment in recent years. In 2015, the political establishment in New York was shook to its foundation by the conviction of Sheldon S. Silver for federal corruption charges. Silver's convictions for corruption stemmed from his secret employment at the law firm Weitz & Luxenberg. He made millions in referral fees.

The new Albany landscape is also impacted by the courtroom political machinations of the NYCAL docket. Justice Sherry Klein Heitler was removed as the long-time manager of the NYCAL docket in 2021 amid reports that she had given the "red carpet treatment" to asbestos claims filed by Weitz & Luxenberg. Following this reshuffle, Justice Peter Moulton has taken charge of NYCAL. His decisions have placed a heavy burden on defendants, making it almost impossible for them to obtain summary judgment.

In Juni, the Court of Appeals dealt NYCAL a harsh dose of truth, rejecting the cumulative exposure theory that was becoming popular in the litigation, and calling for plaintiffs to establish specific causation by proving it through scientific explanation by their experts. This decision gives New York asbestos attorneys a powerful weapon to defend against allegations that claims are false or speculative.

In Reid in Reid Abex, the Court of Appeals also gave asbestos defense lawyers support for their efforts to require plaintiffs to establish a specific causal link between their asbestos-related illness and the particular products that they were exposed to. In this ruling, plaintiffs are required to prove that their asbestos-related disease was caused by specific friction materials or linings supplied 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. There is a consensus that exposure to asbestos-containing materials can cause mesothelioma or other diseases. However, the law requires plaintiffs demonstrate specific exposure to the products made by certain defendants for their claims to be successful.

This is a tough standard to achieve, particularly in NYCAL where a single judge is responsible for the entire NYC asbestos litigation. In the 16 years since Parker, New York courts struggle to apply the rules from that case. In 2016, the First Department in Matter of NYC Asbestos Litigation, (Juni), ruled the testimony of an expert that a plaintiff "regularly" exposed himself to friction products containing asbestos was not enough to satisfy the requirements of causality specific to Nemeth.

Juni has placed a significant burden on defendants and may oblige them to pay a lower amount than they are entitled. A mesothelioma lawyer in NYC can explain to you the benefits of filing suit and your options to receive financial compensation if you have been diagnosed with mesothelioma.

New York State was the second most popular state for mesothelioma suits in the year 2019. It handled about 6% of the asbestos litigation across the country. Around 13,000 people have been diagnosed with the disease in New York. The majority of those affected are contractors or workers who were exposed to asbestos when it was being used in industrial applications.

The signs of mesothelioma generally don't manifest until between 25 to 50 years after the initial exposure. Many asbestos patients are fighting for the compensation they need to cover medical expenses, lost wages and companionship loss, in addition to other damages.

While it is essential to make a mesothelioma claim in a timely manner, it is also crucial to partner with a seasoned mesothelioma lawyer who will help you pursue the maximum amount of financial restitution that is possible. Contact a mesothelioma lawyer in NYC to schedule a free appointment that is no-obligation. Your lawyer can help determine if you're eligible to receive financial compensation from an asbestos trust.

Damages

If you're suffering from mesothelioma or any other asbestos-related disease A successful lawsuit can provide your family with compensation for their losses. Compensation may cover medical bills as well as lost wages due to inability to work, home-care expenses, mental anguish and pain loss of quality, funeral and burial costs, and other expenses. A seasoned New York mesothelioma attorney will examine the parties responsible and collect evidence to support your claims. After that, your lawyer can file a lawsuit in civil court before the state's time limit expires.

The courts are familiar with asbestos lawsuits, and they have dockets 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 higher risks associated with asbestos exposure and are trained to ensure that justice is served.

According to a study conducted recently, New York City is a national hub for asbestos litigation. Asbestos victims have received billions of dollars in settlements and verdicts. Mesothelioma is a fatal cancer caused by exposure to harmful asbestos fibers. It is a rare, incurable cancer. However, lawsuits filed against companies that exposed workers to asbestos fibers have helped compensate victims.

In addition to remunerating the victims of mesothelioma and other asbestos-related diseases, these lawsuits are aimed at securing the retribution of corporate wrongdoers. These lawsuits seek punitive damages awards in addition to compensatory damages. The lawsuits are meant to deter the defendant from repeating the same conduct in the future.

The NYCAL decision gives defendants the chance to avoid punitive damages. Prior to this, they been facing the prospect of huge judgments in these cases according to the prevalent view that their conduct was so egregious that they had to pay punitive damages in order to discourage others from following their lead.

With the decision in favor of plaintiffs, it is likely that many of the companies named as defendants will be dismissed. This is because even if they're dismissed, they will be required to pay legal fees to defend a case they did not merit to be involved in.