New York Asbestos Litigation

New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma is a very serious asbestos-related illness with a long latency period is the second most frequent mesothelioma-related case in the United States in the year 2019.

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

Expert Testimony

New York asbestos attorneys rely heavily on the testimony of experts to support their client's claims. Expert witness fees can account for an enormous portion of total costs involved in asbestos litigation. Lawyers for both sides can spend a lot of time in preparation to question an expert, and experts can charge thousands of dollars per day. Therefore, it is essential that litigants carefully study and evaluate potential experts prior to contacting them. If they don't, it could result in a failure of the Daubert Challenge and lost cases.

New York has a rich industrial past, and many workers have been exposed to toxic asbestos. Many of these workers have developed asbestos-related illnesses, including mesothelioma and lung cancer. People who have been affected by these diseases are entitled to compensation from companies that exposed them to asbestos.

asbestos lawyer suits are quite common in New York and the judges are familiarized with the issues. The courts, for example, expedite trials for seriously ill plaintiffs and combine cases when necessary to reduce trial costs. The courts also examine their discovery procedures to ensure that they are effective and up-to-date.

In one case of note, Brown v. Weitz & Luxenberg, the First Department held that conclusory cumulative exposure statements by plaintiffs' experts were insufficient to establish causation in an asbestos case. The defendants appealed the decision and a decision is expected soon.

The court's decision is expected to have a profound impact on asbestos litigation in New York. There are currently mesothelioma-specific law firms pepper daytime TV with advertisements urging people to bring asbestos lawsuits, promising huge settlements. The niche litigation was especially lucrative for plaintiffs' lawyers who repaid millions of referral fees to Sheldon Silver. Silver was recently convicted of federal corruption charges in relation to the millions he made by sending asbestos cases to their firm.

In addition to these legal developments, New Yorkers must remain aware of the possibility of asbestos exposure in their work environments 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 help you receive the compensation that you deserve.

Asbestos exposure can lead to serious illnesses like mesothelioma or lung cancer. These diseases are agressive and have a long latency period which means that patients may only have begun suffering from symptoms as recently as 20 or 25 years after their first exposure. Fortunately, there are steps that workers can take to protect themselves against asbestos exposure and avoid future illness. In recent years, the asbestos litigation landscape has seen a number of major changes. The most significant change came in 2015 when the political establishment was shaken to its core by the conviction on federal corruption charges against the former Assembly Speaker Sheldon Silver. Silver's corruption convictions stemmed from a secret moonlighting at the law firm of Weitz & Luxenberg, which was where he earned millions of dollars in referral fees for the firm.

The new Albany landscape is also impacted by the courtroom political machinations of the NYCAL docket. The long-time head of the NYCAL docket, Justice Sherry Klein Heitler was sacked in 2021 following reports that she provided the "red-carpet treatment" to asbestos cases brought by Weitz & Luxenberg. In the wake of this reshuffle Justice Peter Moulton has taken charge of NYCAL. His decisions 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 by denying the cumulative exposure theory that was prevalent 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 they are speculative or fraudulent.

In Reid in Reid Abex the Court of Appeals supported asbestos defense lawyers in their efforts to compel plaintiffs to prove a causal connection between asbestos-related diseases and products to which they were exposed. In this case, 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 workplace exposure to asbestos.

Causation

The defendants will need to demonstrate that asbestos caused the disease. There is a consensus that exposure to asbestos-containing materials can trigger mesothelioma and other illnesses. However the law requires that plaintiffs demonstrate specific exposure to the products manufactured by certain defendants to be considered valid.

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

Juni has put a huge burden on defendants in NYCAL and could force them to settle their claims for less than they are entitled to. An attorney for mesothelioma in NYC will explain the benefits of filing a lawsuit and 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 mesothelioma-related jurisdiction suits in 2019. It handled 6percent of all asbestos litigation in the nation. It is estimated that around 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 because it was used in industrial applications.

The signs of mesothelioma aren't typically apparent until between 25 and 50 years after the first exposure. Many asbestos patients are fighting to receive the compensation they require for medical expenses as well as lost wages and companionship loss, in addition to damages.

While it is important to make a mesothelioma claim promptly however, it is equally important to work with an experienced mesothelioma lawyer who will assist you in obtaining the highest amount of financial compensation that you can. Call a mesothelioma attorney in NYC to set up a no-cost appointment, no-obligation. Your lawyer can assist you determine if you're eligible for financial compensation from an asbestos trust.

Damages

If you suffer from mesothelioma or any other asbestos-related illness A successful lawsuit could compensate your family's losses. Compensation could cover your medical bills, lost income from being unable to work and home care expenses as well as pain and suffering, mental anxiety, loss of quality of life, and funeral and burial expenses. An experienced New York mesothelioma attorney will look into the parties at fault and gather evidence to support your claims. Your lawyer will then bring a civil suit before the statute of limitations runs out in your state.

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

According to a study that was 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 deadly form of cancer is caused by asbestos fibers. It is a rare and fatal illness, but lawsuits brought against companies that exposed workers to asbestos cancer-causing substance have aided in compensating victims for their suffering.

In addition to compensating victims of mesothelioma and other asbestos-related diseases, these lawsuits are aimed at punishing corporate wrongdoers. The lawsuits seek punitive damages, which are awarded in addition to compensatory damages. They are designed to discourage the defendant's behavior in the future and deter others from taking part in a similar course of action.

The NYCAL decision gives defendants hope that they will avoid punitive damages. In the past, they faced the possibility of huge judgments in these cases, with the prevailing theory that their conduct was so outrageous that they should be forced to pay punitive damages in order to discourage others from committing the same crime.

With the ruling in favor plaintiffs, it is likely that many of the businesses that were named as defendants will be disqualified. This is because, even if they are dismissed, they will need to incur legal fees to defend a case that they did not deserve to be involved in.