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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 attorney-related disease that is serious and has prolonged latency.

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

Expert Testimony

New York asbestos attorneys rely heavily on the testimony of experts to prove their clients' claims. Expert witness fees can make up a a large percentage of the total cost of asbestos litigation. Lawyers on both sides could spend hundreds of hours in preparation to confront an expert, while experts can charge thousands of dollars per day. Therefore, it is essential that litigants study and evaluate potential experts prior to interviewing them. In the absence of doing so, it could result in a failure of the Daubert contest and a loss of cases.

New York has a rich industrial history, and many workers have been exposed to asbestos that is toxic. Many of these workers have developed asbestos-related diseases, such as mesothelioma, lung cancer, and so on. These workers can seek compensation from the businesses who exposed them to asbestos.

Asbestos suits are quite common in New York and the judges are familiarized with the issues. The courts, for example speed up trials for patients who are terminally ill and consolidate cases when necessary to cut down on trial costs. Additionally 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 on exposure cumulatively made by the plaintiffs experts were not sufficient to establish the causation in asbestos cases. The case was then appealed by defendants, and a ruling is expected to be issued soon.

The court's decision is expected to impact asbestos litigation throughout New York. At present, mesothelioma lawyer firms pepper daytime TV with commercials urging victims to bring asbestos lawsuits, promising huge settlements. The niche litigation was particularly lucrative for plaintiffs' lawyers who paid millions in referral fees to Sheldon Silver. Silver was recently found guilty of federal corruption charges related to the millions he made by directing asbestos cases to their firm.

In addition to these legal developments, New Yorkers should remain alert to asbestos exposure in their work environments and communities. Asbestos lawsuits have been increasing and New York is one of the top jurisdictions for mesothelioma cases.

Summary Judgment

A New York asbestos attorney (Postheaven blog entry) can help you receive the amount of compensation you are due.

Asbestos exposure is often the cause of serious illnesses, such as mesothelioma and lung cancer. These diseases are extremely serious, and they have a long latency time. This means that the victims may not have started developing symptoms until 20 or 25 years after their first exposure. There are ways for workers to safeguard themselves from asbestos exposure and prevent future disease. In recent years the asbestos litigation scene has undergone several significant changes. The most significant change came in 2015 when the political establishment was shaken to the core following the conviction on federal corruption charges of the former Assembly Speaker Sheldon Silver. Silver's convictions for corruption were a result of his covert work at the law firm Weitz & Luxenberg. He utilized this to earn millions in 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 sacked in 2021 following reports that she had given the "red-carpet treatment" to asbestos cases brought by Weitz & Luxenberg. In the aftermath of this shakeup, Justice Peter Moulton has taken the reigns of NYCAL. His decisions have put a huge burden on defendants, making it virtually impossible for them to obtain summary judgment.

In Juni, the Court of Appeals gave NYCAL a hard dose of reality by denying 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 gives New York asbestos lawsuit attorneys a strong argument against claims that claim to be speculative or fraudulent.

In Reid in Reid Abex the Court of Appeals supported asbestos defense attorneys in their efforts to force plaintiffs to prove a causal connection between asbestos-related illnesses and the products to which they were exposed. This decision imposes on plaintiffs the obligation to prove that their condition was caused by the specific linings and friction materials that were supplied by the defendant, and not general exposure to asbestos in the workplace.

Causation

The defendants must demonstrate that asbestos caused the disease. It is generally accepted that a person's exposure to asbestos-containing materials is a cause of mesothelioma and various other illnesses, but the law requires plaintiffs to establish specific exposure to certain products made by specific defendants in order to be successful in their claims.

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

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

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

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

While it is crucial to start a mesothelioma lawsuit promptly but it is also essential to consult with a knowledgeable mesothelioma lawyer who can help you obtain the maximum amount of financial compensation that you can. Contact a mesothelioma lawyer from NYC today to schedule a free no-obligation consultation. Your lawyer can assist you determine if you are eligible 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 can cover medical bills, lost wages due to inability to work, home-care expenses, mental anguish and pain, loss of quality, funeral and burial costs, and other expenses. An experienced New York mesothelioma attorney will investigate the responsible parties and gather evidence to support your claims. Your lawyer will then file a civil lawsuit before the statute of limitations expires in your state.

The courts are well-versed in asbestos lawsuits, and have dockets that are specifically designed to streamline the process. They expedite trials for terminally-ill plaintiffs, and also group similar cases. Additionally the judges who handle these cases are aware of the higher risk of asbestos exposure and are trained to ensure justice is done.

According to a recent study, New York City is a national hub for asbestos litigation. Asbestos-related victims have claimed billions of dollars in settlements and verdicts. Mesothelioma is a deadly cancer caused by exposure to harmful asbestos fibers. It is a rare and incurable disease, but lawsuits against companies who exposed workers to the cancer-causing substance have aided in compensating victims for their suffering.

These lawsuits aim to punish corporate wrongdoers as well indemnizing victims of mesothelioma or other asbestos-related illnesses. These lawsuits seek punitive damage awards that are in addition to compensatory damages. The lawsuits are meant to deter the defendant from engaging in similar behavior in the future.

However, the NYCAL decision offers defendants a glimmer of hope in their struggle to avoid punitive damages awards. They were in danger of large judgments in the past, on the basis that their conduct had been so egregious, that they had to pay damages for punitive harm to deter other people from following suit.

With the ruling in favor of plaintiffs, it is likely that a lot of the companies named as defendants will be reprimanded. Even if they were dismissed, they would still have to pay legal fees to defend a case they didn't have a right to be involved in.