New York Asbestos Litigation

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

Recent NYCAL decisions are likely to have a profound impact on the defense of asbestos lawsuits. These decisions are likely to result in a significant number of summary judgment motions based on defendant's fiber/cc tests and expert reports that place any exposure that can be deemed respirable below an exposure threshold for ambient conditions.

Expert Testimony

New York asbestos attorneys rely heavily on the testimony of expert witnesses to back up their client's claims. Expert witness fees can make up a a large percentage of the total costs in asbestos litigation. Lawyers for both sides can spend hours in preparation to confront an expert, and experts can charge thousands of dollars per day. For this reason, it is crucial for litigants to thoroughly study and evaluate potential experts prior to hiring them. In the absence of this, it could result in a failure of the Daubert Challenge and lost cases.

New York has had a long industrial history. Many workers were exposed to asbestos. Many of these workers developed asbestos-related diseases, including mesothelioma or lung cancer. People who have suffered from these ailments can seek compensation from the companies that exposed them to asbestos.

Asbestos lawsuits are an everyday event in New York, and judges are familiar with the issues involved. The courts, for instance, expedite trials for seriously ill plaintiffs and combine cases when needed to reduce trial costs. The courts also regularly review their discovery procedure to ensure that they are efficient and up-to date.

In one case of note, Brown v. Weitz & Luxenberg, the First Department held that conclusory cumulative exposure statements from plaintiffs experts were not sufficient to establish the causation in asbestos cases. The case was appealed by the defendants, and a ruling is expected to be issued soon.

The court's decision is expected to have a major impact on asbestos litigation in New York. At present, mesothelioma lawyer firms fill the air with ads urging victims to bring asbestos lawsuits, promising giant settlements. The niche litigation has been particularly lucrative for plaintiffs' attorneys, who have paid millions of dollars in referral fees to former Assembly Speaker Sheldon Silver, who was recently found guilty of federal corruption charges relating to the millions of dollars he earned from directing asbestos cases to his firm.

New Yorkers should continue to be vigilant in their workplaces and communities to avoid asbestos exposure. Asbestos lawsuits are on 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 you deserve.

asbestos lawyers exposure could lead to serious illnesses like mesothelioma or lung cancer. These are serious diseases, and they have a long latency time. This means that patients may not have started developing symptoms until twenty or 25 years after their initial exposure. Fortunately, there are steps that workers can take to protect themselves against asbestos exposure and avoid a recurrence of illness. In recent years the asbestos litigation landscape has seen a number of significant changes. In 2015 the political establishment in New York was shook to its core by the conviction of Sheldon Silver on federal corruption charges. Silver's corruption convictions stemmed from a secret moonlighting at the law firm of Weitz & Luxenberg, which employed him to earn millions of dollars in referral fees for the firm.

The courtroom politics on the NYCAL docket have also impacted the new Albany landscape. Justice Sherry Klein Heitler was removed as the long-time manager of the NYCAL docket in 2021 following reports that she'd given the "red carpet treatment" to asbestos claims filed by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the wake of this shake-up. His rulings have made it difficult for defendants to obtain summary judgment.

In Juni the year 2003, the Court of Appeals gave NYCAL a hefty dose of reality, rejecting the cumulative exposure theory that was a popular argument in the litigation. Instead it demanded that plaintiffs establish specific causation using sufficient scientific proof from their experts. This ruling gives New York asbestos attorneys a powerful tool to defend against claims that claim to be false or speculative.

In Reid v. Abex, the Court of Appeals also gave asbestos defense lawyers 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 decision, plaintiffs are required to prove that their asbestos-related disease was caused by specific friction materials or linings offered by the defendant, not general exposure to asbestos in the workplace.

Causation

The biggest challenge for defendants in asbestos cases is the need to prove that there is a causal link. The general consensus is that exposure to asbestos-containing materials can cause mesothelioma or other diseases. However the law requires plaintiffs to prove specific exposure to products manufactured by certain defendants to be considered valid.

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

Juni has imposed a substantial burden on defendants in NYCAL and may make them settle their claims for less than they are entitled to. A mesothelioma lawyer from 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 mesothelioma-related jurisdiction suits in 2019. It was the sole handler of about 6% of the asbestos litigation across the country. Up to 13,000 people have been diagnosed with the disease in New York. Most of the victims were contractors or employees exposed to asbestos in industrial applications.

The symptoms of mesothelioma don't typically apparent until between 25 and 50 years after the initial exposure. Many asbestos victims are fighting to receive the compensation they need to cover medical expenses, lost wages and companionship loss, in addition to damages.

While it is essential to start a mesothelioma lawsuit in a timely manner 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 in NYC to set up a no-cost, no-obligation appointment. Your lawyer can assist you determine if you're eligible for financial compensation from an asbestos trust.

Damages

If you're suffering from mesothelioma or any other asbestos-related illness, a successful lawsuit could pay for the losses of your family. Compensation can cover medical bills, lost income from being unable to work and home care expenses, pain and suffering, mental anguish, loss of quality of life, as well as funeral and burial costs. A seasoned New York mesothelioma attorney will examine the parties responsible and collect evidence to support your claims. Your lawyer can then start a civil lawsuit before the statute of limitations expires in your state.

The courts are familiar with asbestos lawsuits, and have dockets specifically designed to speed up the process. They accelerate trials for plaintiffs with terminal illnesses and group similar cases together. The judges handling these cases have been trained to ensure justice and are aware of the increasing dangers associated with asbestos.

According to a study conducted recently, New York City is the nation's hub for asbestos litigation. Asbestos-related victims 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 incurable disease, however lawsuits filed against companies that exposed workers to asbestos cancer-causing substance have helped compensate victims for their suffering.

These lawsuits aim to punish corporate wrongdoers as in compensating mesothelioma victims or other asbestos-related illnesses. The lawsuits seek punitive damages, which are granted in addition to compensatory damages. They are intended to discourage the defendant's behavior in the future and deter others from taking part in a similar action.

The NYCAL decision gives defendants hope that they will avoid punitive damages. They faced the prospect of massive judgments in the past, with the theory that their conduct had been so bad that they should pay damages for punitive harm to discourage others from following their example.

With the decision in favor of plaintiffs, firms that are named as defendants in NYCAL cases can expect to be dismissed in a significant proportion of their cases. Even if they are dismissed, they would still have to pay legal fees to defend a case they didn't have a right to be in.