New York Asbestos Litigation

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

Recent NYCAL decisions are expected to have a profound impact on the defense of asbestos lawsuits. These decisions will likely result in a number of summary judgment motions based on test results of the defendant's fiber/cc and expert reports that put any exposure that is deemed to be respirable under an ambient exposure threshold.

Expert Testimony

New York asbestos attorneys rely heavily on the testimony of expert witnesses to support their client's claims. Asbestos litigation can be very expensive and expert witness costs represent a significant proportion of the total cost. Both sides can spend hundreds hours in preparation to question an expert. Experts can charge thousands of dollar per day. This is why it is important for litigants to thoroughly study and evaluate potential experts prior to hiring them. In the absence of this, it could result in a failed Daubert Challenge and lost cases.

New York has had a long history of industrial activity. Many workers were exposed to asbestos. Many of these workers have suffered asbestos-related illnesses, including mesothelioma and lung cancer. They can seek compensation from the companies who exposed them to asbestos.

Asbestos lawsuits are a regular event in New York, and judges are well-versed in the issues involved. For example, the courts speed up trials for ill plaintiffs, and they often consolidate cases to lower costs for trial. In addition courts frequently review their discovery procedures to ensure that they are up-to-date and effective.

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

The court's decision is expected to have a significant impact on asbestos litigation in New York. The mesothelioma lawyers are currently bombarding the daytime TV with ads that encourage asbestos victims to file lawsuits, promising huge settlements. The niche litigation was especially lucrative for plaintiffs’ attorneys who paid millions of referral fees to Sheldon Silver. Silver was recently convicted of federal corruption charges in relation to the millions he earned by the asbestos cases he directed to their firm.

New Yorkers should continue to be aware in their workplaces and in their communities regarding asbestos exposure. Asbestos lawsuits have been on the rise and New York is among the the top jurisdictions for mesothelioma cases.

Summary Judgment

A New York asbestos attorney (pediascape.science) can help you receive the compensation that you deserve.

Asbestos exposure could lead to serious illnesses like mesothelioma and lung cancer. These are serious diseases, and they have a long period of latency. This means that victims may not be developing symptoms until 20 or 25 years following the initial exposure. There are steps that workers can take to protect themselves against asbestos exposure and avoid a recurrence of disease. 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 Sheldon Silver's conviction for federal corruption charges. Silver's corruption convictions stemmed from a secretly working for 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 shaken the new Albany landscape. Justice Sherry Klein Heitler was removed as the long-time director of the NYCAL docket in 2021 amid reports that she had provided the "red carpet treatment" to asbestos-related claims filed by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the wake of this shake-up. His rulings have placed a significant burden on defendants, making it almost 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 prevalent in the litigation. Instead, it demanded plaintiffs prove causality with enough scientific evidence from their experts. This decision gives New York asbestos attorneys a powerful tool to defend against allegations that claims are speculative or fraudulent.

In Reid v. Abex, the Court of Appeals also gave asbestos defense attorneys a boost in 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. This decision places plaintiffs with the obligation to prove that their illness was caused by the specific friction materials and linings which were supplied 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 causation. It is generally accepted that a person's exposure to asbestos-containing materials can cause mesothelioma and various other illnesses, but the law requires plaintiffs to establish specific exposure to certain products made by particular defendants to prevail on their claims.

This is a tough standard to achieve, 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 been unable to apply the principles outlined in that case. In 2016, for instance the First Department in Matter of NYC Asbestos Litigation (Juni) ruled that a plaintiff's expert evidence that he "regularly exposed" himself to friction products containing asbestos was not sufficient under Nemeth to establish a specific causation.

Juni has put a huge burden on defendants in NYCAL and could force them to settle their claims for less than what they are entitled to. A mesothelioma attorney in NYC can explain the advantages of filing a lawsuit as well as your options for restitution financial if you are diagnosed with mesothelioma or other asbestos-related diseases.

New York state was the second most popular jurisdiction for mesothelioma lawsuits in 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. Most of the victims were contractors or employees exposed to asbestos in industrial applications.

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

While it is crucial to make a mesothelioma claim promptly but it is also essential to work with an experienced mesothelioma lawyer who can help you pursue the maximum amount of financial compensation that you can. Contact a mesothelioma attorney in NYC today to set up a free, no-obligation consultation. Your attorney can help you determine if you are eligible for financial compensation from an asbestos trust.

Damages

If you suffer from mesothelioma or any other asbestos-related illness A successful lawsuit can compensate your family for your losses. Compensation could cover medical expenses and lost wages resulting from inability to work, home-care expenses, mental stress and suffering loss of quality, funeral and burial costs, as well as other costs. A seasoned New York asbestos lawyer will investigate the responsible parties to gather evidence and prove your claim. Your lawyer can then start a civil lawsuit before the statute of limitations expires in your state.

The courts have dockets that are specially designed for asbestos cases in order to speed up the process. They expedite trials for terminally-ill plaintiffs, and group similar cases. The judges handling these cases have been trained to ensure justice and are aware of the increased risks associated with asbestos.

According to a research study conducted recently, New York City is the national hub for asbestos litigation. Asbestos-related victims 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 a rare and fatal disease, but lawsuits against companies that exposed workers to the cancer-causing substance have helped compensate victims for their suffering.

These lawsuits are designed to punish corporate wrongdoers as indemnizing victims of mesothelioma or other asbestos-related illnesses. These lawsuits seek punitive damages awards, which are in addition to compensatory damages. The lawsuits are meant to discourage the defendant from engaging in similar conduct in the future.

However the NYCAL decision provides defendants with an opportunity to win their struggle to avoid punitive damages awards. In the past, they faced the possibility of huge judgments in these cases with the prevailing theory that their conduct was so indefensible that they must pay punitive damages in order to discourage others from following their lead.

With the decision in favor of plaintiffs, businesses named as defendants in NYCAL cases could be dismissed in a substantial portion of their cases. Even if they were dismissed however, they will still need to pay legal fees to defend a case they did not deserve to be involved in.