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 long latency times.

Recent NYCAL decisions will have a profound impact on the defense of asbestos suits. These decisions could result in a number of summary judgment motions based upon the defendant's fiber/cc tests and expert reports that place any exposure that is deemed to be respirable under an ambient exposure threshold.

Expert Testimony

New York asbestos lawyers rely heavily on expert witness testimony to support their clients' claims. Expert witness fees can make up a a large percentage of the total costs involved in asbestos litigation. Lawyers for both sides could spend hundreds of hours in preparation to question an expert, and experts can charge thousands of dollars per day. Therefore, it is important for litigants to examine and verify potential experts prior to hiring them. In the absence of doing so, it could result in a failed Daubert contest and a loss of cases.

New York has a rich industrial history, and many workers have been exposed to toxic asbestos. Many of these workers developed asbestos attorneys-related diseases, such as mesothelioma, lung cancer, and so on. They may claim compensation from the companies who exposed them to asbestos.

Asbestos suits are commonplace in New York and the judges are knowledgeable about the issue. For instance, courts expedite trials for terminally patients, and often consolidate cases to lower costs for trial. The courts also review their discovery process to ensure that they are efficient and up-to date.

In one notable case, Brown v. Weitz & Luxenberg in which the First Department held that conclusory statements of exposure cumulatively made by the plaintiffs' experts were insufficient to establish the causation in asbestos cases. The defendants appealed the decision, and a decision is expected in the near future.

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 make asbestos lawsuit lawsuits and promise giant settlements. The specialized 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 convicted on federal corruption charges related to the millions of dollars he earned by directing asbestos cases to his firm.

In addition to these legal developments, New Yorkers should remain vigilant about possible asbestos exposure in their workplaces and communities. Asbestos lawsuits have been increasing and New York is among the top jurisdictions in mesothelioma verdicts.

Summary Judgment

A New York asbestos lawyer can help you obtain the compensation you're entitled to.

Asbestos exposure often leads to serious diseases, such as mesothelioma as well as lung cancer. These are serious diseases, and they have a long time to develop. This means that victims may not have started experiencing symptoms until 20 or 25 years after their initial exposure. There are steps that workers can take to protect themselves against asbestos exposure and prevent future illness. There have been a number of significant changes in the asbestos litigation scene in recent years. 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 his secret moonlighting at the law firm of Weitz & Luxenberg, which was where he earned millions of dollars in referral fees for the firm.

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. Justice Peter Moulton took over NYCAL in the wake of this shake-up. His decisions have made it more difficult for defendants to get the benefit of a summary judgement.

In Juni, the Court of Appeals dealt NYCAL with a brutal dose of reality, rejecting the cumulative exposure theory that was becoming popular in the litigation and calling for plaintiffs to establish specific causation through sufficient scientific explanation by their experts. This decision gives New York asbestos defense attorneys an effective tool to defend against allegations of speculative and fraudulent claims.

In Reid in Reid Abex the Court of Appeals supported asbestos defense attorneys in their efforts to compel plaintiffs to prove a causal connection between asbestos-related diseases and the products to which they were exposed. In this ruling plaintiffs are required to demonstrate that their asbestos-related condition was caused by specific friction materials or linings provided by the defendant, rather than general exposure to asbestos in the workplace.

Causation

The biggest challenge for asbestos defendants is the need to prove that there is a causal link. The consensus is that exposure to asbestos-containing substances can lead to mesothelioma or other illnesses. However the law requires that plaintiffs demonstrate specific exposure to the products produced by certain defendants for their claims to be considered valid.

This is a challenging standard to meet, particularly in NYCAL where a single judge is responsible for the entire NYC asbestos litigation. In the 16 years since the decision of Parker, New York courts have been unable to apply the principles outlined in the 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 satisfy specific causation.

Juni has placed a heavy burden on defendants and could make them settle their claims at a lower amount than they are entitled. A mesothelioma lawyer in NYC can explain the benefits of filing a suit and the options for financial restitution if you are diagnosed with mesothelioma or any other asbestos-related diseases.

New York state was the second most popular jurisdiction for mesothelioma lawsuits in 2019 and handles about 6% of the national asbestos litigation. Up to 13,000 people have been diagnosed with the disease in New York. Most of the victims were contractors or workers exposed to asbestos in industrial settings.

The symptoms of mesothelioma usually are not evident until the age of 25 to 50 years after initial exposure. Many asbestos patients are fighting for the compensation they need for medical expenses as well as lost wages and companionship loss, among other damages.

It is crucial to file your mesothelioma claim in a timely manner, but it is also important to consult mesothelioma lawyers who can help you seek the highest amount of financial compensation. Contact a mesothelioma attorney from NYC to set up a no-cost appointment that is no-obligation. Your attorney will be able to discuss your eligibility for financial compensation from an asbestos trust fund.

Damages

If you're suffering from mesothelioma or a similar asbestos-related condition, a successful lawsuit can pay for the losses of your family. Compensation could cover medical expenses, lost wages due to inability to work, home care expenses, mental stress and pain, loss of quality funeral and burial costs, as well as other costs. A seasoned New York asbestos lawyer will look into the responsible parties to gather evidence and support your claim. Your lawyer can then bring a civil suit before the statute of limitations runs out in your state.

The courts are familiar with asbestos lawsuits and have dockets specifically designed to speed up the process. They speed up trials for terminally ill plaintiffs, and also group similar cases. The judges who are handling these cases are trained to ensure justice and are aware of the higher risk of asbestos exposure.

According to a recent study, New York City is a national 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, incurable type of cancer. However, lawsuits filed against companies who exposed workers to asbestos fibers have helped compensate victims.

In addition to compensating the victims of mesothelioma and other asbestos-related diseases the lawsuits aim at securing the retribution of corporate wrongdoers. The lawsuits seek punitive damages which are given in addition to compensatory damages. They are designed to deter the defendant's conduct in the future, and discourage others from participating in a similar course of action.

However the NYCAL decision provides defendants with a glimmer of hope in their struggle to stay out of punitive damages. They were in danger of large judgments in the past, on the basis that their conduct was so bad that they would have to pay damages for punitive harm to discourage others from following suit.

With the decision in favor of plaintiffs, firms named as defendants in NYCAL cases are likely to be dismissed in a large percentage of their cases. This is because even if they get dismissed, they'll have to spend money on legal costs to defend a case they did not deserve to be involved in.