New York Asbestos Litigation

New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma is a very serious asbestos-related disease with a long latency period, is the second most common mesothelioma patient in the country in the year 2019.

Recent NYCAL decisions will 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 respirable exposure below the threshold of exposure to ambient air.

Expert Testimony

New York asbestos attorneys rely heavily on the testimony of expert witnesses to prove their clients' claims. Expert witness fees can make up a significant proportion of total costs involved in asbestos litigation. Both sides can devote hundreds of hours in preparation to question an expert. Experts can charge thousands of dollar per day. Therefore, it is important for litigants to research and vet potential experts prior to their appointment. Failure to do this can result in a failure of the Daubert Challenge and lost cases.

New York has had a long history of industrialization. Many workers were exposed to asbestos. Many of these workers have been diagnosed with asbestos-related diseases, such as mesothelioma and cancer of the lung. People who have been affected by these diseases can seek compensation from the companies who exposed them to asbestos.

Asbestos suits are common in New York and the judges are well-versed in the subject. For instance, the courts speed up trials for terminally sick plaintiffs, and they often consolidate cases to lower trial expenses. The courts also periodically review their discovery procedure to ensure that it is effective and current.

In a case that is notable, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements made by plaintiffs' experts did not prove causation. The case was re-argued by the defendants, and a ruling is expected in the near future.

The court's decision is likely to impact asbestos litigation in New York. The mesothelioma lawyers are bombarding television during the day with ads which urge victims to file asbestos suits, promising huge settlements. The niche litigation has proven 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 by directing asbestos cases to his firm.

New Yorkers must continue to be vigilant at work, and communities about asbestos exposure. Asbestos-related lawsuits are on the increasing, and the state is one of the top jurisdictions for mesothelioma cases.

Summary Judgment

A New York asbestos attorney can assist you in receiving the amount of compensation you are due.

Asbestos exposure can lead to serious illnesses like mesothelioma or lung cancer. These are serious diseases and have a long time to develop. This means that the victims may not be experiencing symptoms until twenty or 25 years after their initial exposure. There are steps that workers can take to prevent asbestos exposure and future disease. A number of major changes have taken place in the asbestos litigation environment in recent years. The most significant development came in 2015 when the political establishment was shaken to the core by the conviction on federal corruption charges of former Assembly Speaker Sheldon Silver. Silver's convictions for corruption stemmed from his secret work at the law firm Weitz & Luxenberg. He utilized this to earn millions of referral fees.

The new Albany landscape is also impacted by the courtroom politics of the NYCAL docket. The long-time supervisor of the NYCAL docket, Justice Sherry Klein Heitler was replaced in 2021 amid reports that she provided the "red-carpet treatment" to asbestos cases filed by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the aftermath of the shake-up. His rulings have made it difficult for defendants to get the benefit of a summary judgement.

In Juni the year 2003, the Court of Appeals gave NYCAL an ominous dose of reality, rejecting the cumulative exposure theory that was prevalent in the litigation. Instead it demanded plaintiffs prove causation using sufficient scientific proof from their experts. This ruling provides New York asbestos attorneys a powerful tool to defend against allegations that claims are fraud or speculative.

In Reid v. Abex, the Court of Appeals also gave asbestos defense attorneys a boost in their efforts to require plaintiffs to establish that there is a causal link between their asbestos-related disease and the specific products they were exposed to. Bakersfield asbestos lawsuit imposes plaintiffs with the obligation to prove that their illness was caused by specific linings and friction materials that were 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. There is a consensus that exposure to asbestos-containing substances can lead to mesothelioma or other illnesses. However, the law requires plaintiffs be able to prove specific exposure to certain products made by certain defendants in order for their claims to be successful.

This is a difficult standard to meet, especially in NYCAL, where a single judge oversees 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 that 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 friction products containing asbestos was not sufficient under Nemeth to satisfy specific causation.

Juni has imposed a substantial 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 the options for restitution financial if you are diagnosed with mesothelioma or any other asbestos-related diseases.

New York state was the second most popular state for mesothelioma lawsuits in the year 2019 and is responsible for 6% of national asbestos litigation. Up to 13,000 people have been diagnosed with the disease in New York. The majority of the victims are contractors or workers who were exposed to asbestos because it was being employed in industrial applications.

Symptoms of mesothelioma are not typically evident until between 25 and 50 years after the first exposure. Many asbestos patients are battling to obtain the compensation they need to cover medical costs and lost wages, as well as loss of companionship and other losses.

It is crucial to file your mesothelioma claim promptly however, it is essential to work with an attorney for mesothelioma who can assist you in obtaining the maximum financial restitution. Contact a mesothelioma lawyer from NYC today to schedule your free no-obligation consultation. Your attorney will be able to discuss your rights to financial restitution from an asbestos trust fund.

Damages

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

The courts are well-versed in asbestos lawsuits, and they have dockets specifically designed to simplify the process. They speed up trials for plaintiffs with terminal illnesses and 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 done.

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 fatal cancer is caused by asbestos fibers. It is a rare and fatal disease, however lawsuits filed against companies who exposed workers to the cancer-causing chemical have led to compensation for victims for their suffering.

These lawsuits are designed to punish corporate wrongdoers as as compensating victims of mesothelioma or other asbestos-related diseases. These lawsuits seek punitive damages awards, which are in addition to compensatory damages. They are intended to deter the defendant's actions in the future and deter others from participating in a similar action.


However the NYCAL decision offers defendants an opportunity to win their fight to avoid punitive damages awards. They had the possibility of large judgments in the past, with the theory that their conduct was so bad that they had to pay punitive damages to deter other people from committing the same offense.

Now, with the ruling in favor of plaintiffs, companies that are named as defendants in NYCAL cases can expect to be dismissed in a significant portion of their cases. This is because even if they get dismissed, they will have to spend money on legal fees to defend a case that they did not deserve to be involved in.