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 latency is the second most common mesothelioma patient in the country in 2019.

Recent NYCAL decisions will have a significant impact on the defense of asbestos lawsuits. These decisions are likely to result in a large number of summary judgment motions based on test results of the defendant's fiber/cc 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 experts to support their client's claims. Asbestos litigation is expensive and expert witness fees represent a significant proportion of the total costs. Lawyers for both sides could spend hours in preparation to confront an expert, and experts can charge thousands of dollars per day. It is therefore important that litigants conduct thorough study and evaluate potential experts prior to contacting them. In the absence of this, it could result in a failed Daubert Challenge and losing cases.

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

Asbestos lawsuits are a regular occurrence in New York, and judges are well-versed in the issues that arise. For instance, courts speed up trials for terminally patients, and often consolidate cases to reduce the cost of trial. In addition, courts regularly review their discovery procedures to ensure that they are up-to-date and efficient.

In a notable case, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements made by plaintiffs' experts were not sufficient to establish causality. The case was appealed by defendants, and a decision is expected in the near future.

The court's decision is likely to have a profound impact on asbestos litigation in New York. Mesothelioma lawyers have been bombarding daytime television with commercials which urge victims to file asbestos lawsuits, promising huge settlements. The niche litigation was particularly lucrative for plaintiffs' attorneys who repaid millions of referral fees to Sheldon Silver. Silver was recently found guilty of federal corruption charges related to the millions he made by sending asbestos cases to their firm.

Farmington Hills asbestos lawyers Links to an external site. must continue to be aware in their workplaces and in their communities regarding 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 lawyer can assist you in obtaining the compensation you're due.

Asbestos exposure can lead to serious diseases such as mesothelioma or lung cancer. These diseases are aggressive and have a long latency period which means that the victims could only have begun experiencing symptoms as recently as 20 or 25 years after the initial exposure. There are steps that workers can take to protect themselves against asbestos exposure and prevent future illnesses. In recent years the asbestos litigation scene has seen a number of major changes. In 2015 the political establishment of New York was shook to its core by Sheldon Silver's conviction on federal corruption charges. Silver's convictions for corruption stemmed from his 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 replaced as the longtime manager of the NYCAL docket in 2021 following reports that she'd given the "red carpet treatment" to asbestos-related claims filed by Weitz & Luxenberg. Following this reshuffle, Justice Peter Moulton has taken charge of NYCAL. His rulings have placed a heavy burden on defendants, making it almost impossible for them to get summary judgment.

In Juni, the Court of Appeals dealt NYCAL a harsh dose of reality, renouncing the cumulative exposure theory that had become fashionable in the litigation and insisting that plaintiffs prove specific causation by proving it through scientific expression by their experts. This ruling gives New York asbestos attorneys a powerful weapon 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 prove the existence of a specific causal connection between their asbestos-related disease and the specific substances they were exposed to. In this case, plaintiffs are required to prove that their asbestos-related illness was caused by specific friction materials or linings provided by the defendant rather than general exposure to asbestos in the workplace.

Causation

The most difficult challenge facing asbestos defendants is the need to prove that there is a causal link. There is a consensus that exposure to asbestos-containing materials can lead to mesothelioma or other diseases. However the law requires plaintiffs to demonstrate specific exposure to the products manufactured by certain defendants for their claims to be successful.

This is a difficult standard to meet, especially in NYCAL where a single judge is responsible for the entire NYC asbestos litigation. In the 16 years since Parker, New York courts struggle to apply the principles from the case. In 2016 the First Department in Matter of NYC Asbestos Litigation, (Juni) ruling that an expert's evidence that a plaintiff "regularly" exposed himself to products for friction that contained asbestos was not enough to satisfy the requirement of specific causality under Nemeth.

Juni has placed a significant burden on defendants in NYCAL and may oblige them to settle their claims for less than what they are entitled to. A mesothelioma lawyer in NYC can explain the benefits of filing a lawsuit as well as your options for financial restitution if you're diagnosed with mesothelioma, or other asbestos-related illnesses.

New York state was the second most popular state for mesothelioma-related lawsuits in 2019 and is responsible for about 6% of the national asbestos litigation. It is estimated that up to 13,000 patients have been diagnosed with mesothelioma within the state. The majority of those affected are contractors or workers who were exposed to asbestos as it was used in industrial applications.


The signs of mesothelioma aren't typically apparent until 25 to 50 years after the initial exposure. Many asbestos patients are fighting to get the compensation they deserve for medical expenses as well as lost wages and companionship loss, in addition to damages.

It is essential to file your mesothelioma claim in a timely manner however, it is essential to work with mesothelioma lawyers who can help you seek the maximum financial restitution. Contact a mesothelioma lawyer in NYC today to set up a free, no-obligation consultation. Your attorney can discuss your eligibility for financial restitution from an asbestos trust fund.

Damages

If you suffer from mesothelioma or any other asbestos-related illness A successful lawsuit can provide your family with compensation for their losses. Compensation could pay for medical bills, income loss from being unable and home care expenses as well as pain and suffering mental anxiety, loss of quality of life, and funeral and burial expenses. An experienced New York mesothelioma attorney will look into the parties at fault and collect evidence to support your claims. After that, your lawyer can start a civil lawsuit in court before the time limit expires.

The courts are familiar with asbestos lawsuits, and they have dockets specifically designed to speed up the process. They speed up trials for plaintiffs with terminal illnesses and also group similar cases together. Additionally the judges who decide these cases are aware of the higher dangers associated with asbestos exposure and are trained to ensure justice is served.

According to a study that was conducted recently, New York City is the main hub in the country 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 led to compensation for victims.

These lawsuits aim to punish corporate wrongdoers as well in compensating mesothelioma victims or other asbestos-related diseases. The lawsuits seek punitive damages which are awarded 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.

The NYCAL decision gives defendants the chance to avoid punitive damage awards. Previously, they had been facing the prospect of huge judgments in these cases, with the prevailing theory that their conduct was so indefensible that they had to pay punitive damages in order to discourage others from following their lead.

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