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, is the second most common mesothelioma-related case in the United States in 2019.

Recent NYCAL decisions are expected to have a significant impact on the defense of asbestos lawsuits. These decisions could 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 in the ambient.

Expert Testimony

New York asbestos lawyers rely heavily on expert witness testimony to support their clients' claims. Asbestos litigation can be very expensive and expert witness fees account for a significant percentage of total case costs. Lawyers for both sides can spend hours in preparation to question an expert, and experts can charge thousands of dollars per day. Therefore, it is essential that litigants conduct thorough examine and verify potential experts prior to interviewing them. If they don't, it could result in a failure of the Daubert Challenge and lost cases.

New York has a rich industrial past, asbestoslitigationgroup and a lot of workers have been exposed to asbestos, which is toxic. Many of these workers have developed asbestos-related illnesses, such as mesothelioma and cancer of the lung. These workers can claim compensation from the companies who exposed them to asbestos.

Asbestos suits are commonplace in New York and the judges are well-versed in the subject. The courts, for example speed up trials for asbestoslitigationgroup patients who are terminally ill and consolidate cases when necessary to reduce trial costs. Additionally, courts regularly review their discovery procedures to ensure that they are up-to-date and effective.

In a landmark case, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements made by plaintiffs' experts were not sufficient to establish causality. The defendants appealed the case, 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. Mesothelioma lawyers have been bombarding daytime television with commercials that encourage asbestos victims to file suits, promising huge settlements. The niche litigation has been particularly lucrative for plaintiffs' attorneys who have repaid millions of dollars in referral fees to former Assembly Speaker Sheldon Silver, who was recently convicted on federal corruption charges relating to the millions of dollars he earned from directing asbestos cases towards his firm.

In addition to these legal developments, New Yorkers must continue to be vigilant about possible asbestos exposure in their workplaces and communities. Asbestos-related lawsuits are on the rise, and the state is one of the top jurisdictions for mesothelioma verdicts.

Summary Judgment

A New York asbestos lawyer can assist you in obtaining the compensation you're due.

Asbestos exposure is often the cause of serious diseases, such as mesothelioma and lung cancer. These diseases are aggressive and have a long period of latency which means that the victims could only have begun suffering from symptoms as recently as 20 or 25 years after their initial exposure. There are steps workers can take to avoid asbestos exposure and the development of a future illness. In recent years the asbestos litigation landscape has seen major changes. In 2015 the political establishment in New York was shook to its foundation by the conviction of Sheldon S. Silver for 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 new Albany landscape has also been shattered by the courtroom political machinations of the NYCAL docket. The long-time head of the NYCAL docket, Justice Sherry Klein Heitler, was replaced 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 following shake-up. His rulings have made it difficult for defendants to obtain the benefit of a summary judgement.

In Juni the year 2003, the Court of Appeals dealt NYCAL with a brutal dose of reality, rejecting the cumulative exposure theory that had become fashionable in the litigation and insisting that plaintiffs prove the causation of their claims with sufficient scientific expression by their experts. This ruling gives New York asbestos defense attorneys a powerful tool to defend against claims of fraudulent and speculative claims.

In Reid in Reid Abex, the Court of Appeals also gave asbestos defense lawyers support for their efforts to require plaintiffs to prove that there is a causal link between their asbestos-related disease and the specific products they were exposed to. In this case, plaintiffs are required to demonstrate that their asbestos-related condition was caused by specific friction materials or linings offered by the defendant rather than general workplace exposure to asbestos.

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 certain asbestos-containing materials can cause mesothelioma and other diseases, but the law requires plaintiffs to establish specific exposure to products manufactured by specific defendants in order to prevail on their claims.

This is a difficult standard to achieve, particularly in NYCAL where one judge is in charge of all NYC asbestos litigation. In the 16 years since Parker, New York courts struggle to apply the rules 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 friction products containing asbestos was not sufficient to prove the requirement of specific causality under Nemeth.

Juni has placed a significant burden on defendants and could oblige them to pay a lower amount than they are entitled. A mesothelioma attorney in NYC will explain the benefits of filing a suit and asbestoslitigationgroup your options for restitution in the event that you're diagnosed with mesothelioma or any other asbestos-related diseases.

New York state was the second most popular state for mesothelioma lawsuits in 2019 and is responsible for about 6% of the national asbestos litigation. Up to 13,000 people are estimated to have been diagnosed with the disease in New York. The majority of those affected were contractors or employees who were exposed to asbestos as it was being used in industrial processes.

The signs of mesothelioma typically do not appear until 25 to 50 years after the initial exposure. Many asbestos victims are now fighting to get the compensation they need to pay for medical expenses, lost wages, loss of companionship and other losses.

It is essential to file your mesothelioma claim in a timely manner however, it is vital to work with mesothelioma lawyers who can assist you in obtaining the highest amount of financial compensation. Contact a mesothelioma lawyer in NYC to set up a free appointment, no-obligation. Your lawyer can help you determine your rights to financial restitution from an asbestos trust fund.

Damages

If you have mesothelioma, or any other asbestos-related illness A successful lawsuit could compensate your family's losses. Compensation could pay for medical bills, income loss from being unable or take care of your home, pain and suffering, mental anguish and loss of quality of life, and funeral and burial costs. A seasoned New York asbestos lawyer will examine the parties responsible to gather evidence and support your claim. After that, your lawyer can start a civil lawsuit in court before the statute of limitations expires.

The courts are well-versed in asbestos lawsuits, and they have specialized dockets to help streamline the process. They expedite trials for terminally-ill plaintiffs and group similar cases. The judges handling these cases are trained to ensure justice and are aware of the higher dangers associated with asbestos.

According to a study conducted recently, New York City is the national center for asbestos litigation. Asbestos victims have claimed billions of dollars in settlements and verdicts. Mesothelioma, a deadly cancer, is caused by asbestos fibers. It is a rare, incurable type of cancer. However lawsuits brought against companies who exposed workers to asbestos fibers have helped compensate victims.

In addition to compensating victims of mesothelioma as well as other asbestos-related illnesses the lawsuits aim at punishing corporate wrongdoers. These lawsuits seek punitive damages awards that are in addition to compensatory damages. The intent of the lawsuits is to discourage the defendant from engaging in similar behavior in the future.

The NYCAL decision gives defendants the chance to avoid punitive damage awards. Prior to this, they faced the possibility of huge judgments in these cases according to the popular belief that their conduct was so indefensible that they must pay punitive damages to deter others from following suit.

With the ruling in favor plaintiffs, it is likely that a lot of the companies that were named as defendants will be disqualified. This is because even if they're dismissed, they will still need to incur legal costs to defend a case they did not merit to be involved in.