New York Asbestos Litigation

New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma is an asbestos-related serious illness that has prolonged latency.

Recent NYCAL decisions will have a profound effect on the defense of asbestos lawsuits. These decisions could result in a large number of summary judgment motions based on asbestos defendant's tests for fiber/cc as well as expert reports that place any respirable exposure under an ambient exposure threshold.

Expert Testimony

New York asbestos attorneys rely heavily on the testimony of expert witnesses to back up their client's claims. Asbestos litigation is expensive and expert witness fees make up a significant portion of total case costs. Lawyers for both sides could spend a lot of time in preparation to question an expert, and experts can charge thousands of dollars per day. This is why it is essential for litigants to carefully examine and verify potential experts prior to hiring them. In the absence of doing so, it could result in a failed Daubert challenge or losing cases.

New York has a rich industrial past, and many workers have been exposed to asbestos, which is toxic. Many of these workers developed asbestos-related diseases, including mesothelioma, lung cancer, and so on. These workers can seek compensation from the companies who exposed them to asbestos.

asbestos lawsuit suits are commonplace in New York and the judges are well-versed in the subject. The courts, for example expedite trials in cases of terminally ill plaintiffs and consolidate cases when necessary to reduce the cost of trial. In addition, courts regularly review their discovery procedures to ensure they are current and efficient.

In a notable case, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements of plaintiffs' experts did not suffice to prove causation. The case was re-argued by the defendants, and a decision is expected soon.

The court's decision is likely to have a major impact on asbestos litigation in New York. The mesothelioma lawyers are bombarding television during the day with ads that encourage victims to file asbestos lawsuits, promising huge settlements. The niche litigation has been particularly lucrative for plaintiffs' lawyers who have repaid 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 should continue to be aware in their workplaces, and communities about asbestos exposure. Asbestos lawsuits are on the rise and New York is one of the top jurisdictions for mesothelioma cases.

Summary Judgment

A New York asbestos attorney can assist you in receiving the compensation that you deserve.

Asbestos exposure could lead to serious diseases like mesothelioma or lung cancer. These are serious diseases, and they have a long latency time. This means that patients might not be suffering from symptoms until twenty or 25 years after their first exposure. There are steps that workers can take to prevent asbestos lawyer exposure and a subsequent illnesses. In recent years the asbestos lawyer litigation scene has undergone several 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 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 long-time head of the NYCAL docket, Justice Sherry Klein Heitler was replaced in 2021 amid reports that she had given the "red-carpet treatment" to asbestos cases brought by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the aftermath of the shake-up. His decisions have made it more difficult for defendants to obtain summary judgment.

In Juni the year 2003, the Court of Appeals dealt NYCAL with a savage dose of reality, renouncing the cumulative-exposure theory that had become fashionable in the court case and requiring plaintiffs to prove specific causation by proving it through scientific explanation by their experts. This ruling gives New York asbestos attorneys a strong argument against claims that claim to be false or speculative.

In Reid v Abex the Court of Appeals supported asbestos defense lawyers in their efforts to require plaintiffs to establish a causal connection between asbestos-related illnesses and the products to which they were exposed. This decision imposes plaintiffs with the obligation to establish that their disease was caused by the specific friction materials and linings that were 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. The consensus is 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 produced by certain defendants in order for their claims to be successful.

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

Juni has put a huge burden on defendants in NYCAL and could make them settle their claims at a lower amount than they are entitled to. A mesothelioma attorney in NYC will explain the benefits of filing a suit and your options for restitution in the event that you're diagnosed with mesothelioma or other asbestos-related diseases.

New York state was the second most popular state for mesothelioma-related lawsuits in 2019, and it handles about 6% of the national asbestos litigation. It is estimated that around 13,000 patients have been diagnosed with mesothelioma in the state. The majority of patients were contractors or workers exposed to asbestos in industrial settings.

The signs of mesothelioma aren't usually evident until 25 to 50 years after the first exposure. Many asbestos sufferers are battling to obtain the compensation they require to cover medical expenses and lost wages, as well as loss of companionship, and other damages.

While it is crucial to start a mesothelioma lawsuit promptly, it is also crucial to work with an experienced mesothelioma lawyer who will help you obtain the maximum amount of financial restitution that is possible. Contact a mesothelioma lawyer in NYC to set up a no-cost appointment, no-obligation. Your lawyer can help you determine your eligibility for financial restitution from an asbestos trust fund.

Damages

If you're suffering from mesothelioma or any other asbestos-related disease, a successful lawsuit could compensate your family for your losses. Compensation could pay for medical bills, income loss from being unable and home care expenses as well as pain and suffering, mental anxiety and loss of quality of life, as well as funeral and burial costs. A seasoned New York mesothelioma attorney will examine the parties responsible and collect evidence to support your claims. After this, your lawyer may bring a lawsuit in civil court before your state's statute of limitations runs out.

The courts have dockets specialized for asbestos cases that streamline the process. They speed up trials for plaintiffs with terminal illnesses and group similar cases together. Judges who handle 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 a national hub for asbestos litigation. Asbestos-related victims have claimed billions of dollars in settlements and verdicts. Mesothelioma is a fatal cancer caused by exposure to harmful asbestos fibers. It is a rare, incurable cancer. However, lawsuits filed against companies who exposed workers to asbestos fibers have helped compensate victims.

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

However the NYCAL decision offers defendants a glimmer of hope in their battle to stay clear of punitive damages. Previously, they had faced the possibility of huge judgments in these cases according to the popular belief that their conduct was so outrageous that they had to pay punitive damages to deter others from following suit.

With the decision in favor of plaintiffs, businesses that are named as defendants in NYCAL cases are likely to be dismissed in a significant percentage of their cases. This is because, even if they are dismissed, they will still have to spend money on legal fees to defend a case they didn't deserve to be involved in.