New York Asbestos Litigation

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

Recent NYCAL decisions will have a profound impact on the defense of asbestos suits. These decisions are likely to result in a number of summary judgment motions based on the defendant's fiber/cc tests and expert reports that put any respirable exposure under an exposure threshold for ambient conditions.

Expert Testimony

New York asbestos attorneys (Werite site) rely heavily on the testimony of experts to prove their clients' claims. Asbestos litigation can be very expensive and expert witness costs account for a significant percentage of the total cost. Both sides can spend hundreds hours preparing to confront an expert. Experts can charge thousands of dollars per day. It is crucial that litigants carefully study and evaluate potential experts prior to contacting them. Failure to do this could result in a failure of the Daubert contest and a loss of cases.

New York has a rich industrial past, and a lot of workers have been exposed to asbestos, which is toxic. Many of these workers developed asbestos-related illnesses, like mesothelioma or lung cancer. Those who have been affected by these diseases can recover compensation from the companies that exposed them to asbestos.

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

In a case that is notable, Brown v. Weitz & Luxenberg in which the First Department held that conclusory statements of exposure cumulatively made by the plaintiffs experts were not sufficient to establish causation in an asbestos case. The defendants appealed the case and the decision is expected to be made soon.

The court's decision is expected to have a profound impact on asbestos litigation in New York. At present, mesothelioma lawyer firms pepper daytime TV with commercials urging victims to make asbestos lawsuits and promise giant settlements. The niche 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 relating to the millions of dollars he earned from directing asbestos cases to his firm.

In addition to these legal developments, New Yorkers must continue to be alert to asbestos exposure in their work environments and communities. Asbestos-related lawsuits are on the increase, and the state is one of the most sought-after jurisdictions for mesothelioma verdicts.

Summary Judgment

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

Asbestos exposure can lead to serious illnesses, such as mesothelioma and lung cancer. These diseases are extremely serious, and they have a long time to develop. This means that victims may not have started suffering from symptoms until 20 or 25 years after their first exposure. There are steps that workers can take to prevent asbestos exposure and the development of a future illness. In recent years, the asbestos litigation landscape has seen major changes. The most significant change came in 2015 when the political establishment was shaken to the core following 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 made millions in referral fees.

The new Albany landscape has also been shattered by the courtroom political machinations of the NYCAL docket. Justice Sherry Klein Heitler was removed as the long-time manager of NYCAL docket in 2021 amidst reports that she had provided the "red carpet treatment" to asbestos claims brought by Weitz & Luxenberg. Following this reshuffle, Justice Peter Moulton has taken charge of NYCAL. His decisions have made it more difficult for defendants to obtain summary judgement.

In Juni, the Court of Appeals gave NYCAL a hefty dose of reality by denying the theory of cumulative exposure that was prevalent in the litigation. Instead, it demanded that plaintiffs establish a specific causation using sufficient scientific proof from their experts. This ruling provides New York asbestos attorneys a strong argument against claims that claim to be fraud or speculative.

In Reid in Reid Abex the Court of Appeals supported asbestos defense attorneys in their efforts to compel plaintiffs to prove a causal link between asbestos-related diseases and products to which they were exposed. This decision places on plaintiffs the obligation to prove that their illness was caused by the specific friction materials and linings that were provided by the defendant, and not general exposure to asbestos in the workplace.

Causation

The defendants will need to prove that asbestos caused the disease. It is generally accepted that exposure to asbestos-containing substances is a cause of mesothelioma and other diseases, however, the law requires plaintiffs to establish the specific exposure to products produced by particular defendants in order to be successful in their claims.

This is a challenging standard to meet, particularly in NYCAL where only one judge oversees all NYC asbestos litigation. In the 16 years since the decision of Parker, New York courts have struggled 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 a specific causality.

Juni has placed a huge burden on defendants and could force them to settle their claims for a lower amount than what they are entitled to. A mesothelioma lawyer from NYC can explain to you the benefits of filing a lawsuit and your options for financial compensation if have been diagnosed with mesothelioma.

New York State was the second most popular mesothelioma-related jurisdiction suits in the year 2019. It handled 6percent of all asbestos lawsuit litigation in the nation. It is estimated that around 13,000 patients have been diagnosed with mesothelioma in the state. The majority of those affected were contractors or employees who were exposed to asbestos as it was employed in industrial applications.

The symptoms of mesothelioma don't typically apparent until 25 to 50 years after exposure. Many asbestos patients are fighting for the compensation they need to cover medical expenses as well as lost wages and companionship loss, in addition to other damages.

It is essential to file your mesothelioma lawsuit in a timely manner, but it is also vital to work with mesothelioma lawyers who can assist you in seeking the highest amount of financial compensation. Contact a mesothelioma lawyer in NYC to set up a free appointment that is no-obligation. Your lawyer can help you determine if you're qualified for financial compensation from an asbestos trust.

Damages

If you're suffering from mesothelioma or another asbestos-related disease, a successful lawsuit could compensate your family's losses. Compensation may cover medical bills as well as lost wages due to inability to work, home care expenses, mental anguish and pain loss of quality funeral and burial costs, as well as other costs. A seasoned New York mesothelioma attorney will investigate the responsible parties and gather evidence to back your claims. Your lawyer will then file a civil lawsuit before the statute of limitations runs out in your state.

The courts are well-versed in asbestos lawsuits and have specialized dockets to help speed up the process. They speed up trials for terminally ill plaintiffs and also group similar cases together. Additionally the judges who handle these cases are aware of the heightened risks associated with asbestos exposure and are trained to ensure that justice is served.

According to a study conducted recently, New York City is the national hub for asbestos litigation. Asbestos victims have 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 cancer. However lawsuits brought against companies that exposed workers to asbestos fibers have led to compensation for victims.

These lawsuits aim to punish corporate wrongdoers as indemnizing victims of mesothelioma or other asbestos-related illnesses. The lawsuits seek punitive damages which are given in addition to compensatory damages. The lawsuits are meant to discourage the defendant from repeating the same conduct in the future.

However, the NYCAL decision provides defendants with the chance to have a shot of hope in their struggle to stay clear of punitive damages. In the past, they faced the prospect of massive judgments in these cases, according to the popular belief that their conduct was so egregious that they should be forced to pay punitive damages to deter others from following their lead.

With the ruling in favor plaintiffs, it is likely that many of the businesses named as defendants will be dismissed. This is because even if they're dismissed, they'll need to incur legal costs to defend a case that they did not deserve to be involved in.