New York Asbestos Litigation

New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma is an asbestos-related disease that is serious and has long latency times.

Recent NYCAL decisions are likely to have a major impact on the defense of asbestos lawsuits. These decisions are likely to result in extensive summary judgment motion practice focused on the defendant's fiber/cc test and expert reports placing any exposure that is deemed to be respirable below an ambient exposure threshold.

Expert Testimony

New York asbestos attorneys rely heavily on the testimony of expert witnesses to support their client's claims. Asbestos litigation is expensive and expert witness fees make up a significant portion of the total costs. Both sides can spend hundreds hours preparing to question an expert. Experts can charge thousands of dollars per day. Therefore, it is essential that litigants conduct thorough study and evaluate potential experts in advance. Failure to do so can result in a failure of the Daubert contest and a loss of cases.

New York has had a long history of industrial activity. Many workers were exposed to asbestos. Many of these workers have suffered asbestos lawsuit-related illnesses, such as mesothelioma and cancer of the lung. These workers can seek compensation from the businesses who exposed them to asbestos.

Asbestos lawsuits are a common event in New York, and judges are aware of the issues involved. The courts, for example expedite trials in cases of terminally ill plaintiffs and consolidate cases when needed to reduce trial costs. The courts also examine their discovery procedures to ensure that they are efficient and current.

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

The court's decision is likely to have an impact on asbestos litigation across New York. At present, mesothelioma lawyer firms fill the air with commercials urging victims to file asbestos lawsuits, promising huge settlements. The specialized litigation has been particularly lucrative for plaintiffs' lawyers, who have paid millions of dollars in referral fees to former Assembly Speaker Sheldon Silver, who was recently found guilty of federal corruption charges that relate to the millions of dollars he made by directing asbestos cases to his firm.

In addition to these legal developments, New Yorkers need to continue to be vigilant about possible asbestos exposure in their workplaces and communities. Asbestos lawsuits are on the increasing, and New York is among the top jurisdictions for mesothelioma verdicts.

Summary Judgment

A New York asbestos lawyer can help you obtain the compensation you deserve.

Asbestos exposure can lead to serious diseases such as mesothelioma or lung cancer. These are serious diseases, and they have a long period of latency. This means that patients may not be experiencing symptoms until 20 or 25 years following their first exposure. There are steps workers can take to reduce the risk of asbestos exposure and a subsequent disease. Several major changes have occurred in the asbestos litigation landscape in recent years. In 2015 the political establishment of New York was shook to its core by Sheldon Silver's conviction on federal charges of corruption. Silver's convictions for corruption stemmed from his secret employment at the law firm Weitz & Luxenberg. He used this to earn millions in referral fees.

The courtroom politics on the NYCAL docket have also shaken up the new Albany landscape. The long-time supervisor of the NYCAL docket, Justice Sherry Klein Heitler, was replaced in 2021 amidst reports that she gave 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 decisions have placed a heavy burden on defendants, making it nearly impossible for them to get summary judgment.

In Juni, the Court of Appeals dealt NYCAL a harsh dose of reality, rejecting the cumulative exposure theory that had become fashionable in the litigation, and requiring plaintiffs to prove specific causation by proving it through scientific explanation by their experts. This decision provides New York asbestos defense attorneys the ability to defend against allegations of fraudulent and speculative claims.

In Reid v. Abex, the Court of Appeals also gave asbestos defense lawyers support for 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. The decision imposes on plaintiffs the obligation to establish that their disease was caused by specific linings and friction materials which were supplied by the defendant, not general exposure to asbestos in the workplace.

Causation

The defendants will need to demonstrate that asbestos caused the disease. There is a consensus that exposure to asbestos-containing substances can lead to mesothelioma or other illnesses. However the law requires that plaintiffs prove specific exposure to products produced by certain defendants to be considered valid.

This is a tough standard to meet, especially in NYCAL where one judge is in charge of all NYC asbestos litigation. In the 16 years since the decision of Parker, New York courts have been unable to apply the principles outlined in the case. In 2016, the First Department in Matter of NYC Asbestos Litigation, (Juni), ruled the testimony of an expert that a plaintiff "regularly" exposed himself to friction products containing asbestos was not sufficient to establish the requirements of causality specific to Nemeth.

Juni has placed a significant burden on defendants in NYCAL and may force them to settle their claims for less than they are entitled to. A mesothelioma attorney in NYC can explain the advantages of filing suit and your options to receive financial compensation if you have been diagnosed with mesothelioma.

New York state was the second most popular jurisdiction for mesothelioma lawsuits in 2019 and is responsible for 6percent of all asbestos litigation. It is estimated that around 13,000 people have been diagnosed with mesothelioma within the state. Most of the victims were contractors or employees exposed to asbestos in industrial settings.

The symptoms of mesothelioma usually are not evident until the age of 25 to 50 after the initial exposure. Many asbestos victims are fighting for the compensation they need for medical expenses as well as lost wages and companionship loss, in addition to damages.

It is important to file your mesothelioma suit in a timely manner however, it is vital to work with mesothelioma lawyers who can help you seek the highest amount of financial compensation. Call a mesothelioma attorney in NYC to set up a no-cost appointment that is no-obligation. Your attorney will be able to discuss your rights to financial restitution from an asbestos trust fund.

Damages

If you suffer from mesothelioma or another asbestos attorney-related disease A successful lawsuit could compensate your family's losses. Compensation could cover medical expenses and lost wages resulting from inability to work, home-care expenses, mental stress and pain, loss of quality, funeral and burial costs, and other costs. An experienced New York asbestos lawyer will look into the responsible parties to collect evidence and support your claim. Your lawyer can then bring a civil suit before the statute of limitations expires in your state.

The courts are well-versed in asbestos lawsuits, and have dockets specifically designed to simplify the process. They speed up trials for terminally ill plaintiffs and group similar cases. The judges handling these cases are trained to ensure justice and are aware of the increasing risks associated with asbestos.

According to a study conducted recently, New York City is the national hub for asbestos litigation. Asbestos-related victims have claimed billions of dollars in settlements and verdicts. Mesothelioma is a cancer that can be fatal caused by exposure to dangerous asbestos lawsuit fibers. It is a rare, incurable illness, but lawsuits brought against companies that exposed workers to asbestos cancer-causing chemical have led to compensation for victims for their suffering.

These lawsuits aim to punish corporate wrongdoers as well indemnizing victims of mesothelioma or other asbestos-related illnesses. The lawsuits seek punitive damages, which are granted in addition to compensatory damages. The intent of the lawsuits is to deter the defendant from engaging in similar conduct in the future.

However, the NYCAL decision gives defendants an opportunity to win their battle to stay clear of punitive damages. They were in danger of massive judgments in the past, on the basis that their conduct had been so indecent that they had to pay damages for punitive harm to discourage others from following their example.

With the ruling in favor of plaintiffs, it is likely that many of the businesses named as defendants will be disqualified. Even if they were dismissed, they would still have to pay legal fees to defend a case that they didn't have a right to be involved in.