New York Asbestos Litigation

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

Recent NYCAL decisions will have a profound impact on the defense of asbestos suits. These decisions could result in extensive summary judgement motion practice focused on the defendant's fiber/cc test and expert reports placing any respirable exposure 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. Expert witness fees can be a a large percentage of the total costs in asbestos litigation. Lawyers for both sides could spend hundreds of hours in preparation to question an expert, while experts can charge thousands of dollars per day. This is why it is essential for litigants to thoroughly study and evaluate potential experts prior to their appointment. If they don't, it could result in a failed Daubert Challenge and losing 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 diseases, including mesothelioma, lung cancer, and so on. They can seek compensation from the businesses who exposed them to asbestos.

Asbestos lawsuits are a regular occurrence in New York, and judges are familiar with the issues that arise. For example, the courts expedite trials for terminally patients, and often consolidate cases to reduce trial expenses. Additionally, courts regularly review their discovery procedures to ensure they are up-to-date and effective.

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

The court's decision is expected to have a profound impact on asbestos lawsuits litigation in New York. The mesothelioma lawyers are bombarding television during the day with ads which encourage victims to file asbestos lawsuits, promising massive 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 related to the millions of dollars he made from directing asbestos cases to his firm.

New Yorkers should be aware in their workplaces, and communities about asbestos exposure. Asbestos-related lawsuits are on the increasing and the state is one of the top jurisdictions for mesothelioma verdicts.

Summary Judgment

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

Asbestos exposure often leads to serious illnesses, such as mesothelioma as well as lung cancer. These illnesses are extremely serious and have a long period of latency, meaning that victims may start feeling symptoms as recent as 20 or 25 years after their initial exposure. There are steps that workers can take to protect themselves against asbestos exposure and prevent future disease. Several major changes have occurred in the asbestos litigation environment in recent years. In 2015 the political establishment in New York was shook to its core by Sheldon Silver's conviction on federal corruption charges. Silver's convictions for corruption stemmed from his secret moonlighting at 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. The long-time supervisor of the NYCAL docket, Justice Sherry Klein Heitler was sacked in 2021 amid reports that she gave the "red-carpet treatment" to asbestos cases filed by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the following shake-up. His rulings have placed a heavy burden on defendants, making it virtually impossible for them to get summary judgment.

In Juni the year 2003, the Court of Appeals gave NYCAL a hefty dose of reality, rejecting the cumulative exposure theory that was a popular argument 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 powerful weapon to defend against claims that claim they are fraud or speculative.

In Reid v. Abex, the Court of Appeals also gave asbestos defense attorneys support for their efforts to require plaintiffs to establish the existence of a specific causal connection between their asbestos-related disease and the specific substances they were exposed to. In this case plaintiffs must prove that their asbestos-related illness was caused by specific friction materials or linings offered by the defendant, rather than general workplace exposure to asbestos.

Causation

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

This is a challenging standard to achieve, particularly in NYCAL, where a single judge is responsible for the entire NYC asbestos litigation. In the 16 years since Parker, New York courts have struggled to apply the principles of the case. In 2016, for example the First Department in Matter of NYC Asbestos Litigation (Juni) found that a plaintiff's evidence that he "regularly exposed" himself to friction products containing asbestos was not sufficient under Nemeth to satisfy specific causality.

Juni has placed a huge burden on defendants and may make them pay a lower amount than they are entitled. A mesothelioma attorney in NYC can explain to you the benefits of filing a suit and the options to receive financial compensation if you have been diagnosed with mesothelioma.

New York state was the second most popular state for mesothelioma-related lawsuits in 2019, and it handles 6% of national asbestos litigation. It is estimated that as many as 13,000 patients have been diagnosed with mesothelioma in the state. Most of the victims were contractors or employees who were exposed to asbestos when it was being employed in industrial applications.

The symptoms of mesothelioma usually do not appear until 25 to 50 after the initial exposure. Many asbestos victims are now fighting to get the compensation they need to cover medical expenses as well as lost wages, loss of companionship and other damages.

It is important to file your mesothelioma suit promptly, but it is also important to consult a mesothelioma lawyer who can assist you in seeking the highest amount of financial compensation. Contact a mesothelioma attorney in NYC today to set up a free, no-obligation consultation. Your lawyer can assist determine if you're qualified for financial compensation from an asbestos trust.

Damages

If you have mesothelioma, or another asbestos-related disease A successful lawsuit could compensate your family's losses. Compensation could pay for medical expenses, lost income from being unable and home care expenses, pain and suffering, mental anxiety and 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 bring a lawsuit in civil court before the state's time limit expires.

The courts have dockets that are specially designed for asbestos cases in order to speed up the process. They speed up trials for terminally ill plaintiffs, and also group similar cases. Additionally the judges who handle these cases are aware of the heightened dangers associated with asbestos exposure and are trained to ensure justice is done.

According to a study that was conducted recently, New York City is the nation's hub for asbestos litigation. Asbestos-related victims have claimed billions of dollars in settlements and verdicts. Mesothelioma, a deadly cancer is caused by asbestos fibers. It is a rare, incurable cancer. However lawsuits brought against companies that exposed workers to asbestos fibers have helped compensate victims.

In addition to compensating victims of mesothelioma and the other asbestos-related illnesses, these lawsuits are aimed at securing the retribution of corporate wrongdoers. The lawsuits seek punitive damages, which are granted in addition to compensatory damages. They are designed to discourage the defendant's behavior in the future and discourage others from participating in a similar action.

The NYCAL decision gives defendants hope that they can stay clear of punitive damages. In the past, they faced the prospect of massive judgments in these cases according to the prevalent view that their conduct was so outrageous that they had to pay punitive damages to prevent others from following their lead.

With the decision in favor of plaintiffs, it is expected that many of the companies that were named as defendants will be reprimanded. This is because even if they get dismissed, they'll be required to pay legal costs to defend a case that they didn't deserve to be involved in.