New York Asbestos Litigation

New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma is a very serious asbestos-related illness with a long latency period is the second most frequent mesothelioma-related case in the United States in 2019.

Recent NYCAL decisions are likely to have a major impact on the defense of asbestos lawsuits. These decisions will likely result in extensive summary judgment motion practice focused on the defendant's fiber/cc tests and expert reports putting any respirable exposure below an exposure threshold for ambient conditions.

Expert Testimony

New York asbestos lawyers (zenwriting.Net) rely heavily on expert witness testimony to back their clients claim. Expert witness fees can be a a large percentage of the total costs involved in asbestos litigation. Lawyers for both sides can spend a lot of time in preparation to confront an expert, while experts can charge thousands of dollars per day. It is therefore important that litigants carefully study and evaluate potential experts prior to interviewing them. In the absence of this, it could result in a failed Daubert Challenge and losing cases.

New York has a rich industrial history, and many workers have been exposed to asbestos, which is toxic. Many of these workers have been diagnosed with asbestos-related diseases, such as mesothelioma as well as lung cancer. People who have suffered from these ailments can recover compensation from the companies that exposed them to asbestos.

Asbestos suits are commonplace in New York and the judges are knowledgeable about the issue. For example, the courts speed up trials for terminally sick plaintiffs, and they often consolidate cases to reduce the cost of trial. The courts also periodically examine their discovery procedures to ensure that they are effective and current.

In one notable case, Brown v. Weitz & Luxenberg in which the First Department held that conclusory statements on exposure cumulatively made from plaintiffs experts were not sufficient to establish causation in an asbestos case. The defendants filed an appeal 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. The mesothelioma lawyers are bombarding the daytime TV with ads which encourage asbestos victims to file lawsuits, promising massive settlements. The niche litigation has proven 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 earned by directing asbestos cases to his firm.

New Yorkers should be vigilant at work and communities to avoid asbestos exposure. asbestos attorneys lawsuits are on increase and New York is among the top jurisdictions for mesothelioma verdicts.

Summary Judgment

A New York asbestos lawyer can assist you in obtaining the settlement you deserve.

Asbestos exposure is often the cause of serious diseases, including mesothelioma as well as lung cancer. These diseases are aggressive and have a long time of latency which means that the victims could start experiencing symptoms as recently as 20 or 25 years after their first exposure. There are steps that workers can take to reduce the risk of asbestos exposure and future illnesses. There have been a number of significant changes in the asbestos litigation environment in recent years. In 2015 the political establishment of 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 he used to earn millions of dollars in referral fees for the firm.

The courtroom politics on the NYCAL docket have also shaken up the new Albany landscape. Justice Sherry Klein Heitler was replaced as the longtime manager of the NYCAL docket in 2021 following reports that she had given the "red carpet treatment" to asbestos claims brought by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the following shake-up. His rulings have made it more difficult for defendants to obtain summary judgment.

In Juni the year 2003, the Court of Appeals gave NYCAL an ominous dose of reality by rejecting the theory of cumulative exposure that was prevalent in the litigation. Instead it demanded that plaintiffs establish specific causation using sufficient scientific proof from their experts. This ruling gives New York asbestos defense attorneys the ability to defend against claims of speculative and fraudulent claims.

In Reid in Reid Abex the Court of Appeals supported asbestos defense lawyers in their efforts to compel plaintiffs to establish a causal connection between asbestos-related diseases and products to which they were exposed. This decision imposes plaintiffs with the responsibility to prove that their condition was caused by specific linings and friction materials that were provided by the defendant, not general exposure to asbestos in the workplace.

Causation

The defendants will need to prove that asbestos attorneys contributed to the disease. The general consensus is that exposure to asbestos-containing materials can cause mesothelioma or other diseases. However the law requires that plaintiffs prove specific exposure to products manufactured by certain defendants in order for their claims to be successful.

This is a challenging standard to meet, particularly in NYCAL where a single judge oversees all NYC asbestos litigation. In the 16 years since Parker, New York courts have struggled to apply the principles of the case. In 2016 the First Department in Matter of NYC Asbestos Litigation, (Juni) decided that an expert's testimony that plaintiff "regularly" exposed himself to friction products containing asbestos was not enough to establish the requirement of specific causality under Nemeth.

Juni has placed a significant burden on defendants and could make them pay a lower amount than what they are entitled to. An attorney for mesothelioma in NYC will explain the benefits of filing a lawsuit as well as the options for financial restitution if you are diagnosed with mesothelioma or any other asbestos-related diseases.

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

The signs of mesothelioma aren't typically evident until 25 to 50 years after the initial exposure. Many asbestos victims are fighting to get the compensation they need for medical expenses, lost wages and companionship loss, in addition to other damages.

While it is important to file a mesothelioma lawsuit promptly, it is also crucial to consult with a knowledgeable mesothelioma attorney who can help you obtain the maximum financial restitution possible. Contact a mesothelioma attorney from NYC to schedule a free appointment that is no-obligation. Your lawyer can assist you determine if you are eligible to receive financial compensation from an asbestos trust.

Damages

If you're suffering from mesothelioma, or another asbestos-related disease, a successful lawsuit may provide your family with compensation for their losses. Compensation can cover medical bills, lost wages due to inability to work, home care expenses, mental anguish and suffering loss of quality funeral and burial costs, as well as other costs. An experienced New York asbestos lawyer will investigate the responsible parties to gather evidence and support your claim. After that, your lawyer can start a civil lawsuit in court before your state's statute of limitations expires.

The courts are familiar with asbestos lawsuits, and they have dockets specifically designed to streamline the process. They accelerate trials for plaintiffs with terminal illnesses and put similar cases together. Judges who handle these cases are trained to ensure justice and are aware of the increased risks associated with asbestos.

According to a study 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 is a fatal cancer that is caused by exposure to hazardous asbestos fibers. It is a rare and fatal illness, but lawsuits brought against companies that exposed workers to the cancer-causing substance have aided in compensating victims for their suffering.

These lawsuits are designed to punish corporate wrongdoers as in compensating mesothelioma victims or other asbestos-related diseases. These lawsuits seek punitive damages awards that are in addition to compensatory damages. They are designed to discourage the defendant's behavior in the future and deter others from taking part in a similar action.

However the NYCAL decision gives defendants the chance to have a shot of hope in their fight to stay clear of punitive damages. Prior to this, 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 deter others from following suit.

With the decision in favor of plaintiffs, companies named as defendants in NYCAL cases can expect to be dismissed in a large percentage of their cases. Even if they were to be dismissed however, they will still need to pay legal fees to defend a case they didn't deserve to be in.