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 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 upon the defendant's fiber/cc tests and expert reports that put any exposure that can be deemed respirable below an exposure threshold for ambient conditions.

Expert Testimony

New York asbestos lawyers 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 hundreds of hours in preparation to question an expert, while experts can charge thousands of dollars per day. It is crucial that litigants carefully research and vet possible experts in advance. Failure to do this can result in a shaky 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 have been diagnosed with asbestos defense litigation-related illnesses, such as mesothelioma as well as lung cancer. They can seek compensation from the businesses who exposed them to asbestos.

Asbestos lawsuits are a common in New York, and judges are familiar with the issues that arise. For instance, courts speed up trials for patients, and often combine cases to cut down on the cost of trial. The courts also review their discovery procedure to ensure that they are effective and up-to date.

In a case that is notable, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements made by plaintiffs' experts were not sufficient to establish causality. The case was re-argued by the defendants, and a ruling is expected to be issued soon.

The court's decision is likely to have a significant impact on asbestos litigation in New York. The mesothelioma lawyers are bombarding the daytime TV with ads which encourage victims to file asbestos suits, promising huge settlements. The niche litigation has proven particularly lucrative for plaintiffs' lawyers who have paid millions of dollars in referral fees to former Assembly Speaker Sheldon Silver, who was recently convicted on federal corruption charges that relate to the millions of dollars he earned from directing asbestos cases to his firm.

In addition to these legal developments, New Yorkers should continue to be aware of the possibility of asbestos exposure in their work environments and Asbestos Law & Litigation communities. asbestos litigation paralegal 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 amount of compensation you are due.

Asbestos exposure could lead to serious illnesses like mesothelioma or lung cancer. These diseases are aggressive and have a long period of latency. This means that patients may not have started developing symptoms until twenty or 25 years after their initial exposure. There are steps workers can take to reduce the risk of asbestos exposure and future illnesses. In recent years the asbestos litigation scene has seen significant changes. The most significant development came in 2015 in which the New York political establishment was shaken to its core by the conviction on federal corruption charges against the former Assembly Speaker Sheldon Silver. Silver's corruption convictions stemmed from a secret moonlighting at the law firm of Weitz & Luxenberg, which he used to earn millions of dollars in referral fees for the firm.

The new Albany landscape is also impacted by the courtroom politics of the NYCAL docket. Justice Sherry Klein Heitler was replaced as the longtime manager of NYCAL docket in 2021 following reports that she had given the "red carpet treatment" to asbestos claims filed by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the following shake-up. His rulings have put a huge burden on defendants, making it virtually impossible for them to obtain summary judgment.

In Juni, the Court of Appeals gave NYCAL a hard dose of reality by rejecting the cumulative exposure theory that was a popular argument in the litigation. Instead it required plaintiffs prove causation using sufficient scientific proof from their experts. This decision gives New York asbestos attorneys a powerful weapon to defend against claims that claim they are speculative or fraudulent.

In Reid v Abex, the Court of Appeals also gave asbestos defense attorneys support for their efforts to require plaintiffs to prove a specific causal link between their asbestos-related illness and the specific substances they were exposed to. In this decision plaintiffs are required to prove that their asbestos-related disease was caused by specific friction materials or linings supplied by the defendant, not general workplace exposure to asbestos.

Causation

The most difficult challenge facing defendants in asbestos law and litigation cases is the need to prove causation. There is a consensus that exposure to asbestos-containing materials can lead to mesothelioma or other illnesses. However the law requires plaintiffs to prove specific exposure to products manufactured by certain defendants for their claims to be successful.

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 of the case. In 2016, for instance, the First Department in Matter of NYC Asbestos Litigation (Juni) ruled that a plaintiff's expert testimony that he "regularly exposed" himself to asbestos-containing friction products was not sufficient under Nemeth to establish a specific causality.

Juni has placed a heavy burden on defendants and could make them to settle their claims for an amount lower than they are entitled. A mesothelioma lawyer from NYC can explain to you the benefits of filing suit and your options for 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 is responsible for 6% of national asbestos litigation. It is estimated that around 13,000 patients have been diagnosed with mesothelioma in the state. Most of the victims have been workers or contractors who were exposed to asbestos law & litigation when it was being used in industrial processes.

The signs of mesothelioma aren't usually evident until 25 to 50 years after the initial exposure. Many asbestos victims are fighting to receive the compensation they deserve to cover medical expenses loss of wages, companionship loss, in addition to other damages.

While it is crucial to file a mesothelioma lawsuit in a timely manner however, it is equally important to consult with a knowledgeable mesothelioma attorney who can assist you in obtaining the highest amount of financial restitution that is possible. Call a mesothelioma attorney in NYC to set up a no-cost, no-obligation appointment. Your attorney will be able to discuss your rights to financial restitution from an asbestos trust fund.

Damages

If you're suffering from mesothelioma or any other asbestos exposure litigation-related disease A successful lawsuit can provide your family with compensation for their losses. Compensation can cover medical expenses, lost income from being unable to work 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 investigate the responsible parties and gather evidence to support your claims. Your lawyer will then file a civil lawsuit before the statute of limitations expires in your state.

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

According to a study conducted recently, New York City is the national center for asbestos litigation. Asbestos victims have received billions of dollars in settlements and verdicts. Mesothelioma is a fatal cancer is caused by asbestos fibers. It is a rare and incurable disease, but lawsuits against companies who exposed workers to the cancer-causing substance have aided in compensating victims for their suffering.

In addition to compensating victims of mesothelioma as well as other asbestos-related illnesses the lawsuits aim at punishing corporate wrongdoers. The lawsuits seek punitive damages, which are given in addition to compensatory damages. The lawsuits are meant to discourage the defendant from engaging in similar conduct in the future.

The NYCAL decision gives defendants hope that they will avoid punitive damages. They had the possibility of huge judgments in the past, in the belief that their conduct was so bad that they should pay damages for punitive harm to deter other people from following suit.

With the decision in favor of plaintiffs, companies named as defendants in NYCAL cases could be dismissed in a large proportion of their cases. This is because, even if they are dismissed, they'll need to incur legal fees to defend a case that they didn't deserve to be involved in.