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New York asbestos litigation cases Litigation

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

Recent NYCAL decisions will have a significant impact on the defense of asbestos lawsuits. These decisions could result in extensive summary judgment motion practice focused on the defendant's fiber/cc test as well as expert reports putting any respirable exposure under an ambient exposure threshold.

Expert Testimony

New York asbestos lawyers rely heavily on expert witness testimony to prove their clients their claims. Asbestos litigation can be extremely expensive, and expert witness fees make up a significant portion of the total costs. Lawyers on both sides could spend hundreds of hours in preparation to question an expert, while experts can charge thousands of dollars per day. Therefore, it is important for litigants to research and vet potential experts prior to their appointment. Failure to do so can result in a sham Daubert challenge or losing cases.

New York has had a long history of industrial activity. Many workers were exposed to asbestos. Many of these workers have developed asbestos-related diseases, including mesothelioma, lung cancer, and so on. Anyone who has suffered from these ailments can seek compensation from the companies who exposed them to asbestos.

Asbestos suits are commonplace in New York and the judges are familiarized with the issues. For instance, the courts speed up trials for terminally sick plaintiffs, and they often combine cases to cut down on trial expenses. The courts also periodically examine their discovery procedures to ensure that they are efficient and up-to date.

In a case that is notable, 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 case was appealed by defendants, and a ruling is expected in the near future.

The court's ruling is expected to have an impact on asbestos litigation across New York. There are currently mesothelioma-specific law firms fill the air with advertisements urging people to make asbestos lawsuits and promise huge settlements. The niche litigation was particularly lucrative for plaintiffs’ attorneys who paid millions of referral fees to Sheldon Silver. Silver was recently convicted of federal corruption charges in relation to the millions he earned by directing asbestos cases to their firm.

In addition to these legal developments, New Yorkers must remain vigilant about possible asbestos exposure in their workplaces and communities. Asbestos-related lawsuits are on the rise and near the state is one of the top jurisdictions for mesothelioma cases.

Summary Judgment

A New York asbestos defense litigation lawyer can help you obtain the compensation you're entitled to.

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 which means that the victims could only have begun feeling symptoms as recent as 20 or 25 years after their first exposure. Fortunately, there are steps that workers can take to protect themselves against asbestos exposure and prevent future illnesses. In recent years the asbestos litigation scene has undergone several major changes. The most significant development came in 2015, when New York's political establishment was shaken to the core following the conviction on federal corruption charges brought against former Assembly Speaker Sheldon Silver. Silver's convictions for corruption stemmed from his secret employment at the law firm Weitz & Luxenberg. He utilized this to earn millions of referral fees.

The new Albany landscape has also been shattered by the courtroom politics 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 given the "red carpet treatment" to asbestos claims filed by Weitz & Luxenberg. In the wake of this reshuffle, Justice Peter Moulton has taken charge of NYCAL. His decisions have put a huge burden on defendants, making it almost impossible for them to obtain summary judgment.

In Juni, the Court of Appeals gave NYCAL a hard dose of reality, rejecting the cumulative exposure theory that was a popular argument in the litigation. Instead, it demanded that plaintiffs establish specific causation with sufficient scientific expression from their experts. This ruling provides New York asbestos attorneys a strong argument against claims that claim they are fraud or speculative.

In Reid In Reid Abex the Court of Appeals supported asbestos defense lawyers in their efforts to require plaintiffs to prove a causal link between asbestos-related diseases and products to which they were exposed. In this case plaintiffs must demonstrate that their asbestos-related condition was caused by specific friction materials or linings provided by the defendant, not general exposure to asbestos in the workplace.

Causation

The defendants must demonstrate that asbestos caused the disease. It is generally accepted that exposure to certain asbestos-containing materials is a cause of mesothelioma and other diseases, but the law requires plaintiffs to prove specific exposure to certain products made by specific defendants in order to prevail on their claims.

This is a difficult standard to meet, especially in NYCAL, where a single judge manages the entire NYC asbestos litigation. In the 16 years that have passed since Parker, New York courts struggle to apply the rules from the case. In 2016, for instance, the First Department in Matter of NYC Asbestos Litigation (Juni) decided that a plaintiff's expert declaration 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 make them settle their claims at an amount lower than they are entitled. A mesothelioma attorney in NYC can explain the advantages of filing a lawsuit and your options for financial compensation if have been diagnosed with mesothelioma.

New York state was the second most popular state for mesothelioma lawsuits in 2019, and it handles 6percent of all asbestos litigation. It is estimated that as many as 13,000 people have been diagnosed with mesothelioma within the state. The majority of patients were contractors or employees exposed to asbestos in industrial settings.

The symptoms of mesothelioma usually do not appear until 25 to 50 years after the initial exposure. Many asbestos sufferers are battling to obtain the compensation they need to cover medical costs as well as lost wages, loss of companionship and other losses.

It is important to file your mesothelioma suit in a timely fashion, but it is also important to consult a mesothelioma lawyer who can help you seek the highest amount of financial compensation. Contact a mesothelioma attorney in NYC today to set up a free, no-obligation consultation. Your lawyer can help you determine your eligibility for financial compensation from an asbestos trust fund.

Damages

If you suffer from mesothelioma or another asbestos litigation paralegal-related disease, a successful lawsuit can pay for the losses of your family. Compensation can 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, and other expenses. A seasoned New York asbestos lawyer will investigate the responsible parties to gather evidence and prove your claim. After this, your lawyer may file a lawsuit in civil court before the state's statute of limitations expires.

The courts are familiar with asbestos lawsuits, and have dockets specifically designed to speed up the process. They accelerate trials for plaintiffs who are terminally ill and put similar cases together. The judges who are handling these cases have been instructed to ensure justice and are aware of the higher risks associated with asbestos.

According to a research study conducted recently, New York City is the nation's hub for asbestos litigation. Asbestos-related victims received billions of dollars in settlements and verdicts. Mesothelioma, a deadly cancer is caused by asbestos fibers. It is an uncommon, incurable cancer. However lawsuits brought against companies who exposed workers to asbestos fibers have led to compensation for victims.

In addition to remunerating the victims of mesothelioma and other asbestos-related diseases the lawsuits aim at securing the retribution of corporate wrongdoers. These lawsuits seek punitive damage awards that are in addition to compensatory damages. The lawsuits are designed to discourage the defendant from engaging in similar behavior in the future.

The NYCAL decision gives defendants the chance to avoid punitive damages. They were in danger of massive judgments in the past, on the basis that their conduct was so indecent that they would have to pay punitive damage awards to deter other people from following suit.

With the decision in favor of plaintiffs, businesses named as defendants in NYCAL cases could be dismissed in a significant portion of their cases. Even if they were to be dismissed but they'd still have to pay legal fees to defend a case they didn't have a right to be involved in.