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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 a long latency, is the second most common mesothelioma-related case in the United States in 2019.

Recent NYCAL decisions are likely to have a significant impact on the defense of asbestos lawsuits. These decisions will likely result in extensive summary judgement motions focusing on the defendant's fiber/cc test and expert reports placing any respirable exposure below the threshold of exposure to ambient air.

Expert Testimony

New York asbestos lawyers rely heavily on expert witness testimony to prove their clients' claims. Expert witness fees can make up a significant proportion of total costs in asbestos litigation. Lawyers for both sides could spend hours in preparation to question an expert, and experts can charge thousands of dollars per day. It is crucial that litigants conduct thorough research and vet possible experts prior to contacting them. Failure to do so can result in a sham Daubert challenge or 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 suffered asbestos-related illnesses, including mesothelioma and cancer of the lung. These workers can claim compensation from the companies who exposed them to asbestos.

Asbestos lawsuits are a regular event in New York, and judges are familiar with the issues that arise. For example, the courts expedite trials for terminally sick plaintiffs, and they 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 did not prove the causality. The defendants appealed the decision, and a decision is expected in the near future.

The court's decision is likely to have a significant impact on asbestos litigation in New York. Currently, specialized mesothelioma law firms pepper daytime TV with commercials urging victims to bring asbestos lawsuits, promising huge settlements. The specialized litigation has been particularly lucrative for plaintiffs' lawyers who have repaid millions of dollars in referral fees to former Assembly Speaker Sheldon Silver, who was recently convicted on federal corruption charges relating to the millions of dollars he made by directing asbestos cases to his firm.

In addition to these legal developments, New Yorkers should continue to be vigilant about possible asbestos exposure at work and in their communities. Asbestos lawsuits have been on the rise and New York is among the most prominent jurisdictions for mesothelioma verdicts.

Summary Judgment

A New York asbestos lawyer can assist you in obtaining the settlement you're entitled to.

Asbestos exposure can lead to serious diseases, such as mesothelioma and lung cancer. These diseases are agressive and have a long latency period which means that patients may be suffering from symptoms as recently as 20 or 25 years after their initial exposure. There are ways for workers to safeguard themselves from asbestos exposure and avoid future illnesses. In recent years, the asbestos litigation landscape has seen a number of significant changes. In 2015 the political establishment in New York was shook to its core by Sheldon Silver's conviction for federal corruption charges. Silver's corruption convictions stemmed from a secretly working 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 has also been shaken by the courtroom political machinations of the NYCAL docket. The longtime manager of the NYCAL docket, Justice Sherry Klein Heitler was sacked in 2021 amidst reports that she gave the "red-carpet treatment" to asbestos cases brought by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the aftermath of the shake-up. His rulings have placed a significant burden on defendants, making it nearly impossible for them to obtain summary judgment.

In Juni the year 2003, the Court of Appeals gave NYCAL an ominous dose of reality by denying the cumulative exposure theory that was popular in the litigation. Instead, it demanded plaintiffs prove causality with enough scientific evidence from their experts. This ruling gives New York asbestos defense attorneys the ability to defend against allegations of fraudulent and speculative claims.

In Reid in Reid 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 illness and the particular products that they were exposed to. The decision imposes on plaintiffs the obligation to prove that their condition was caused by the specific friction materials and linings that were provided by the defendant, and not general exposure to asbestos in the workplace.

Causation

The defendants must prove that asbestos contributed to the disease. The consensus is that exposure to asbestos-containing substances can lead to mesothelioma or other diseases. However the law requires that plaintiffs be able to prove specific exposure to certain products produced by certain defendants in order to be successful.

This is a challenging standard to meet, especially in NYCAL where a single judge oversees the entire NYC asbestos lawsuit 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 evidence that plaintiff "regularly" exposed himself to friction products containing asbestos was not enough to prove the requirements of causality specific to Nemeth.

Juni has placed a huge burden on defendants and could oblige them to settle their claims at a lower amount than they are entitled. A mesothelioma attorney in NYC can explain to you the benefits 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 suits in the year 2019. It handled about 6% of the asbestos litigation across the country. It is estimated that around 13,000 people have been diagnosed with mesothelioma in the state. The majority of patients were workers or contractors exposed to asbestos in industrial settings.

The signs of mesothelioma generally do not appear until 25 to 50 after the initial exposure. Many asbestos victims are now battling to obtain the compensation they need to pay for medical expenses, lost wages, loss of companionship, and other damages.

While it is important to start a mesothelioma lawsuit in a timely manner however, it is equally important to partner with a seasoned mesothelioma attorney who can assist you in obtaining the highest amount of financial compensation that you can. Contact a mesothelioma attorney from NYC to schedule a free, no-obligation appointment. Your attorney can discuss your rights to financial compensation from an asbestos trust fund.

Damages

If you suffer from mesothelioma or any other asbestos attorney-related illness A successful lawsuit could compensate your family's losses. Compensation can cover medical bills, lost wages due to inability to work, home care expenses, mental stress and suffering loss of quality, funeral and burial costs, and other expenses. A seasoned New York asbestos lawyer will look into the responsible parties to gather evidence and support your claim. After that, your lawyer can file a lawsuit in civil court before the state's statute of limitations expires.

The courts have dockets that are specially designed for asbestos cases that streamline the process. They expedite trials for terminally-ill plaintiffs, and also group similar cases. Judges who handle these cases have been instructed to ensure justice and are aware of the higher dangers associated with asbestos.

According to a study conducted recently, New York City is the nation's hub for asbestos litigation. Asbestos victims received billions in settlements and verdicts. Mesothelioma is a deadly form of cancer, is caused by asbestos fibers. It is a rare, incurable illness, but lawsuits brought 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 diseases the lawsuits aim at punishing corporate wrongdoers. These lawsuits seek punitive damage awards 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 offers defendants a glimmer of hope in their battle to stay clear of punitive damages. Previously, they had 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, firms that are named as defendants in NYCAL cases could be dismissed in a substantial proportion of their cases. Even if they were to be dismissed but they'd still have to pay legal fees to defend a case that they didn't deserve to be involved in.