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New York Asbestos Litigation

New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma, a serious asbestos-related cancer with a long period of latency, is the second most common mesothelioma case nationwide in 2019.

Recent NYCAL decisions will have a profound effect on the defense of asbestos suits. These decisions will likely result in extensive summary judgement motions focusing on the defendant's fiber/cc test and expert reports putting any respirable exposure under the threshold of exposure to ambient air.

Expert Testimony

New York asbestos attorneys rely heavily on the testimony of expert witnesses to support their client's claims. Expert witness fees can make up a an enormous portion of total costs involved in asbestos litigation. Both sides can spend hundreds hours preparing to question an expert. Experts can charge thousands of dollar per day. Therefore, it is essential that litigants carefully examine and verify potential experts in advance. In the absence of this, it could result in a failed Daubert Challenge and losing cases.

New York has a rich industrial past, and many workers have been exposed to asbestos lawsuit, which is toxic. Many of these workers developed asbestos-related illnesses, like mesothelioma or lung cancer. Anyone who has suffered from these ailments are entitled to compensation from companies that exposed them to asbestos.

Asbestos lawsuits are a regular event in New York, and judges are familiar with the issues that arise. For instance, courts speed up trials for sick plaintiffs, and they often combine cases to cut down on trial expenses. The courts also review their discovery process to ensure that they are effective and up-to date.

In one case of note, Brown v. Weitz & Luxenberg in which the First Department held that conclusory cumulative exposure statements by plaintiffs experts were not sufficient to establish the causation in asbestos cases. The case was re-argued by defendants, and a decision is expected soon.

The court's decision is expected to have a major impact on asbestos litigation in New York. At present, mesothelioma lawyer firms pepper daytime TV with advertisements urging people to make asbestos lawsuits and promise giant settlements. The niche litigation was especially lucrative for plaintiffs’ attorneys who paid millions in referral fees to Sheldon Silver. Silver was recently convicted of federal corruption charges relating to the millions he earned by sending asbestos cases to their firm.

In addition to these legal developments, New Yorkers must continue to be vigilant about possible asbestos exposure at work and in their communities. Asbestos lawsuits are on the increase, and New York is among the most sought-after jurisdictions for mesothelioma verdicts.

Summary Judgment

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

Asbestos exposure can lead to serious diseases like mesothelioma or lung cancer. These illnesses are extremely serious and have a long time of latency which means that patients may only have begun suffering from symptoms as recently as 20 or 25 years after their first exposure. Fortunately, there are steps that workers can take to protect themselves against asbestos exposure and avoid future disease. In recent years, the asbestos litigation landscape has undergone several significant 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 of the former Assembly Speaker Sheldon Silver. Silver's convictions for corruption stemmed from his shady work at the law firm Weitz & Luxenberg. He made millions of referral fees.

The new Albany landscape is also impacted by the courtroom politics of the NYCAL docket. The longtime manager of the NYCAL docket, Justice Sherry Klein Heitler, was replaced in 2021 following reports that she gave the "red-carpet treatment" to asbestos cases brought by Weitz & Luxenberg. In the wake of this shakeup, Justice Peter Moulton has taken the charge of NYCAL. His decisions have made it difficult for defendants to get summary judgement.

In Juni the year 2003, the Court of Appeals dealt NYCAL with a brutal dose of reality, renouncing the cumulative exposure theory that was becoming popular in the litigation and insisting that plaintiffs prove specific causation through sufficient scientific explanation by their experts. This decision gives New York asbestos attorneys a powerful tool to defend against claims that claim they are fraud or speculative.

In Reid in Reid Abex the Court of Appeals supported asbestos defense attorneys in their efforts to require plaintiffs to establish a causal connection between asbestos-related diseases and products to which they were exposed. In this decision plaintiffs are required to demonstrate that their asbestos-related condition was caused by specific friction materials or linings supplied by the defendant, not general workplace exposure to asbestos.

Causation

The defendants must prove that asbestos caused the disease. It is generally accepted that exposure to asbestos-containing substances can cause mesothelioma, among other illnesses, but the law requires plaintiffs to establish specific exposure to certain products made by particular defendants in order to be successful in their claims.

This is a tough standard to achieve, particularly in NYCAL where only one judge oversees all NYC asbestos litigation. In the 16 years that have passed since Parker, New York courts struggle to apply the rules of the case. In 2016, the First Department in Matter of NYC asbestos attorney Litigation, (Juni) decided the testimony of an expert that plaintiff "regularly" exposed himself to friction products containing asbestos was not sufficient to satisfy the requirements of causality specific to Nemeth.

Juni has put a huge burden on defendants in NYCAL and could force them to settle their claims for less than they are entitled to. A mesothelioma lawyer in NYC can explain to you the benefits of filing a lawsuit and your options for financial compensation if have been diagnosed with mesothelioma.

New York State was the second-most popular jurisdiction for mesothelioma suits in 2019. It handled 6% of all national asbestos litigation. Around 13,000 people have been diagnosed with the disease in New York. Most of the victims have been workers or contractors who were exposed to asbestos as it was being employed in industrial applications.

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

It is crucial to file your mesothelioma suit in a timely fashion, but it is also important to consult mesothelioma lawyers who can assist you in obtaining 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 suffer from mesothelioma or any other asbestos-related disease, a successful lawsuit may compensate your family for your losses. Compensation can cover medical expenses, lost income due to being unable to work, home care expenses as well as pain and suffering mental anxiety and loss of quality of life and funeral and burial costs. An experienced New York mesothelioma attorney will investigate the responsible parties and gather evidence to support your claims. Your lawyer can then start a civil lawsuit before the statute of limitations expires in your state.

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

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

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

The NYCAL decision gives defendants hope that they will stay clear of punitive damages. They were in danger of massive judgments in the past on the basis that their conduct had been so bad that they should pay punitive damages to discourage others from committing the same offense.

With the ruling in favor of plaintiffs, it is likely that many of the businesses named as defendants will be disqualified. This is because, even if they are dismissed, they'll need to incur legal costs to defend a case they did not deserve to be involved in.