Notes

10 Quick Tips About Asbestos Litigation
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 latency is the second most prevalent mesothelioma-related case in the United States in 2019.

Recent NYCAL decisions will have a profound effect on the defense of asbestos suits. These decisions are likely to result in extensive summary judgement motion practice focused on the defendant's fiber/cc tests and expert reports placing any respirable exposure under an exposure threshold for ambient conditions.

Expert Testimony

New York asbestos lawyers rely heavily on expert witness testimony to support their clients' claims. Asbestos litigation can be extremely expensive and expert witness fees make up a significant portion of the total cost. Both sides can devote hundreds of hours in preparation to question an expert. Experts can charge thousands of dollars per day. Therefore, it is essential that litigants conduct thorough research and vet possible experts in advance. Failure to do this can result in a failure of the Daubert Challenge and lost cases.

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

Asbestos suits are common in New York and the judges are familiarized with the issues. The courts, for instance, expedite trials for terminally ill plaintiffs and consolidate cases when necessary to reduce the cost of trial. The courts also review their discovery procedure to ensure that they are effective and current.

In a landmark case, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements of plaintiffs' experts did not suffice to prove causality. The case was then appealed by the defendants, and a ruling is expected soon.

The court's decision is expected to have a major impact on asbestos litigation in New York. The mesothelioma lawyers are currently bombarding the daytime TV with ads which encourage victims to file asbestos lawsuits, promising huge settlements. The niche litigation was particularly lucrative for plaintiffs' attorneys who repaid millions of referral fees to Sheldon Silver. Silver was recently convicted of federal corruption charges in relation to the millions he made by sending asbestos cases to their firm.

New Yorkers should continue to be vigilant at work and in their communities regarding asbestos exposure. Asbestos-related lawsuits are increasing and New York is one of the top jurisdictions for mesothelioma cases.

Summary Judgment

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

Asbestos exposure often leads to serious diseases, including mesothelioma and lung cancer. These diseases are agressive and have a long period of latency which means that patients may only have begun feeling symptoms as recent as 20 or 25 years after their initial exposure. There are steps workers can take to prevent asbestos exposure and a subsequent illness. In recent years the asbestos litigation landscape has undergone several significant changes. where asbestos litigation taken came in 2015 in which the New York political establishment was shaken to the core by the conviction on federal corruption charges against former Assembly Speaker Sheldon Silver. Silver's corruption convictions stemmed from his secretly working at the law firm of Weitz & Luxenberg, which was where he earned millions of dollars in referral fees for the firm.

The courtroom politics on the NYCAL docket have also shaken the new Albany landscape. The longtime manager of the NYCAL docket, Justice Sherry Klein Heitler, was replaced in 2021 amidst reports that she gave the "red-carpet treatment" to asbestos cases filed by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the following shake-up. His decisions have placed a heavy burden on defendants, making it almost impossible for them to obtain summary judgment.

In Juni the year 2003, the Court of Appeals dealt NYCAL a harsh dose of reality, rejecting the cumulative exposure theory that was popular in the litigation and calling for plaintiffs to establish the causation of their claims with sufficient scientific expression by their experts. This ruling provides New York asbestos attorneys a powerful tool to defend against claims that claim they are false or speculative.

In Reid v Abex, the Court of Appeals also gave asbestos defense attorneys a boost in their efforts to require plaintiffs to establish that there is a causal link between their asbestos-related disease and the particular products that they were exposed to. In this case plaintiffs must demonstrate that their asbestos-related condition was caused by specific friction materials or linings offered by the defendant, rather than general exposure to asbestos in the workplace.

Causation

The most significant challenge facing defendants in asbestos cases is the need to prove causation. It is generally accepted that a person's exposure to asbestos-containing substances can cause mesothelioma and other illnesses, but the law requires plaintiffs to establish specific exposure to certain products made by particular defendants in order to prevail on their claims.

This is a challenging standard to achieve, particularly in NYCAL where a single judge is responsible for the entire 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), ruled that an expert's testimony that plaintiff "regularly" exposed himself to friction products that contained asbestos was not enough to establish specific causality under Nemeth.

Juni has put a huge burden on defendants in NYCAL and could force them to settle their claims for less than what they are entitled to. An attorney for mesothelioma in NYC will explain the benefits of filing a lawsuit as well as your options for restitution in the event that you are diagnosed with mesothelioma or any other asbestos-related diseases.

New York state was the second most popular state for mesothelioma lawsuits in 2019 and is responsible for about 6% of the national asbestos litigation. It is estimated that around 13,000 patients have been diagnosed with mesothelioma in the state. Most of the victims were contractors or employees 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 patients are fighting to get the compensation they need to cover medical expenses loss of wages, companionship loss, in addition to damages.

It is essential to file your mesothelioma lawsuit in a timely fashion, but it is also vital to work with an attorney for mesothelioma who can help you seek the highest amount of financial compensation. Contact a mesothelioma lawyer from NYC today to schedule your free no-obligation consultation. Your attorney can help determine if you're qualified for financial compensation from an asbestos trust.

Damages

If you're suffering from mesothelioma or another asbestos-related disease, a successful lawsuit could compensate your family's losses. Compensation may cover medical bills, lost wages due to inability to work, home-care expenses, mental stress and suffering loss of quality, funeral and burial costs, as well as other costs. A seasoned New York mesothelioma attorney will investigate the responsible parties and collect evidence to support your claims. Your lawyer can then bring a civil suit 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 speed up trials for plaintiffs who are terminally ill and put similar cases together. In addition, the judges handling these cases are aware of the higher dangers associated with asbestos exposure and are trained to ensure justice is served.

According to a study conducted recently, New York City is the national hub for asbestos litigation. Asbestos-related victims received 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, 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 the victims of mesothelioma and the other asbestos-related diseases These lawsuits are also aimed at securing the retribution of corporate wrongdoers. These lawsuits seek punitive damage awards in addition to compensatory damages. They are designed to discourage the defendant's behavior in the future and discourage others from engaging in the same course of action.

The NYCAL decision gives defendants the chance to avoid punitive damage awards. In the past, they been facing the prospect of huge judgments in these cases, with the prevailing theory that their conduct was so egregious that they had to pay punitive damages to prevent others from following suit.

Now, with the ruling in favor of plaintiffs, businesses that are named as defendants in NYCAL cases can expect to be dismissed in a large proportion of their cases. Even if they were dismissed however, they will still need to pay legal fees to defend a case they didn't have a right to be in.

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