Notes

The No. 1 Question Everyone Working In Asbestos Litigation Should Be Able Answer
asbestos exposure litigation ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma is an asbestos-related serious illness that has prolonged latency.

Recent NYCAL decisions will have a significant impact on the defense of asbestos lawsuits. These decisions are likely to result in a number of summary judgment motions based on the asbestos defendant's tests for fiber/cc as well as expert reports that put any exposure that can be deemed respirable below an exposure threshold in the ambient.


Expert Testimony

New York asbestos attorneys rely heavily on the testimony of expert witnesses to support their client's claims. Asbestos litigation is expensive, and expert witness fees represent a significant proportion of the total cost. Lawyers on both sides could spend hours prepping to interview an expert, while experts can charge thousands of dollars per day. This is why it is important for litigants to carefully study and evaluate potential experts prior to hiring them. Failure to do this could result in a sham Daubert contest and a loss of cases.

New York has had a long history of industrial activity. Many workers were exposed to asbestos. Many of these workers have been diagnosed with asbestos-related illnesses, such as mesothelioma as well as lung cancer. These workers can seek compensation from the businesses who exposed them to asbestos.

Asbestos lawsuits are a regular event in New York, and judges are well-versed in the issues that arise. For instance, the courts expedite trials for terminally sick plaintiffs, and they often combine cases to cut down on costs for trial. Additionally the courts are regularly reviewing their discovery procedures to ensure they are current and efficient.

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

The court's decision is expected to have a major impact on asbestos litigation in New York. Mesothelioma lawyers have been bombarding television during the day with ads which urge victims to file asbestos lawsuits, promising huge settlements. The niche litigation was particularly lucrative for plaintiffs' attorneys who paid millions of referral fees to Sheldon Silver. Silver was recently found guilty of federal corruption charges related to the millions he earned by directing asbestos cases to their firm.

In addition to these legal developments, New Yorkers should remain vigilant about possible asbestos exposure at work and in their communities. Asbestos lawsuits have been on the rise and New York is one of top jurisdictions in mesothelioma verdicts.

Summary Judgment

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

Asbestos exposure often leads to serious diseases, such as mesothelioma as well as lung cancer. These diseases are aggressive and have a long time of latency which means that the victims could start feeling symptoms as recent as 20 or 25 years after their initial exposure. 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 seen major changes. The most significant change occurred 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 courtroom politics on the NYCAL docket have also shaken up the new Albany landscape. The longtime manager of the NYCAL docket, Justice Sherry Klein Heitler was sacked in 2021 amidst reports that she provided the "red-carpet treatment" to asbestos cases filed by Weitz & Luxenberg. In the wake of this reshuffle, Justice Peter Moulton has taken the charge of NYCAL. His rulings 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, rejecting the cumulative exposure theory that was becoming popular in the litigation and requiring plaintiffs to prove the causation of their claims with sufficient scientific evidence from their experts. This decision provides New York asbestos defense attorneys a powerful tool to defend against allegations of speculative and fraudulent claims.

In Reid In Reid Abex the Court of Appeals supported asbestos defense attorneys in their efforts to require plaintiffs to prove a causal connection between asbestos-related illnesses and the products to which they were exposed. In this ruling plaintiffs must prove that their asbestos-related illness was caused by specific friction materials or linings offered by the defendant, not general workplace exposure to asbestos.

Causation

The most significant challenge facing defendants in asbestos cases is the need to prove that there is a causal link. It is generally accepted that exposure to asbestos-containing materials can cause mesothelioma and various other illnesses, but the law requires plaintiffs to establish specific exposure to products manufactured by specific defendants in order to prevail on their claims.

This is a tough standard to achieve, particularly in NYCAL, where a single judge is responsible for the entire NYC asbestos litigation. In the 16 years since the decision of Parker, New York courts have been unable to apply the principles outlined in the case. In 2016, for instance the First Department in Matter of NYC Asbestos Litigation (Juni) found that a plaintiff's testimony that he "regularly exposed" himself to friction products containing asbestos was not sufficient under Nemeth to satisfy specific causality.

Juni has put a huge burden on defendants in NYCAL and could oblige them to settle their claims for less than what they are entitled to. An attorney for mesothelioma in NYC can explain the benefits of filing a lawsuit and the options for financial restitution if you are diagnosed with mesothelioma or other asbestos-related diseases.

New York state was the second most popular jurisdiction for mesothelioma lawsuits in the year 2019 and is responsible for about 6% of the national asbestos litigation. Up to 13,000 people have been diagnosed with the disease in New York. The majority of the victims are contractors or workers who were exposed to asbestos as it was used in industrial processes.

Symptoms of mesothelioma are not typically evident until between 25 and 50 years after exposure. Many asbestos patients are fighting to get the compensation they require for medical expenses as well as lost wages and companionship loss, among other damages.

It is important to file your mesothelioma claim in a timely fashion however, it is essential to work with mesothelioma lawyers who can assist you in seeking the maximum financial restitution. Contact a mesothelioma attorney in NYC today to set up a free, no-obligation consultation. Your attorney can discuss your eligibility for financial compensation from an asbestos trust fund.

Damages

If you suffer from mesothelioma, or another asbestos-related disease A successful lawsuit can provide your family with compensation for their losses. Compensation could cover medical expenses and lost wages resulting from inability to work, home-care expenses, mental anguish and pain, loss of quality funeral and burial costs, as well as other costs. An experienced New York asbestos lawyer will investigate the responsible parties to gather evidence and prove your claim. Your lawyer will then file a civil lawsuit before the statute of limitations expires in your state.

The courts are well-versed in asbestos lawsuits and have dockets specifically designed to streamline the process. They expedite trials for terminally-ill plaintiffs, and also group similar cases. Additionally, the judges handling these cases are aware of the increased risks associated with asbestos exposure and are trained to ensure that justice is done.

According to a recent study, New York City is the national center for asbestos litigation. Asbestos victims have claimed billions of dollars in settlements and verdicts. Mesothelioma is a deadly cancer caused by exposure to dangerous asbestos fibers. It is a rare and incurable disease, but lawsuits against companies that exposed workers to the cancer-causing chemical have led to compensation for victims for their suffering.

In addition to compensating the victims of mesothelioma and the other asbestos-related illnesses the lawsuits aim at punishing corporate wrongdoers. The lawsuits seek punitive damages, which are awarded in addition to compensatory damages. They are intended to deter the defendant's conduct in the future, and discourage others from participating in a similar action.

The NYCAL decision gives defendants hope that they will avoid punitive damages. Prior to this, they been facing the prospect of huge judgments in these cases with the prevailing theory that their conduct was so outrageous that they should be forced to pay punitive damages to prevent others from following suit.

Now, with the ruling in favor of plaintiffs, firms that are named as defendants in NYCAL cases are likely to be dismissed in a significant portion of their cases. Even if they are dismissed but they'd still have to pay legal fees to defend a case that they didn't deserve to be in.

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