New York Asbestos Litigation

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

Recent NYCAL decisions are likely to have a major impact on the defense of asbestos lawsuits. These decisions are likely to result in a number of summary judgment motions based upon the test results of the defendant's fiber/cc and expert reports that put any respirable exposure under an exposure threshold for ambient conditions.

Expert Testimony

New York asbestos attorneys [click through the next post] rely heavily on the testimony of expert witnesses to support their client's claims. Asbestos litigation is expensive and expert witness costs represent a significant proportion of the total cost. Both sides can spend hundreds hours preparing to confront an expert. Experts can charge thousands of dollars per day. For this reason, it is important for litigants to study and evaluate potential experts prior to hiring them. In the absence of doing so, it could result in a failed Daubert challenge or losing cases.

New York has a rich industrial history, and many workers have been exposed to asbestos that is toxic. Many of these workers have suffered asbestos-related illnesses, such as mesothelioma and cancer of the lung. Anyone who has suffered from these conditions can seek compensation from the companies who exposed them to asbestos.

Asbestos suits are quite common in New York and the judges are knowledgeable about the issue. The courts, for example, expedite trials for terminally ill plaintiffs and consolidate cases when necessary to reduce trial costs. In addition, courts regularly review their discovery procedures to ensure they are up-to-date and efficient.

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

The court's decision is likely to impact asbestos litigation throughout New York. The mesothelioma lawyers are currently bombarding the daytime TV with ads that encourage 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 convicted of federal corruption charges in relation to the millions he made by the asbestos cases he directed to their firm.

New Yorkers should be vigilant in their workplaces and communities to avoid asbestos attorney exposure. Asbestos lawsuits have been increasing and New York is among the top jurisdictions in mesothelioma verdicts.

Summary Judgment

A New York asbestos attorney can assist you in obtaining the compensation that you deserve.

Asbestos exposure could lead to serious illnesses like mesothelioma and lung cancer. These diseases are aggressive and have a long time of latency, meaning that victims may be suffering from symptoms as recently as 20 or 25 years after their initial exposure. There are steps workers can take to prevent asbestos exposure and future disease. In recent years the asbestos litigation landscape has undergone several significant changes. In 2015, the political establishment in New York was shook to its foundation by the conviction of Sheldon S. Silver on federal charges of corruption. Silver's corruption convictions stemmed from his secretly working for the law firm of Weitz & Luxenberg, which was where he earned millions of dollars in referral fees for the firm.

The new Albany landscape has also been shattered by the courtroom political machinations of the NYCAL docket. Justice Sherry Klein Heitler was replaced as the longtime manager of NYCAL docket in 2021 following reports that she'd given the "red carpet treatment" to asbestos claims brought by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the wake of this shake-up. His decisions have made it difficult for defendants to obtain the benefit of a summary judgement.

In Juni, the Court of Appeals dealt NYCAL a harsh dose of reality, renouncing the cumulative exposure theory that was popular in the court case and calling for plaintiffs to establish specific causation by proving it through scientific explanation by their experts. This decision gives New York asbestos attorneys a powerful weapon to defend against claims that claim they are fraud or speculative.

In Reid v Abex the Court of Appeals supported asbestos defense lawyers in their efforts to compel plaintiffs to prove a causal link between asbestos-related diseases and products to which they were exposed. This decision places on plaintiffs the obligation to prove that their condition was caused by specific friction materials and linings that were supplied by the defendant, not general exposure to asbestos in the workplace.

Causation

The defendants will need to demonstrate that asbestos caused the disease. The general consensus is that exposure to asbestos-containing materials can cause mesothelioma or other diseases. However, the law requires plaintiffs prove specific exposure to products produced by certain defendants for their claims to be successful.

This is a challenging standard to meet, particularly in NYCAL, where a single judge manages the entire NYC asbestos lawsuit litigation. In the 16 years that have passed since Parker, New York courts struggle to apply the rules from the case. In 2016, the First Department in Matter of NYC Asbestos Litigation, (Juni), ruled that an expert's testimony that a plaintiff "regularly" exposed himself to friction products containing asbestos was not enough to prove the requirement of specific causality under Nemeth.

Juni has placed a huge burden on defendants and could make them to settle their claims for less than what they are entitled to. A mesothelioma attorney in NYC can explain the advantages of filing suit 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 is responsible for 6% of national asbestos litigation. It is estimated that up to 13,000 people have been diagnosed with mesothelioma in the state. The majority of victims were contractors or workers exposed to asbestos in industrial applications.

The symptoms of mesothelioma don't typically apparent until 25 to 50 years after the first exposure. Many asbestos sufferers are fighting for the compensation they need to cover medical expenses and lost wages, as well as loss of companionship and other damages.

While it is crucial to file a mesothelioma lawsuit in a timely manner however, it is equally important to consult with a knowledgeable mesothelioma attorney who can help you obtain the maximum financial restitution possible. Contact a mesothelioma attorney from NYC to schedule a free appointment, no-obligation. Your lawyer can help you determine your rights to financial restitution from an asbestos trust fund.

Damages

If you're suffering from mesothelioma or any other asbestos-related illness, a successful lawsuit could help your family recover losses. 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, as well as other costs. An experienced New York mesothelioma attorney will investigate the responsible parties and collect evidence to support your claims. Your lawyer will then start a civil lawsuit before the statute of limitations expires in your state.

The courts have specialized dockets for asbestos cases in order to speed up the process. They accelerate trials for plaintiffs with terminal illnesses and put similar cases together. Judges who handle these cases have been instructed to ensure justice and are aware of the higher risk of asbestos exposure.

According to a study that was conducted recently, New York City is the nation's hub for asbestos litigation. asbestos lawyers victims have received billions of dollars in settlements and verdicts. Mesothelioma is a deadly form of cancer is caused by asbestos fibers. It is a rare, incurable type of cancer. However, lawsuits filed against companies that exposed workers to asbestos fibers have led to compensation for victims.

In addition to compensating victims of mesothelioma as well as other asbestos-related diseases These lawsuits are also aimed at securing the retribution of corporate wrongdoers. The lawsuits seek punitive damages, which are given in addition to compensatory damages. The lawsuits are designed to discourage the defendant from engaging in similar conduct in the future.

The NYCAL decision gives defendants hope that they will avoid punitive damages. In the past, they been facing the prospect of huge judgments in these cases, according to the popular belief that their conduct was so outrageous that they had to pay punitive damages to prevent others from following suit.

Now, with the ruling in favor of plaintiffs, businesses named as defendants in NYCAL cases can expect to be dismissed in a large percentage of their cases. This is because, even if they are dismissed, they will still need to incur legal costs to defend a case they did not merit to be involved in.