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 prolonged latency.

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

Expert Testimony

New York asbestos attorneys rely heavily on the testimony of experts to back up their client's claims. Asbestos litigation can be very expensive and expert witness fees make up a significant portion of the total costs. Both sides can devote hundreds of hours preparing to confront an expert. Experts can charge thousands of dollar per day. Therefore, it is essential that litigants study and evaluate potential experts in advance. In the absence of doing so, it could result in a failed Daubert challenge or losing cases.

New York has a rich industrial past, and a lot of workers have been exposed to asbestos, which is toxic. Many of these workers developed asbestos-related diseases, including mesothelioma and lung cancer. These workers can seek compensation from the companies who exposed them to asbestos.

Asbestos suits are commonplace in New York and the judges are knowledgeable about the issue. For example, the courts speed up trials for sick plaintiffs, and they often consolidate cases to lower the cost of trial. The courts also examine their discovery procedures to ensure that they are efficient and up-to-date.

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

The court's ruling is expected to have an impact on asbestos litigation in New York. At present, mesothelioma lawyer firms fill the air with ads urging victims to make asbestos lawsuits and promise massive settlements. The niche litigation was especially lucrative for plaintiffs’ attorneys who paid millions in referral fees to Sheldon Silver. Silver was recently found guilty of federal corruption charges related to the millions he made by sending asbestos cases to their firm.

New Yorkers must continue to be aware in their workplaces and in their communities regarding asbestos exposure. Asbestos-related lawsuits are on the rise and New York is among the top jurisdictions for mesothelioma verdicts.

Summary Judgment

A New York asbestos attorney (just click the next web page) can help you receive the compensation you deserve.

Asbestos exposure is often the cause of serious diseases, including mesothelioma as well as lung cancer. These diseases are aggressive and have a long period of latency which means that the victims could only have begun 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 a recurrence of illnesses. In recent years, the asbestos litigation landscape has seen significant changes. The most significant change came in 2015 when the political establishment was shaken to the core following the conviction on federal corruption charges against former Assembly Speaker Sheldon Silver. Silver's corruption convictions stemmed from his secret moonlighting at the law firm of Weitz & Luxenberg, which he used to earn millions of dollars in referral fees for the firm.

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

In Juni, the Court of Appeals gave NYCAL a hefty dose of reality, rejecting the cumulative exposure theory that was popular in the litigation. Instead it required that plaintiffs establish a specific causality with enough scientific evidence from their experts. This ruling gives New York asbestos attorneys a powerful weapon to defend against allegations that claims are false or speculative.

In Reid in Reid Abex the Court of Appeals supported asbestos defense attorneys in their efforts to force plaintiffs to establish a causal connection between asbestos-related diseases and the products to which they were exposed. The decision imposes plaintiffs with the obligation to prove that their illness was caused by specific friction materials and linings that were provided by the defendant, not general exposure to asbestos in the workplace.

Causation

The most difficult challenge facing asbestos defendants is the need to prove causation. The general consensus is that exposure to asbestos-containing substances can lead to mesothelioma or other diseases. However, the law requires plaintiffs demonstrate specific exposure to the products produced by certain defendants for their claims to be successful.

This is a difficult standard to achieve, particularly in NYCAL where only one judge oversees all NYC asbestos litigation. In the 16 years since Parker, New York courts have had a difficult time applying the principles outlined in the case. In 2016, for example the First Department in Matter of NYC Asbestos Litigation (Juni) found that a plaintiff's testimony that he "regularly exposed" himself to asbestos-containing friction products was not sufficient under Nemeth to establish a specific causation.

Juni has placed a huge burden on defendants and may force them settle their claims at a lower amount than they are entitled. A mesothelioma lawyer in NYC will explain the benefits of filing a suit and your options for restitution in the event that you are diagnosed with mesothelioma or any other asbestos-related illnesses.

New York state was the second most popular jurisdiction for mesothelioma lawsuits in the year 2019 and is responsible for 6percent of all asbestos litigation. As many as 13,000 people have been diagnosed with the disease in New York. The majority of the victims have been workers or contractors who were exposed to asbestos because it was used in industrial applications.

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

While it is important to make a mesothelioma claim promptly but it is also essential to consult with a knowledgeable mesothelioma lawyer who can help you pursue the maximum amount of financial compensation that you can. Contact a mesothelioma lawyer in NYC to set up a no-cost, no-obligation appointment. Your lawyer can assist you determine if you're qualified to receive financial compensation from an asbestos trust.

Damages

If you suffer from mesothelioma or another asbestos-related disease A successful lawsuit could compensate your family's losses. Compensation could cover medical expenses and lost wages resulting from inability to work, home-care expenses, mental stress and suffering, loss of quality, funeral and burial costs, as well as other expenses. A seasoned New York asbestos lawyer will investigate the responsible parties to collect evidence and support your claim. After that, your lawyer will bring a lawsuit in civil court before the statute of limitations runs out.

The courts are familiar with asbestos lawsuits and have specialized dockets to help streamline the process. They accelerate trials for plaintiffs with terminal illnesses and put similar cases together. In addition the judges who handle these cases are aware of the higher risk of asbestos exposure and are trained to ensure justice is done.

According to a study conducted recently, New York City is the nation's hub for asbestos litigation. Asbestos victims have claimed billions of dollars in settlements and verdicts. Mesothelioma is a fatal 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 resulted in compensation for victims.

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. They are intended to deter the defendant's actions in the future and discourage others from participating in a similar action.

The NYCAL decision gives defendants the chance to avoid punitive damage awards. Previously, they had faced the prospect of massive judgments in these cases according to the prevalent view that their conduct was so indefensible that they must pay punitive damages to deter others from following suit.

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