New York Asbestos Litigation

New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma is a serious asbestos-related disease with a long period of latency is the second most frequent mesothelioma patient in the country in 2019.

Recent NYCAL decisions will have a profound impact on the defense of asbestos litigation paralegal suits. These decisions are likely to result in a significant number of summary judgment motions based upon the defendant's fiber/cc tests and expert reports that place any respirable exposure under an exposure threshold in the ambient.

Expert Testimony

New York asbestos lawyers rely heavily on expert witness testimony to support their clients' claims. Expert witness fees can be a significant proportion of total costs involved in asbestos litigation. Lawyers for both sides could spend hundreds of hours in preparation to confront an expert, and experts can charge thousands of dollars per day. Therefore, it is essential that litigants carefully research and vet possible experts prior to contacting them. If they don't, it could result in a failed Daubert Challenge and lost cases.

New York has a rich industrial past, and many workers have been exposed to toxic asbestos. Many of these workers have been diagnosed with asbestos-related diseases, such as mesothelioma and cancer of the lung. They may seek compensation from the businesses who exposed them to asbestos.

Asbestos lawsuits are a common occurrence in New York, and judges are aware of the issues involved. For example, the courts speed up trials for sick plaintiffs, and they often consolidate cases to reduce trial expenses. Additionally, courts regularly review their discovery procedures to ensure that they are current and efficient.

In a case that is notable, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements made by plaintiffs' experts did not prove causation. The defendants filed an appeal, and a decision is expected in the near future.

The court's decision is likely to have a major impact on asbestos defense litigation litigation in New York. Mesothelioma lawyers have been bombarding daytime television with commercials which encourage asbestos victims to file lawsuits, promising massive settlements. The niche litigation has been particularly lucrative for plaintiffs' attorneys who have paid millions of dollars in referral fees to former Assembly Speaker Sheldon Silver, who was recently convicted on federal corruption charges related to the millions of dollars he earned from directing latest asbestos litigation cases towards his firm.

In addition to these legal developments, New Yorkers need to remain aware of the possibility of asbestos exposure in their workplaces and communities. Asbestos lawsuits have been increasing and New York is among the the top jurisdictions for mesothelioma cases.

Summary Judgment

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

Asbestos exposure often leads to serious illnesses, such as mesothelioma and lung cancer. These diseases are extremely serious and have a long latency time. This means that the victims might not be suffering from symptoms until 20 or 25 years following their first exposure. Fortunately, there are steps that workers can take to protect themselves against asbestos exposure and avoid future illnesses. There have been a number of significant changes in the asbestos litigation landscape in recent years. The most significant change came in 2015, when New York's political establishment was shaken to its core following the conviction on federal corruption charges brought against the former Assembly Speaker Sheldon Silver. Silver's corruption convictions stemmed from his secretly working at the law firm of Weitz & Luxenberg, which employed him to earn millions of dollars in referral fees for the firm.

The courtroom politics on the NYCAL docket have also shaken the new Albany landscape. Justice Sherry Klein Heitler was removed as the long-time manager of NYCAL docket in 2021 amidst reports that she had provided the "red carpet treatment" to asbestos claims filed by Weitz & Luxenberg. Following this reshuffle Justice Peter Moulton has taken charge of NYCAL. His decisions have put a huge burden on defendants, making it almost impossible for them to obtain summary judgment.

In Juni, the Court of Appeals dealt NYCAL a harsh dose of truth, rejecting the cumulative exposure theory that was popular in the litigation, and insisting that plaintiffs prove the causation of their claims with sufficient scientific evidence from their experts. This ruling gives New York asbestos litigation group attorneys a powerful tool to defend against allegations that claims are false or Latest asbestos Litigation speculative.

In Reid v Abex, the Court of Appeals also gave asbestos defense lawyers support for their efforts to require plaintiffs to establish a specific causal link between their asbestos-related condition and the specific substances they were exposed to. This decision imposes plaintiffs with the responsibility to prove that their illness was caused by the specific linings and friction materials that were provided by the defendant, and not general exposure to asbestos in the workplace.

Causation

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

This is a challenging 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 struggled to apply the principles of the case. In 2016, for instance the First Department in Matter of NYC Asbestos Litigation (Juni) found that a plaintiff's evidence that he "regularly exposed" himself to friction products containing asbestos litigation group was not sufficient under Nemeth to satisfy a specific causation.

Juni has placed a significant burden on defendants in NYCAL and could force them to settle their claims at a lower amount than they are entitled to. A mesothelioma attorney in NYC can explain the advantages of filing a suit and the options for financial compensation if you have been diagnosed with mesothelioma.

New York state was the second most popular state for mesothelioma-related lawsuits in 2019 and handles about 6% of the national asbestos litigation. As many as 13,000 people have been diagnosed with the disease in New York. Most of the victims were contractors or employees exposed to asbestos in industrial applications.

The symptoms of mesothelioma don't typically evident until 25 to 50 years after the first exposure. Many asbestos patients are fighting to get the compensation they require to cover medical expenses as well as lost wages and companionship loss, in addition to damages.

While it is important to make a mesothelioma claim promptly however, it is equally important to partner with a seasoned mesothelioma lawyer who can help you obtain the maximum financial restitution possible. Contact a mesothelioma attorney in NYC today to set up a free, no-obligation consultation. Your lawyer can assist you 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 pay your family members for their losses. Compensation could cover medical expenses, lost wages due to inability to work, home care expenses, mental anguish and suffering, loss of quality, funeral and burial costs, as well as other expenses. A seasoned New York mesothelioma attorney will look into the parties at fault and gather evidence to support your claims. Your lawyer will then bring a civil suit before the statute of limitations runs out in your state.

The courts are familiar with asbestos lawsuits, and they have specialized dockets to help streamline the process. They speed up 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 higher risk of asbestos exposure.

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

These lawsuits are designed to punish corporate wrongdoers as well indemnizing victims of mesothelioma or other asbestos-related diseases. These lawsuits seek punitive damage awards, which are in addition to compensatory damages. They are intended to discourage the defendant's behavior in the future and latest asbestos litigation deter others from taking part in a similar action.

The NYCAL decision gives defendants the chance to avoid punitive damage awards. They faced the prospect of massive judgments in the past in the belief that their conduct was so egregious, that they would have to pay punitive damage awards to deter other people from committing the same offense.

With the decision in favor of plaintiffs, companies named as defendants in NYCAL cases can expect to be dismissed in a significant percentage of their cases. Even if they were dismissed, they would still have to pay legal fees to defend a case that they didn't deserve to be involved in.