New York Asbestos Litigation

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

Recent NYCAL decisions are expected to have a significant impact on the defense of asbestos 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 respirable exposure under 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. Expert witness fees can be a significant proportion of total cost of asbestos litigation. Lawyers on both sides could spend a lot of time prepping to interview an expert, and experts can charge thousands of dollars per day. For this reason, it is important for litigants to research and vet potential experts in advance. If they don't, it could result in a failed Daubert Challenge and losing cases.

New York has had a long history of industrial activity. Many workers were exposed to asbestos. Many of these workers have developed asbestos-related illnesses, such as mesothelioma and cancer of the lung. They can seek compensation from the companies who exposed them to asbestos.

Asbestos suits are quite common in New York and the judges are well-versed in the subject. The courts, for instance expedite trials in cases of seriously ill plaintiffs and combine cases when needed to reduce trial costs. In addition the courts are regularly reviewing their discovery procedures to ensure they are up-to-date and efficient.

In one case of note, Brown v. Weitz & Luxenberg in which the First Department held that conclusory cumulative exposure statements from plaintiffs experts were not sufficient to establish the causality in an asbestos case. The defendants appealed the decision, and a decision is expected in the near future.

The court's decision is expected to have a significant impact on asbestos litigation in New York. Currently, specialized mesothelioma law firms fill the air with advertisements urging people to file asbestos lawsuits, promising giant settlements. The niche litigation was especially lucrative for plaintiffs’ attorneys who repaid millions of referral fees to Sheldon Silver. Silver was recently found guilty of federal corruption charges relating to the millions he made by the asbestos cases he directed to their firm.

In addition to these legal developments, New Yorkers need to continue to be vigilant about possible asbestos exposure in their workplaces and communities. Asbestos lawsuits have been increasing and New York is one of the top jurisdictions for mesothelioma cases.

Summary Judgment

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

Asbestos exposure is often the cause of serious illnesses, such as mesothelioma and cancer of the lung. These are serious diseases, and they have a long time to develop. This means that patients may not be experiencing symptoms until 20 or 25 years following their first exposure. There are steps that workers can take to avoid asbestos exposure and the development of a future illnesses. There have been a number of significant changes in the asbestos litigation scene in recent years. In 2015 the political establishment in New York was shook to its core by the conviction of Sheldon Silver for federal corruption charges. Silver's convictions for corruption stemmed from his shady employment at the law firm Weitz & Luxenberg. He used this to earn millions of referral fees.

The courtroom politics on the NYCAL docket have also shaken up 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 given the "red carpet treatment" to asbestos-related claims filed by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the aftermath of the shake-up. His decisions have made it more difficult for defendants to obtain summary judgement.

In Juni the year 2003, the Court of Appeals gave NYCAL a hefty dose of reality by denying the cumulative exposure theory that was popular in the litigation. Instead, it demanded that plaintiffs establish specific causality with enough scientific evidence from their experts. This ruling provides New York asbestos attorneys - starr-olesen.Hubstack.net - a strong argument against claims that claim to be speculative or fraudulent.

In Reid in Reid Abex the Court of Appeals supported asbestos defense lawyers in their efforts to require plaintiffs to establish a causal connection between asbestos-related diseases and products to which they were exposed. In this ruling, plaintiffs are required to prove that their asbestos-related disease 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 asbestos defendants is the need to prove causation. It is generally accepted that exposure to asbestos-containing substances causes mesothelioma and other diseases, but the law requires plaintiffs to prove specific exposure to products manufactured by particular defendants to prevail on their claims.

This is a difficult standard to achieve, particularly in NYCAL where one judge is in charge of all NYC asbestos litigation. In the 16 years since Parker, New York courts have struggled to apply the principles outlined in the case. In 2016, for instance the First Department in Matter of NYC asbestos lawsuit Litigation (Juni) found that a plaintiff's evidence that he "regularly exposed" himself to asbestos-containing friction products was not sufficient under Nemeth to satisfy a specific causality.

Juni has imposed a substantial 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 can explain the benefits of filing a suit and your options for restitution financial if you are diagnosed with mesothelioma, or other asbestos-related diseases.

New York state was the second most popular state for mesothelioma-related lawsuits in 2019 and is responsible for 6% of national asbestos litigation. It is estimated that as many as 13,000 patients have been diagnosed with mesothelioma in the state. The majority of those affected were contractors or employees who were exposed to asbestos as it was used in industrial applications.

The signs of mesothelioma typically don't manifest until between 25 to 50 after the initial exposure. Many asbestos victims are fighting to receive the compensation they require for medical expenses loss of wages, companionship loss, among other damages.

It is essential to file your mesothelioma suit in a timely manner, but it is also important to consult mesothelioma lawyers who can help you seek the maximum financial restitution. Contact a mesothelioma lawyer from NYC today to schedule a free no-obligation consultation. Your attorney will be able to discuss your eligibility for financial restitution from an asbestos trust fund.

Damages

If you're suffering from mesothelioma, or another asbestos-related disease, a successful lawsuit could pay your family members for their losses. Compensation can cover medical bills, lost income due to being unable to work, home care expenses as well as pain and suffering, mental anxiety, loss of quality of life as well as funeral and burial costs. A seasoned New York mesothelioma attorney will examine the parties responsible and gather evidence to support your claims. After that, your lawyer will bring a lawsuit in civil court before the time limit expires.

The courts are familiar with asbestos lawsuits, and have dockets that are specifically designed to streamline the process. They speed up trials for terminally ill plaintiffs and put similar cases together. The judges handling these cases are trained to ensure justice and are aware of the increasing risk of asbestos exposure.

According to a study conducted recently, New York City is the nation's hub for asbestos litigation. Asbestos-related victims have claimed billions of dollars in settlements and verdicts. Mesothelioma is a fatal cancer caused by exposure to harmful asbestos fibers. It is an uncommon, incurable cancer. However lawsuits filed against companies that exposed workers to asbestos fibers have resulted in compensation for victims.

In addition to remunerating the 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 awarded in addition to compensatory damages. They are intended to deter the defendant's conduct in the future, and discourage others from engaging in a similar action.

The NYCAL decision gives defendants hope that they will avoid punitive damages. In the past, they faced the possibility of huge judgments in these cases, according to the popular belief that their conduct was so indefensible that they must pay punitive damages in order to discourage others from following their lead.

With the ruling in favor of plaintiffs, it is expected that a lot of the companies named as defendants will be dismissed. This is because even if they get dismissed, they'll be required to pay legal fees to defend a case they didn't deserve to be involved in.