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 periods.

Recent NYCAL decisions will have a profound impact on the defense of asbestos suits. These decisions are likely to result in extensive summary judgement motion practice focusing on the defendant's fiber/cc test and expert reports putting any respirable exposure under an exposure threshold for ambient conditions.

Expert Testimony

New York asbestos attorneys rely heavily on the testimony of experts to back up their client's claims. Asbestos litigation is expensive, and expert witness fees represent a significant proportion of the total costs. Both sides can devote hundreds of hours in preparation to question an expert. Experts can charge thousands of dollar per day. This is why it is essential for litigants to carefully examine and verify potential experts prior to their appointment. In the absence of doing so, it could result in a failed Daubert challenge or losing cases.

New York has had a long history of industrialization. Many workers were exposed to asbestos. Many of these workers developed asbestos-related illnesses, like mesothelioma, lung cancer, and so on. They can claim compensation from the companies who exposed them to asbestos.

Asbestos suits are quite common in New York and the judges are familiarized with the issues. The courts, for instance speed up trials in cases of patients who are terminally ill and consolidate cases when necessary to cut down on the cost of trial. The courts also periodically examine their discovery procedures to ensure that they are efficient and up-to-date.

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 the causality. The case was appealed by the defendants, and a decision is expected soon.

The court's decision is likely to have a significant impact on asbestos litigation in New York. There are currently mesothelioma-specific law firms saturate the daytime with commercials urging victims to make asbestos lawyers lawsuits and promise massive settlements. The niche litigation was especially lucrative for plaintiffs' lawyers who repaid millions of referral fees to Sheldon Silver. Silver was recently convicted of federal corruption charges related to the millions he made by the asbestos cases he directed to their firm.

New Yorkers should continue to be vigilant at work, and communities about asbestos exposure. Asbestos lawsuits have been increasing and New York is one of the top jurisdictions for mesothelioma cases.

Summary Judgment

A New York Asbestos Attorney - Posteezy.Com, can help you receive the compensation that you deserve.

Asbestos exposure often leads to serious diseases, including mesothelioma and lung cancer. These illnesses are extremely serious and have a long period of latency which means that patients may start feeling symptoms as recent as 20 or 25 years after the initial exposure. There are steps workers can take to avoid asbestos exposure and a subsequent illness. There have been a number of significant changes in the asbestos lawyers litigation scene in recent years. The most significant change came in 2015 in which the New York political establishment was shaken to its core following the conviction on federal corruption charges against former Assembly Speaker Sheldon Silver. Silver's corruption convictions stemmed from a secretly working 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 the new Albany landscape. Justice Sherry Klein Heitler was removed as the long-time manager of NYCAL docket in 2021 amid reports that she had provided 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 rulings have put a huge burden on defendants, making it nearly impossible for them to obtain summary judgment.

In Juni, the Court of Appeals dealt NYCAL a harsh dose of reality, rejecting the cumulative exposure theory that had become fashionable in the litigation, and requiring plaintiffs to prove the causation of their claims with sufficient scientific evidence from their experts. This decision gives New York asbestos attorneys a powerful tool to defend against allegations that claims are fraud or speculative.

In Reid v. Abex, the Court of Appeals also gave asbestos defense attorneys a boost in their efforts to require plaintiffs to prove the existence of a specific causal connection between their asbestos-related illness and the specific products they were exposed to. In this decision plaintiffs are required to demonstrate that their asbestos-related condition was caused by specific friction materials or linings supplied by the defendant, not general workplace exposure to asbestos.

Causation

The defendants must prove that asbestos caused the disease. There is a consensus that exposure to asbestos-containing materials can cause mesothelioma or other illnesses. However, the law requires plaintiffs be able to prove specific exposure to certain products manufactured by certain defendants in order to be considered valid.

This is a challenging standard to meet, especially in NYCAL where a single judge oversees the entire NYC asbestos litigation. In the 16 years since the decision of Parker, New York courts have had a difficult time applying the principles of the case. In 2016, for example, the First Department in Matter of NYC Asbestos Litigation (Juni) ruled that a plaintiff's expert evidence that he "regularly exposed" himself to asbestos-containing friction products was not sufficient under Nemeth to establish a specific causality.

Juni has placed a heavy burden on defendants, and could force them pay less than what they are entitled to. A mesothelioma lawyer in NYC can explain the advantages of filing a suit and the options to receive financial compensation if you have been diagnosed with mesothelioma.

New York State was the second-most popular jurisdiction for mesothelioma suits in the year 2019. It handled about 6% of the national asbestos litigation. It is estimated that as many as 13,000 people have been diagnosed with mesothelioma within the state. Most of the victims are contractors or workers who were exposed to asbestos because it was employed in industrial applications.

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

It is crucial to file your mesothelioma lawsuit in a timely manner however, it is vital to work with mesothelioma lawyers who can help you seek the most monetary restitution. Contact a mesothelioma lawyer from NYC today to schedule your free, no-obligation consultation. Your attorney will be able to discuss your rights to financial compensation from an asbestos trust fund.

Damages

If you have mesothelioma, or a similar asbestos-related condition, a successful lawsuit could pay for the losses of your family. Compensation could pay for medical expenses, lost income from being unable and home care expenses as well as pain and suffering, mental anxiety and loss of quality of life as well as funeral and burial costs. An experienced New York asbestos lawyer will examine the parties responsible to collect evidence and support your claim. Your lawyer will then start a civil lawsuit before the statute of limitations runs out in your state.

The courts have dockets that are specially designed for asbestos cases that streamline the process. They speed up trials for terminally ill plaintiffs and group similar cases. Additionally, the judges handling these cases are aware of the heightened risk of asbestos exposure and are trained to ensure justice is done.

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

These lawsuits are designed to penalize corporate wrongdoers as in compensating mesothelioma victims or other asbestos-related diseases. The lawsuits seek punitive damages, which are granted in addition to compensatory damages. They are designed to deter the defendant's actions in the future, and discourage others from participating in a similar course of action.

However, the NYCAL decision gives defendants the chance to have a shot of hope in their battle to stay clear of punitive damages. Prior to this, they faced the possibility of huge judgments in these cases, according to the prevalent view that their conduct was so egregious that they had to pay punitive damages in order to discourage others from following their lead.

With the ruling in favor of plaintiffs, it is likely that many of the businesses named as defendants will be reprimanded. This is because, even if they are dismissed, they will need to incur legal costs to defend a case that they did not merit to be involved in.