New York Asbestos Litigation

New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma is a very serious asbestos-related cancer with a long latency is the second most prevalent mesothelioma patient in the country in 2019.

Recent NYCAL decisions are expected to have a profound impact on the defense of asbestos lawsuits. These decisions are likely to result in extensive summary judgement motion practice focused on the defendant's fiber/cc tests and expert reports placing any respirable exposure below an exposure threshold for ambient conditions.

Expert Testimony

New York asbestos lawsuit attorneys (postheaven.net) rely heavily on the testimony of experts to back up their client's claims. Expert witness fees can make up a an enormous portion of total cost of asbestos litigation. Lawyers for both sides could spend hours in preparation to question an expert, and experts can charge thousands of dollars per day. This is why it is essential for litigants to carefully study and evaluate potential experts prior to their appointment. Failure to do this could result in a failure of the Daubert challenge and lost cases.

New York has had a long history of industrialization. Many workers were exposed to asbestos. Many of these workers developed asbestos-related diseases, such as mesothelioma or lung cancer. Anyone who has suffered from these conditions are entitled to compensation from companies who exposed them to asbestos.

Asbestos lawsuits are a common in New York, and judges are well-versed in the issues that arise. The courts, for example expedite trials in cases of seriously ill plaintiffs and combine cases when necessary to reduce trial costs. Additionally, courts regularly review their discovery procedures to make sure they are up-to-date and efficient.

In a landmark case, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements made by plaintiffs' experts did not prove causality. The defendants filed an appeal, 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. The mesothelioma lawyers are bombarding the daytime TV with ads that urge victims to file asbestos lawsuits, promising massive settlements. The niche litigation has proven particularly lucrative for plaintiffs' attorneys, who have paid millions of dollars in referral fees to former Assembly Speaker Sheldon Silver, who was recently found guilty of federal corruption charges relating to the millions of dollars he earned by directing asbestos cases to his firm.

New Yorkers must continue to be aware in their workplaces and in their communities regarding asbestos exposure. Asbestos lawsuits are on increasing, and the state is one of the most sought-after jurisdictions for mesothelioma verdicts.

Summary Judgment

A New York asbestos lawyer can help you obtain the compensation you're entitled to.

Asbestos exposure can lead to serious illnesses, such as mesothelioma and cancer of the lung. These diseases are agressive and have a long time of latency which means that patients may be experiencing symptoms as recently as 20 or 25 years after their initial exposure. Fortunately, there are steps that workers can take to safeguard themselves from asbestos exposure and prevent future disease. In recent years, the asbestos litigation landscape has undergone several major changes. In 2015, the political establishment in New York was shook to its core by the conviction of Sheldon Silver on 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 in referral fees.

The new Albany landscape has also been shattered by the courtroom political machinations of the NYCAL docket. The long-time supervisor of the NYCAL docket, Justice Sherry Klein Heitler was sacked in 2021 amid reports that she provided the "red-carpet treatment" to asbestos cases filed by Weitz & Luxenberg. In the wake of this reshuffle, Justice Peter Moulton has taken the charge of NYCAL. His decisions have placed a significant burden on defendants, making it virtually impossible for them to get summary judgment.

In Juni, the Court of Appeals dealt NYCAL with a savage dose of truth, rejecting the cumulative exposure theory that was popular in the litigation and calling for plaintiffs to establish specific causation by proving it through scientific explanation by their experts. This ruling gives New York asbestos attorneys a powerful weapon to defend against claims that claim to be 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 a specific causal link between their asbestos-related illness and the particular products that they were exposed to. This decision places plaintiffs with the responsibility to establish that their disease was caused by the specific linings and friction materials which were supplied 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 illnesses. However the law requires that plaintiffs be able to prove specific exposure to certain products produced by certain defendants in order to be successful.

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 the decision of Parker, New York courts have struggled to apply the principles outlined in that case. In 2016, the First Department in Matter of NYC Asbestos Litigation, (Juni) ruling the testimony of an expert that plaintiff "regularly" exposed himself to friction products containing asbestos was not enough to prove specific causality under Nemeth.

Juni has imposed a substantial burden on defendants in NYCAL and may make them settle their claims for less than they are entitled to. A mesothelioma lawyer in NYC can explain to you the benefits of filing a lawsuit and your options for financial compensation if have been diagnosed with mesothelioma.

New York state was the second most popular state for mesothelioma-related lawsuits in 2019, and it handles about 6% of the national 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 as it was employed in industrial applications.

The symptoms of mesothelioma usually are not evident until the age of 25 to 50 years after the initial exposure. Many asbestos patients are fighting for the compensation they need to cover medical expenses and lost wages, as well as loss of companionship and other losses.

It is important to file your mesothelioma claim promptly, but it is also essential to work with a mesothelioma lawyer who can help you seek the highest amount of financial compensation. Contact a mesothelioma attorney from NYC to set up a free appointment, no-obligation. 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 can pay your family members for their losses. Compensation may cover medical bills, lost wages due to inability to work, home care expenses, mental stress and pain loss of quality, funeral and burial costs, as well as other expenses. A seasoned New York asbestos lawyer will examine the parties responsible to gather evidence and prove your claim. After this, your lawyer may bring a lawsuit in civil court before the state's statute of limitations runs out.

The courts are familiar with asbestos lawsuits, and have specialized dockets to help streamline the process. They speed up trials for terminally ill plaintiffs and also group similar cases together. The judges handling these cases have been trained to ensure justice and are aware of the higher dangers associated with asbestos.

According to a recent study, New York City is the nation's hub for asbestos litigation. asbestos lawsuit victims received billions in settlements and verdicts. Mesothelioma is a cancer that can be fatal caused by exposure to harmful asbestos fibers. It is a rare and fatal disease, however lawsuits filed against companies that exposed workers to the cancer-causing chemical have led to compensation for victims for their suffering.

In addition to remunerating the victims of mesothelioma as well as other asbestos-related illnesses, these lawsuits are aimed at punishing corporate wrongdoers. The lawsuits seek punitive damages, which are granted in addition to compensatory damages. The lawsuits are designed to discourage the defendant from engaging in similar conduct in the future.

However, the NYCAL decision offers defendants the chance to have a shot of hope in their fight to stay clear of punitive damages. Prior to this, they faced the possibility of huge judgments in these cases with the prevailing theory that their conduct was so outrageous that they should be forced to pay punitive damages to deter others from following suit.

With the ruling in favor plaintiffs, it is likely that a lot of the companies named as defendants will be disqualified. This is because even if they get dismissed, they will still have to spend money on legal fees to defend a case that they didn't deserve to be involved in.