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New York asbestos lawsuit Litigation

New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma is a serious asbestos-related cancer with a long latency period is the second most prevalent mesothelioma-related case in the United States in the year 2019.

Recent NYCAL decisions are likely to have a significant impact on the defense of asbestos lawsuits. These decisions could result in extensive summary judgment motion practice focusing on the defendant's fiber/cc tests and expert reports placing any respirable exposure under an ambient exposure threshold.

Expert Testimony

New York asbestos attorneys rely heavily on the testimony of experts to support their client's claims. Expert witness fees can make up a a large percentage of the total costs involved in asbestos litigation. Both sides can devote hundreds of hours preparing to confront an expert. Experts can charge thousands of dollars per day. Therefore, it is essential for litigants to carefully study and evaluate potential experts prior to hiring them. If they don't, it could result in a failed Daubert Challenge and lost cases.

New York has had a long history of industrial activity. Many workers were exposed to asbestos. Many of these workers developed asbestos-related diseases, such as mesothelioma, lung cancer, and so on. They 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 instance, the courts expedite trials for terminally ill plaintiffs, and they often combine cases to cut down on the cost of trial. The courts also review their discovery procedure 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 did not prove the causality. The case was re-argued by the defendants, and a decision is expected soon.

The court's decision is likely to impact asbestos litigation throughout New York. At present, mesothelioma lawyer firms fill the air with advertisements urging people to make asbestos lawsuits and promise huge settlements. The specialized litigation has been particularly lucrative for plaintiffs' lawyers who have repaid millions of dollars in referral fees to former Assembly Speaker Sheldon Silver, who was recently convicted on federal corruption charges relating to the millions of dollars he made from directing asbestos attorney cases towards his firm.

New Yorkers should be aware in their workplaces and communities to avoid asbestos exposure. Asbestos-related lawsuits are on the rise, and the state is one of the most sought-after jurisdictions for mesothelioma verdicts.

Summary Judgment

A New York asbestos attorney can assist you in obtaining the compensation you deserve.

Asbestos exposure could lead to serious diseases such as mesothelioma or lung cancer. These are serious diseases and have a long period of latency. This means that patients may not be developing symptoms until twenty or 25 years after their initial exposure. There are ways for workers to protect themselves against asbestos exposure and avoid a recurrence of 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 in referral fees.

The new Albany landscape is also impacted by the courtroom political machinations of the NYCAL docket. The longtime manager of the NYCAL docket, Justice Sherry Klein Heitler, was replaced in 2021 amidst reports that she had given the "red-carpet treatment" to asbestos cases brought by Weitz & Luxenberg. In the wake of this reshuffle, Justice Peter Moulton has taken the reigns of NYCAL. His rulings have placed a heavy burden on defendants, making it almost impossible for them to get summary judgment.

In Juni the year 2003, the Court of Appeals dealt NYCAL with a savage dose of reality, renouncing the cumulative exposure theory that was popular in the court case and requiring plaintiffs to prove specific causation through sufficient scientific evidence from their experts. This ruling gives New York asbestos attorneys a strong argument against claims that claim they are speculative or fraudulent.

In Reid in Reid 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 disease and the specific products 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 that were supplied by the defendant, and not general exposure to asbestos in the workplace.

Causation

The most significant challenge facing defendants in asbestos cases is the need to prove that there is a causal link. It is generally accepted that exposure to asbestos-containing materials causes mesothelioma and various other diseases, but the law requires plaintiffs to prove specific exposure to products manufactured by particular defendants in order to prevail on their claims.

This is a difficult standard to meet, particularly in NYCAL where a single judge oversees all NYC asbestos litigation. In the 16 years that have passed since Parker, New York courts struggle to apply the principles from the case. In 2016, for example the First Department in Matter of NYC Asbestos Litigation (Juni) decided that a plaintiff's expert declaration that he "regularly exposed" himself to friction products containing asbestos was not sufficient under Nemeth to satisfy specific causation.

Juni has placed a heavy burden on defendants and could make them settle their claims at an amount lower than what they are entitled to. A mesothelioma lawyer from NYC can explain to you the benefits of filing suit and your options to receive financial compensation if you have been diagnosed with mesothelioma.

New York state was the second most popular jurisdiction for mesothelioma-related lawsuits in 2019 and handles 6% of national asbestos litigation. Around 13,000 people are estimated to have been diagnosed with the disease in New York. The majority of the victims are contractors or workers who were exposed to asbestos when it was being used in industrial applications.

The symptoms of mesothelioma don't typically apparent until 25 to 50 years after exposure. Many asbestos patients are battling to obtain the compensation they need to pay for medical expenses, lost wages, loss of companionship and other losses.

It is essential to file your mesothelioma claim in a timely fashion however, it is essential to work with a mesothelioma lawyer who can assist you in obtaining the highest amount of financial compensation. Contact a mesothelioma lawyer in NYC today to schedule a free, no-obligation consultation. Your attorney can help you determine if you're eligible for financial compensation from an asbestos trust.

Damages

If you have mesothelioma, or another asbestos-related disease, a successful lawsuit could help your family recover losses. Compensation may cover medical bills and lost wages resulting from inability to work, home care expenses, mental stress and suffering loss of quality funeral and burial costs, and other costs. A seasoned New York asbestos lawyer will look into the responsible parties to gather evidence and prove your claim. Your lawyer will then bring a civil suit before the statute of limitations runs out in your state.

The courts have specialized dockets for asbestos cases in order to speed up the process. They accelerate trials for terminally ill plaintiffs and also group similar cases together. Additionally the judges who decide these cases are aware of the heightened risks associated with asbestos exposure and are trained to ensure justice is served.

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 caused by exposure to dangerous asbestos fibers. It is an uncommon, incurable cancer. However lawsuits brought against companies that exposed workers to asbestos fibers have helped compensate victims.

In addition to compensating victims of mesothelioma and other asbestos-related illnesses, these lawsuits are aimed at punishing corporate wrongdoers. These lawsuits seek punitive damages awards that are in addition to compensatory damages. They are intended to deter the defendant's actions in the future, and discourage others from taking part in a similar course of action.

However, the NYCAL decision offers defendants an opportunity to win their struggle to stay out of punitive damages. They faced the prospect of huge judgments in the past in the belief that their conduct had been so indecent that they should pay punitive damage awards to discourage others from following suit.

With the decision in favor of plaintiffs, it is likely that a lot of the companies named as defendants will be reprimanded. This is because, even if they are dismissed, they will still need to incur legal costs to defend a case they didn't deserve to be involved in.