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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 times.

Recent NYCAL decisions will have a significant impact on the defense of asbestos lawsuits. These decisions could result in extensive summary judgment motions focusing on the defendant's fiber/cc tests and expert reports that place any respirable exposure under the threshold of exposure to ambient air.

Expert Testimony

New York asbestos attorneys rely heavily on the testimony of experts to prove their clients' claims. Expert witness fees can make up a significant proportion of total costs in asbestos litigation. Both sides can devote hundreds of hours preparing to question an expert. Experts can charge thousands of dollars per day. For this reason, it is crucial for litigants to carefully examine and verify potential experts prior to their appointment. In the absence of doing so, it could result in a sham Daubert contest and a loss of cases.

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

Asbestos suits are quite common in New York and the judges are well-versed in the subject. For instance, the courts speed up trials for terminally sick plaintiffs, and they often consolidate cases to lower the cost of trial. Additionally courts frequently review their discovery procedures to ensure they are up-to-date and effective.

In a case that is notable, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements of plaintiffs' experts were not sufficient to establish causation. The case was re-argued by defendants, and a ruling is expected in the near future.

The court's ruling is expected to have an impact on asbestos litigation in New York. The mesothelioma lawyers are currently bombarding television during the day with ads that urge victims to file asbestos suits, promising 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 found guilty of federal corruption charges relating to the millions of dollars he made from directing asbestos cases towards his firm.

New Yorkers must continue to be vigilant at work and in their communities regarding asbestos exposure. Asbestos lawsuits are on the increase and New York is among 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 like mesothelioma or lung cancer. These diseases are aggressive, and they have a long period of latency. This means that the victims might not be developing symptoms until twenty or 25 years after their initial exposure. There are steps that workers can take to safeguard themselves from asbestos exposure and avoid a recurrence of disease. There have been a number of significant changes in the asbestos litigation scene in recent years. The most significant development came in 2015, when New York's political establishment was shaken to its core by the conviction on federal corruption charges brought against the former Assembly Speaker Sheldon Silver. Silver's convictions for corruption were a result of his covert employment at the law firm Weitz & Luxenberg. He utilized this to earn millions of referral fees.

The new Albany landscape is also impacted by the courtroom politics of the NYCAL docket. The longtime manager of the NYCAL docket, Justice Sherry Klein Heitler was sacked in 2021 following reports that she gave the "red-carpet treatment" to asbestos cases filed by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the aftermath of the shake-up. His rulings have put a huge burden on defendants, making it virtually impossible for them to get summary judgment.

In Juni the year 2003, the Court of Appeals dealt NYCAL with a brutal dose of reality, renouncing the cumulative exposure theory that was becoming popular in the court case and requiring plaintiffs to prove specific causation by proving it through scientific expression by their experts. This ruling gives New York asbestos attorneys a strong argument against claims that claim to be fraud or speculative.

In Reid in Reid Abex, the Court of Appeals also gave asbestos defense lawyers support for their efforts to require plaintiffs to establish the existence of a specific causal connection between their asbestos-related illness and the particular products that 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, rather than general exposure to asbestos in the workplace.

Causation

The defendants must prove that asbestos caused the disease. The general consensus is that exposure to asbestos-containing materials can lead to mesothelioma or other diseases. However, the law requires plaintiffs prove specific exposure to products produced by certain defendants in order to be considered valid.

This is a tough standard to achieve, particularly in NYCAL, where a single judge oversees the entire NYC asbestos litigation. In the 16 years since Parker, New York courts struggle to apply the rules of the case. In 2016, for instance the First Department in Matter of NYC Asbestos Litigation (Juni) decided that a plaintiff's expert testimony that he "regularly exposed" himself to asbestos-containing friction products was not sufficient under Nemeth to satisfy a specific causality.

Juni has placed a huge burden on defendants, and could force them pay a lower amount than what they are entitled to. A mesothelioma attorney in NYC can explain to you the benefits of filing a lawsuit and your options for financial compensation if you have been diagnosed with mesothelioma.

New York State was the second-most popular jurisdiction for mesothelioma suits in 2019. It was the sole handler of 6percent of all asbestos litigation across the country. It is estimated that up to 13,000 patients have been diagnosed with mesothelioma within the state. The majority of victims were workers or contractors exposed to asbestos in industrial applications.

The signs of mesothelioma typically do not appear until 25 to 50 years after initial exposure. Many asbestos patients are fighting to get the compensation they need for medical expenses loss of wages, companionship loss, in addition to other damages.

While it is important to file a mesothelioma lawsuit promptly however, it is equally important to consult with a knowledgeable mesothelioma lawyer who will help you pursue the maximum financial restitution possible. Contact a mesothelioma lawyer in NYC today to schedule a free, no-obligation consultation. Your lawyer can assist you determine if you are eligible for financial compensation from an asbestos trust.

Damages

If you suffer from mesothelioma or any other asbestos-related illness, a successful lawsuit may compensate your family for your losses. Compensation may cover medical bills as well as lost wages due to inability to work, home care expenses, mental anguish and suffering loss of quality funeral and burial costs, and other expenses. An experienced New York mesothelioma attorney will look into the parties at fault and gather evidence to support your claims. Your lawyer can then start a civil lawsuit before the statute of limitations expires in your state.

The courts are well-versed in asbestos lawsuits, and have dockets that are specifically designed to speed up the process. They speed up trials for terminally ill plaintiffs, and group similar cases. Additionally the judges who handle these cases are aware of the higher dangers associated with asbestos exposure and are trained to ensure justice is done.

According to a recent study, New York City is a national hub for asbestos litigation. Asbestos victims have claimed billions of dollars in settlements and verdicts. Mesothelioma is a cancer that can be fatal caused by exposure to harmful asbestos fibers. It is a rare, incurable disease, but lawsuits against companies that exposed workers to the cancer-causing substance have aided in compensating victims for their suffering.

In addition to compensating victims of mesothelioma and the other asbestos-related illnesses, these lawsuits are aimed at securing the retribution of corporate wrongdoers. These lawsuits seek punitive damage awards, which 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 action.

The NYCAL decision gives defendants the chance to avoid punitive damage awards. In the past, they been facing the prospect of huge judgments in these cases, according to the popular belief that their conduct was so egregious that they had to pay punitive damages to prevent others from committing the same crime.

With the decision in favor of plaintiffs, firms named as defendants in NYCAL cases are likely to be dismissed in a substantial portion of their cases. This is because even if they get dismissed, they will have to spend money on legal costs to defend a case that they did not deserve to be involved in.