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New York Asbestos Litigation

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

Recent NYCAL decisions will have a profound impact on the defense of asbestos suits. These decisions will likely result in extensive summary judgment motions focusing on the defendant's fiber/cc test and expert reports putting any respirable exposure below the threshold of exposure to ambient air.

Expert Testimony

New York asbestos attorneys rely heavily on the testimony of expert witnesses to prove their clients' claims. Expert witness fees can account for significant proportion of total costs involved in asbestos litigation. Lawyers for both sides could spend hundreds of hours in preparation to confront an expert, and experts can charge thousands of dollars per day. Therefore, it is important for litigants to carefully study and evaluate potential experts prior to hiring them. Failure to do this can result in a shaky Daubert Challenge and losing cases.

New York has had a long history of industrialization. Many workers were exposed to asbestos. Many of these workers have suffered asbestos-related illnesses, including mesothelioma as well as lung cancer. They can seek compensation from the companies who exposed them to asbestos.

Asbestos lawsuits are an everyday in New York, and judges are familiar with the issues that arise. The courts, for instance expedite trials in cases of terminally ill plaintiffs and consolidate cases when necessary to reduce the cost of trial. The courts also regularly examine their discovery procedures to ensure that they are efficient and current.

In a case that is notable, Brown v. Weitz & Luxenberg in which the First Department held that conclusory cumulative exposure statements from plaintiffs experts were not sufficient to establish causation in an asbestos case. The case was appealed by defendants, and a ruling is expected to be issued soon.

The court's decision is likely to have an impact on asbestos litigation across New York. Mesothelioma lawyers have been bombarding daytime television with commercials which urge victims to file asbestos lawsuits, promising massive settlements. The niche litigation was especially lucrative for plaintiffs' attorneys who paid millions of referral fees to Sheldon Silver. Silver was recently found guilty of federal corruption charges in relation to the millions he made by the asbestos cases he directed to their firm.

In addition to these legal developments, New Yorkers must remain vigilant about possible asbestos lawyers exposure at work and in their communities. Asbestos lawsuits have been on the rise and New York is among the top jurisdictions in mesothelioma verdicts.

Summary Judgment

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

Asbestos exposure often leads to serious diseases, such as mesothelioma as well as 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 workers can take to reduce the risk of asbestos exposure and future disease. Several major changes have occurred in the asbestos litigation scene in recent years. The most significant change came in 2015 in which the New York political establishment was shaken to the core following the conviction on federal corruption charges against former Assembly Speaker Sheldon Silver. Silver's convictions for corruption stemmed from his shady 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 political machinations of the NYCAL docket. Justice Sherry Klein Heitler was replaced as the longtime manager of the NYCAL docket in 2021 following reports that she'd given 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 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 had become fashionable in the litigation and requiring plaintiffs to prove specific causation by proving it through scientific explanation by their experts. This ruling provides 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 supported asbestos defense lawyers in their efforts to require plaintiffs to prove a causal link between asbestos-related illnesses and the products to which they were exposed. The decision imposes plaintiffs with the obligation to prove that their illness was caused by the specific linings and friction materials which were supplied by the defendant, rather than general exposure to asbestos in the workplace.

Causation

The biggest challenge for defendants in asbestos cases is the need to prove causation. There is a consensus that exposure to asbestos-containing substances can lead to mesothelioma or other illnesses. However, the law requires plaintiffs prove specific exposure to products produced by certain defendants in order for their claims to be successful.

This is a tough standard to meet, especially in NYCAL where a single judge is responsible for the entire NYC asbestos litigation. In the 16 years since the decision of Parker, New York courts have been unable to apply the principles outlined in this case. In 2016, the First Department in Matter of NYC Asbestos Litigation, (Juni) ruling the testimony of an expert that a plaintiff "regularly" exposed himself to friction products that contained asbestos was not enough to prove the requirement of specific causality under Nemeth.

Juni has placed a heavy burden on defendants, and could oblige them to settle their claims at an amount lower than what 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 lawsuits in the year 2019, and it handles 6% of national asbestos litigation. It is estimated that up to 13,000 patients have been diagnosed with mesothelioma in the state. The majority of patients were workers or contractors exposed to asbestos in industrial applications.

The signs of mesothelioma aren't usually evident until 25 to 50 years after the initial exposure. Many asbestos patients are fighting to get the compensation they require for medical expenses as well as lost wages and companionship loss, among other damages.

It is crucial to file your mesothelioma claim in a timely manner, but it is also important to consult an attorney for mesothelioma who can help you seek the most monetary restitution. Contact a mesothelioma lawyer from NYC today to set up a free no-obligation consultation. Your lawyer can help you determine your eligibility for financial restitution from an asbestos trust fund.

Damages

If you're suffering from mesothelioma or any other asbestos-related illness, a successful lawsuit could pay for the losses of your family. Compensation could cover medical expenses as well as lost wages due to inability to work, home care expenses, mental anguish and pain, loss of quality, funeral and burial costs, and other expenses. A seasoned New York mesothelioma attorney will investigate the responsible parties and collect evidence to support your claims. Your lawyer can then file a civil lawsuit before the statute of limitations runs out in your state.

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

According to a study conducted recently, New York City is the main hub in the country for asbestos litigation. Asbestos victims have received billions of dollars in settlements and verdicts. Mesothelioma is a fatal cancer is caused by asbestos fibers. It is a rare, incurable type of cancer. However lawsuits brought against companies who exposed workers to asbestos fibers have helped compensate victims.

In addition to remunerating the victims of mesothelioma and other asbestos-related illnesses 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. The lawsuits are designed to discourage the defendant from repeating the same conduct in the future.

The NYCAL decision gives defendants hope that they will stay clear of punitive damages. They were in danger of massive judgments in the past on the basis that their conduct was so indecent that they had to pay punitive damages to deter other people from committing the same offense.

With the ruling in favor plaintiffs, it is expected that many of the businesses named as defendants will be reprimanded. Even if they were to be dismissed, they would still have to pay legal fees to defend a case they didn't deserve to be in.