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New York asbestos lawsuit 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 periods.

Recent NYCAL decisions will have a significant impact on the defense of asbestos lawsuits. These decisions could result in a large number of summary judgment motions based on the defendant's fiber/cc tests and expert reports that put any exposure that is deemed to be respirable under an exposure threshold in the ambient.

Expert Testimony

New York asbestos lawyers rely heavily on expert witness testimony to back their clients their claims. Asbestos litigation is expensive, and expert witness fees account for a significant percentage of total case costs. Lawyers for both sides can spend hundreds of hours prepping to interview an expert, and experts can charge thousands of dollars per day. Therefore, it is crucial for litigants to thoroughly study and evaluate potential experts prior to hiring them. In the absence of doing so, it could result in a failure of the Daubert contest and a loss of cases.

New York has a rich industrial past, and a lot of workers have been exposed to asbestos that is toxic. Many of these workers have suffered asbestos-related illnesses, including mesothelioma as well as lung cancer. These workers can seek compensation from the companies who exposed them to asbestos.

Asbestos lawsuits are an everyday event in New York, and judges are aware of the issues involved. For instance, courts expedite trials for terminally ill plaintiffs, and they often combine cases to cut down on costs for trial. The courts also periodically examine their discovery procedures to ensure that it is effective and current.

In a notable case, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements by plaintiffs’ experts were not sufficient to establish the causality. The defendants appealed the decision, and the decision is expected to be made soon.

The court's decision is expected to impact asbestos litigation in New York. The mesothelioma lawyers are bombarding the daytime TV with ads that encourage victims to file asbestos suits, promising huge settlements. The niche litigation has been particularly lucrative for plaintiffs' lawyers who have paid 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 by directing asbestos cases to his firm.

In addition to these legal developments, New Yorkers should continue to be aware of the possibility of asbestos exposure in their work environments and communities. Asbestos lawsuits have been increasing and New York is among the the top jurisdictions for mesothelioma cases.

Summary Judgment

A New York asbestos attorney can assist you in obtaining the amount of compensation you are due.

Asbestos exposure could lead to serious diseases such as mesothelioma or lung cancer. These diseases are aggressive and have a long period of latency, meaning that victims may start feeling symptoms as recent as 20 or 25 years after their first exposure. There are steps that workers can take to safeguard themselves from asbestos exposure and avoid future illness. There have been a number of significant changes in the asbestos litigation environment in recent years. In 2015, the political establishment in New York was shook to its foundation by the conviction of Sheldon S. Silver for federal corruption charges. Silver's convictions for corruption were a result of his covert work at the law firm Weitz & Luxenberg. He used this to earn millions of referral fees.

The courtroom politics on the NYCAL docket have also impacted the new Albany landscape. Justice Sherry Klein Heitler was replaced as the longtime manager of NYCAL docket in 2021 following reports that she had given the "red carpet treatment" to asbestos claims filed by Weitz & Luxenberg. In the aftermath of this reshuffle Justice Peter Moulton has taken the reigns of NYCAL. His decisions have made it difficult for defendants to get summary judgement.

In Juni, the Court of Appeals dealt NYCAL with a brutal dose of reality, rejecting the cumulative-exposure theory that was popular in the litigation, and calling for plaintiffs to establish the causation of their claims with sufficient scientific explanation by their experts. This ruling gives New York asbestos attorneys a strong argument against allegations that claims are false or speculative.

In Reid in Reid Abex, the Court of Appeals also gave asbestos defense attorneys a boost in their efforts to require plaintiffs to establish the existence of a specific causal connection between their asbestos-related disease and the particular products that they were exposed to. The decision imposes on plaintiffs 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 defendants will need to prove that asbestos caused the disease. It is generally accepted that exposure to asbestos-containing materials can cause mesothelioma and other diseases, but the law requires plaintiffs to establish the specific exposure to products produced by particular defendants in order to prevail on their claims.

This is a tough standard to meet, especially in NYCAL where only one judge oversees all NYC asbestos lawsuit litigation. In the 16 years since Parker, New York courts have been unable to apply the principles of that case. In 2016, for instance, the First Department in Matter of NYC Asbestos Litigation (Juni) ruled that a plaintiff's expert declaration that he "regularly exposed" himself to asbestos-containing friction products was not sufficient under Nemeth to satisfy specific causality.

Juni has placed a huge burden on defendants and could oblige them to settle their claims at a lower amount than what they are entitled to. A mesothelioma lawyer from NYC can explain to you the benefits of filing a lawsuit 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 lawsuits in 2019 and handles 6percent of all asbestos litigation. Up to 13,000 people are estimated to have been diagnosed with the disease in New York. The majority of those affected are contractors or workers who were exposed to asbestos because it was being employed in industrial applications.

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

While it is important to start a mesothelioma lawsuit promptly, it is also crucial to consult with a knowledgeable mesothelioma attorney who can assist you in obtaining the highest amount of financial compensation that you can. Contact a mesothelioma lawyer from NYC today to set up a free no-obligation consultation. Your lawyer can assist you determine if you're eligible for financial compensation from an asbestos trust.

Damages

If you have mesothelioma, or another asbestos lawyers-related disease, a successful lawsuit can help your family recover losses. Compensation can cover medical bills, income loss from being unable to work or take care of your home, pain and suffering, mental anguish and loss of quality of life as well as funeral and burial costs. An experienced New York mesothelioma attorney will investigate the responsible parties and gather 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 have dockets that are specially designed for asbestos cases in order to speed up the process. They accelerate trials for plaintiffs who are terminally ill and group similar cases together. In addition, the judges handling these cases are aware of the heightened dangers associated with asbestos exposure and are trained to ensure justice is served.

According to a recent study, New York City is a national hub 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 and incurable illness, but lawsuits brought against companies that exposed workers to asbestos cancer-causing substance have helped compensate victims for their suffering.

In addition to compensating victims of mesothelioma and other asbestos-related illnesses the lawsuits aim at punishing corporate wrongdoers. The lawsuits seek punitive damages which are granted in addition to compensatory damages. They are designed to deter the defendant's conduct in the future and deter others from engaging in a similar action.

The NYCAL decision gives defendants hope that they can stay clear of punitive damages. They faced the prospect of large judgments in the past in the belief that their conduct was so egregious, that they would have to pay punitive damages to deter other people from following suit.

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