New York Asbestos 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 is the second most prevalent mesothelioma case nationwide in the year 2019.

Recent NYCAL decisions are expected to have a significant impact on the defense of asbestos lawsuits. These decisions will likely result in a significant number of summary judgment motions based on the asbestos defendant's tests for fiber/cc as well as expert reports that place any exposure that can be deemed respirable below an exposure threshold for ambient conditions.

Expert Testimony

New York asbestos attorneys [visit this web page link] rely heavily on the testimony of experts to prove their clients' claims. Asbestos litigation is expensive and expert witness costs account for a significant percentage of total case costs. Both sides could spend hundreds of hours preparing to question an expert. Experts can charge thousands of dollar per day. Therefore, it is important for litigants to carefully study and evaluate potential experts in advance. In the absence of this, it could result in a failed Daubert Challenge and losing cases.

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

Asbestos lawsuits are a common occurrence in New York, and judges are well-versed in the issues involved. The courts, for instance speed up trials for terminally ill plaintiffs and consolidate cases when needed to reduce trial costs. Additionally, courts regularly review their discovery procedures to make sure they are up-to-date and effective.

In a notable case, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements made by plaintiffs' experts were not sufficient to establish the causality. The defendants filed an appeal and a decision is expected in the near future.

The court's decision is expected to have a major impact on asbestos litigation in New York. Mesothelioma lawyers have been bombarding daytime television with commercials that urge victims to file asbestos lawyers suits, promising huge settlements. The niche litigation was particularly lucrative for plaintiffs' lawyers who paid millions of referral fees to Sheldon Silver. Silver was recently found guilty of federal corruption charges related to the millions he earned by sending asbestos cases to their firm.

In addition to these legal developments, New Yorkers must continue to be alert to asbestos lawyers exposure at work and in their communities. Asbestos lawsuits are on increase, and New York is among the top jurisdictions for mesothelioma cases.

Summary Judgment

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

Asbestos exposure could lead to serious illnesses like mesothelioma or lung cancer. These diseases are aggressive, and they have a long time to develop. This means that patients may not be developing symptoms until 20 or 25 years after the initial exposure. There are ways for workers to protect themselves against asbestos exposure and avoid a recurrence of disease. In recent years the asbestos litigation landscape has undergone several major changes. The most significant change occurred in 2015 when the political establishment was shaken to the core by the conviction on federal corruption charges brought against the former Assembly Speaker Sheldon Silver. Silver's corruption convictions stemmed from his secretly working at the law firm of Weitz & Luxenberg, which employed him to earn millions of dollars in referral fees for the firm.

The courtroom politics on the NYCAL docket have also shaken up the new Albany landscape. The longtime manager of the NYCAL docket, Justice Sherry Klein Heitler, was replaced 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 rulings have put a huge burden on defendants, making it nearly impossible for them to get summary judgment.

In Juni, the Court of Appeals dealt NYCAL with a brutal dose of truth, rejecting the cumulative-exposure theory that was popular in the litigation, and requiring plaintiffs to prove specific causation by proving it through scientific evidence from their experts. This ruling provides New York asbestos lawsuit attorneys a strong argument against allegations that claims are fraud or speculative.

In Reid in Reid Abex, the Court of Appeals also gave asbestos defense attorneys support for their efforts to require plaintiffs to establish that there is a causal link between their asbestos-related disease and the specific substances they were exposed to. This decision imposes plaintiffs with the obligation to prove that their condition was caused by the specific linings and friction materials that were provided by the defendant, and not general exposure to asbestos in the workplace.

Causation

The defendants must demonstrate that asbestos caused the disease. The consensus is that exposure to asbestos-containing materials can trigger mesothelioma and other diseases. However, the law requires plaintiffs be able to prove specific exposure to certain products made by certain defendants for their claims to be successful.

This is a difficult standard to meet, particularly in NYCAL where one judge is in charge of all NYC asbestos litigation. In the 16 years since Parker, New York courts have struggled to apply the principles from the case. In 2016 the First Department in Matter of NYC Asbestos Litigation, (Juni), ruled that an expert's evidence that plaintiff "regularly" exposed himself to friction products that contained asbestos was not sufficient to establish the requirement of specific causality under Nemeth.

Juni has placed a significant burden on defendants in NYCAL and could make them settle their claims at a lower amount than they are entitled to. A mesothelioma lawyer in NYC can explain the benefits of filing a lawsuit and your options for restitution in the event that you are diagnosed with mesothelioma, or other asbestos-related illnesses.

New York state was the second most popular state for mesothelioma lawsuits in the year 2019, and it handles 6percent of all asbestos litigation. Around 13,000 people are estimated to have been diagnosed with the disease in New York. The majority of victims were workers or contractors exposed to asbestos in industrial settings.

The signs of mesothelioma typically don't manifest until between 25 to 50 years after initial exposure. Many asbestos patients are fighting for the compensation they require to cover medical costs and lost wages, as well as loss of companionship and other losses.

It is important to file your mesothelioma lawsuit promptly however, it is important to consult mesothelioma lawyers who can assist you in obtaining the highest amount of financial compensation. Contact a mesothelioma lawyer from NYC today to set up a free, no-obligation consultation. Your lawyer can help you determine if you're eligible for financial compensation from an asbestos trust.

Damages

If you suffer from mesothelioma or another asbestos-related disease, a successful lawsuit could pay for the losses of your family. Compensation could pay for medical bills, lost income from being unable to work or take care of your home as well as pain and suffering mental anxiety, loss of quality of life and funeral and burial costs. An experienced New York mesothelioma attorney will examine the parties responsible and gather evidence to back your claims. Your lawyer will then bring a civil suit before the statute of limitations runs out in your state.

The courts have dockets that are specially designed for asbestos cases to streamline the process. They accelerate trials for plaintiffs with terminal illnesses and put similar cases together. Judges who handle these cases have been trained to ensure justice and are aware of the increasing dangers associated with asbestos.

According to a recent study, New York City is a national hub for asbestos litigation. Asbestos-related victims received billions of dollars in settlements and verdicts. Mesothelioma is a cancer that can be fatal that is caused by exposure to hazardous asbestos fibers. It is a rare, incurable illness, but lawsuits brought against companies who 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 diseases, these lawsuits are aimed at securing the retribution of corporate wrongdoers. The lawsuits seek punitive damages, which are granted in addition to compensatory damages. The intent of the lawsuits is to discourage the defendant from engaging in similar conduct in the future.

However, the NYCAL decision offers defendants a glimmer of hope in their battle to avoid punitive damages awards. Prior to this, they been facing the prospect of huge judgments in these cases, according to the popular belief that their conduct was so outrageous that they had to pay punitive damages in order to discourage others from following their lead.

With the decision in favor of plaintiffs, firms that are named as defendants in NYCAL cases can expect to be dismissed in a substantial proportion of their cases. This is because, even if they are dismissed, they will still need to incur legal fees to defend a case that they did not deserve to be involved in.