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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 prolonged latency.

Recent NYCAL decisions are expected to have a profound impact on the defense of asbestos lawsuits. These decisions will likely result in a large number of summary judgment motions based on the defendant's fiber/cc tests and expert reports that place any respirable exposure under an exposure threshold in the ambient.

Expert Testimony

New York asbestos attorneys rely heavily on the testimony of expert witnesses to back up their client's claims. Expert witness fees can account for an enormous portion of total cost of asbestos litigation. Both sides can devote hundreds of hours preparing to confront an expert. Experts can charge thousands of dollars per day. This is why it is crucial for litigants to research and vet potential experts prior to their appointment. Failure to do this could result in a sham Daubert challenge or losing cases.

New York has a rich industrial past, and a lot of workers have been exposed to toxic asbestos. Many of these workers developed asbestos-related diseases, such as mesothelioma or lung cancer. People who have suffered from these ailments can recover compensation from the companies who exposed them to asbestos.

Asbestos lawsuits are a common in New York, and judges are well-versed in the issues that arise. For example, the courts expedite trials for terminally sick plaintiffs, and they often consolidate cases to reduce the cost of trial. The courts also examine their discovery procedures to ensure that it is effective and current.

In one case of note, Brown v. Weitz & Luxenberg, the First Department held that conclusory statements on exposure cumulatively made by plaintiffs' experts were insufficient to establish the causation in Asbestos Lawsuit cases. The defendants appealed the case and the decision is expected to be made soon.

The court's decision is expected to have a significant impact on asbestos litigation in New York. At present, mesothelioma lawyer firms fill the air with commercials urging victims to file asbestos lawsuits, promising giant settlements. The niche litigation was particularly lucrative for plaintiffs' lawyers who paid millions of referral fees to Sheldon Silver. Silver was recently convicted of federal corruption charges related to the millions he made by directing asbestos lawsuit cases to their firm.

New Yorkers should be vigilant at work and in their communities regarding asbestos exposure. Asbestos lawsuits are on the rise, and the state is one of the top jurisdictions for mesothelioma cases.

Summary Judgment

A New York asbestos attorney can help you receive the compensation you deserve.

asbestos attorney exposure is often the cause of serious illnesses, such as mesothelioma and lung cancer. These diseases are extremely serious, and they have a long period of latency. This means that patients may not have started experiencing symptoms until 20 or 25 years following their initial exposure. Fortunately, there are ways for workers to safeguard themselves from asbestos exposure and avoid future disease. There have been a number of significant changes in the asbestos litigation environment in recent years. In 2015 the political establishment of New York was shook to its foundation by the conviction of Sheldon S. Silver for federal corruption charges. Silver's convictions for corruption stemmed from his secret moonlighting at the law firm of Weitz & Luxenberg, which was where he earned millions of dollars in referral fees for the firm.

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 sacked in 2021 amid reports that she had given the "red-carpet treatment" to asbestos cases filed by Weitz & Luxenberg. In the aftermath of this shakeup, Justice Peter Moulton has taken the reigns of NYCAL. His rulings have placed a heavy 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 savage dose of truth, rejecting the cumulative exposure theory that was becoming popular in the litigation and insisting that plaintiffs prove specific causation by proving it through scientific explanation by their experts. This decision gives New York asbestos defense attorneys an effective tool to defend against claims of fraudulent and speculative claims.

In Reid in Reid Abex the Court of Appeals supported asbestos defense lawyers in their efforts to compel plaintiffs to prove a causal link between asbestos-related diseases and products to which they were exposed. In this decision plaintiffs are required to prove that their asbestos-related illness was caused by specific friction materials or linings offered by the defendant, rather than general workplace exposure to asbestos.

Causation

The defendants will need to demonstrate that asbestos caused the disease. It is generally accepted that exposure to asbestos-containing substances can cause mesothelioma, among other diseases, however, the law requires plaintiffs to establish specific exposure to certain products made by particular defendants to prevail on their claims.

This is a difficult standard to meet, especially in NYCAL where a single judge oversees the entire NYC asbestos litigation. In the 16 years that have passed since Parker, New York courts have struggled 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 evidence that he "regularly exposed" himself to friction products containing asbestos was not sufficient under Nemeth to satisfy specific causality.

Juni has placed a significant burden on defendants, and could force them settle their claims at a lower amount than they are entitled. A mesothelioma lawyer in NYC can explain the benefits of filing a suit and your options for financial restitution if you're diagnosed with mesothelioma or other asbestos-related illnesses.

New York State was the second most popular mesothelioma-related jurisdiction suits in 2019. It handled 6percent of all national asbestos litigation. As many as 13,000 people are estimated to have been diagnosed with the disease in New York. The majority of patients were contractors or employees exposed to asbestos in industrial applications.

The signs of mesothelioma generally are not evident until the age of 25 to 50 years after initial exposure. Many asbestos patients are fighting to get the compensation they require to cover medical costs and lost wages, as well as loss of companionship, and other damages.

While it is essential to file a mesothelioma lawsuit in a timely manner however, it is equally important to work with an experienced mesothelioma lawyer who will assist you in obtaining the highest financial restitution possible. Contact a mesothelioma lawyer in NYC today to schedule a free, no-obligation consultation. Your lawyer can help you determine your eligibility for financial restitution from an asbestos trust fund.

Damages

If you suffer from mesothelioma, or another asbestos-related disease A successful lawsuit can pay your family members for their losses. Compensation could cover your medical expenses, lost income from being unable to work or take care of your home as well as pain and suffering mental anguish and loss of quality of life, and funeral and burial costs. A seasoned New York mesothelioma attorney will look into the parties at fault and collect evidence to support your claims. After that, your lawyer can bring a lawsuit in civil court before your state's time limit expires.

The courts are well-versed in asbestos lawsuits and have specialized dockets to help simplify the process. They expedite trials for terminally-ill plaintiffs, and group similar cases. The judges who are handling these cases have been trained to ensure justice and are aware of the increased dangers associated with asbestos.

According to a study that was 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 deadly cancer caused by exposure to harmful asbestos fibers. It is a rare, incurable cancer. However lawsuits brought against companies who exposed workers to asbestos fibers have led to compensation for victims.

These lawsuits seek to punish corporate wrongdoers as well in compensating mesothelioma victims or other asbestos-related illnesses. The lawsuits seek punitive damages, which are granted in addition to compensatory damages. They are designed to discourage the defendant's behavior in the future, and discourage others from taking part in the same course of action.

However, the NYCAL decision offers defendants a glimmer of hope in their battle to stay out of punitive damages. They were in danger of large judgments in the past, on the basis that their conduct had been so indecent that they would have to pay punitive damage awards to discourage others from committing the same offense.

With the ruling in favor plaintiffs, it is expected that a lot of the companies named as defendants will be reprimanded. Even if they were to be dismissed however, they will still need to pay legal fees to defend a case they did not deserve to be in.