New York Asbestos Litigation

New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma, a serious asbestos-related cancer with a long period of latency, is the second most frequent mesothelioma-related case in the United States in the year 2019.

Recent NYCAL decisions are likely to have a profound impact on the defense of asbestos lawsuits. These decisions are likely to result in extensive summary judgment motions focusing on the defendant's fiber/cc test and expert reports that place any respirable exposure below an exposure threshold for ambient conditions.

Expert Testimony

New York asbestos lawyers (pattern-wiki.win) rely heavily on expert witness testimony to support their clients their claims. Expert witness fees can make up a a large percentage of the total cost of asbestos litigation. Both sides could spend hundreds of hours in preparation to question an expert. Experts can charge thousands of dollar per day. It is therefore important that litigants carefully research and vet possible experts prior to contacting them. Failure to do so can result in a failure of the Daubert challenge or losing cases.

New York has a rich industrial history, and many workers have been exposed to asbestos, which is toxic. Many of these workers developed asbestos-related illnesses, like mesothelioma or lung cancer. Anyone who has been affected by these diseases are entitled to compensation from companies who exposed them to asbestos.

Asbestos lawsuits are an everyday event in New York, and judges are familiar with the issues that arise. The courts, for instance, expedite trials for patients who are terminally ill and consolidate cases when necessary to cut down on trial costs. In addition the courts are regularly reviewing their discovery procedures to ensure they are current and efficient.

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

The court's decision is expected to impact asbestos litigation throughout New York. Mesothelioma lawyers have been bombarding daytime television with commercials that encourage asbestos victims to file lawsuits, promising massive settlements. The specialized litigation has been particularly lucrative for plaintiffs' attorneys, who have paid millions of dollars in referral fees to former Assembly Speaker Sheldon Silver, who was recently found guilty of federal corruption charges that relate to the millions of dollars he made by directing asbestos cases to his firm.

New Yorkers should be vigilant in their workplaces, and communities about asbestos exposure. Asbestos-related lawsuits are on the rise and New York is one of top jurisdictions in mesothelioma verdicts.

Summary Judgment

A New York asbestos attorney can assist you in receiving the compensation that you deserve.

Asbestos exposure can cause serious diseases like mesothelioma or lung cancer. These diseases are agressive and have a long latency period which means that patients may be feeling symptoms as recent as 20 or 25 years after their initial exposure. Fortunately, there are steps that workers can take to protect themselves against asbestos exposure and prevent future illnesses. In recent years, the asbestos litigation landscape has undergone several major changes. The most significant change occurred in 2015, when New York's political establishment was shaken to its core following the conviction on federal corruption charges against the former Assembly Speaker Sheldon Silver. Silver's corruption convictions stemmed from a secretly working for the law firm of Weitz & Luxenberg, which he used 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 long-time supervisor of the NYCAL docket, Justice Sherry Klein Heitler, was replaced in 2021 following reports that she gave the "red-carpet treatment" to asbestos cases brought by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the wake of this shake-up. His decisions have made it more difficult for defendants to obtain summary judgement.

In Juni the year 2003, the Court of Appeals gave NYCAL a hard dose of reality, rejecting the cumulative exposure theory that was prevalent in the litigation. Instead it required that plaintiffs establish a specific causation using sufficient scientific proof from their experts. This ruling provides New York asbestos attorneys a strong argument against claims that claim they are false or speculative.

In Reid in Reid Abex the Court of Appeals supported asbestos defense attorneys in their efforts to force plaintiffs to prove a causal link between asbestos-related diseases and products to which they were exposed. The decision imposes plaintiffs with the responsibility to establish that their disease was caused by the specific friction materials and linings that were provided by the defendant, not general exposure to asbestos in the workplace.

Causation

The most significant challenge facing defendants in asbestos cases is the need to prove that there is a causal link. The general consensus is that exposure to asbestos-containing substances can cause mesothelioma or other illnesses. However the law requires plaintiffs to be able to prove specific exposure to certain products produced by certain defendants to be successful.

This is a challenging standard to meet, especially in NYCAL where a single judge manages the entire NYC asbestos litigation. In the 16 years since the decision of Parker, New York courts have had a difficult time applying the principles of the case. In 2016 the First Department in Matter of NYC Asbestos Litigation, (Juni) ruling that an expert's testimony that a plaintiff "regularly" exposed himself to friction products that contained asbestos was not enough to establish the requirements of causality specific to Nemeth.

Juni has put a huge burden on defendants in NYCAL and could oblige them to settle their claims for less than they are entitled to. A mesothelioma lawyer in NYC can explain the advantages of filing suit 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 handled 6percent of all asbestos litigation in the nation. Up to 13,000 people have been diagnosed with the disease in New York. The majority of the victims have been workers or contractors who were exposed to asbestos when it was being used in industrial processes.

The symptoms of mesothelioma don'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 loss of wages, companionship loss, among other damages.

While it is essential to make a mesothelioma claim in a timely manner, it is also crucial to partner with a seasoned mesothelioma lawyer who can help you obtain the maximum amount of financial compensation that you can. Contact a mesothelioma lawyer in NYC today to schedule your free no-obligation consultation. Your lawyer can help you determine your eligibility for financial compensation from an asbestos trust fund.

Damages

If you suffer from mesothelioma or any other asbestos-related illness, a successful lawsuit can help your family recover losses. Compensation may cover medical bills, lost wages due to inability to work, home-care expenses, mental stress and pain, loss of quality funeral and burial costs, and other costs. An experienced New York asbestos lawyer will examine the parties responsible to collect evidence and support your claim. After this, your lawyer may start a civil lawsuit in court before the statute of limitations runs out.

The courts are well-versed in asbestos lawsuits, and they have dockets that are specifically designed to speed up the process. They speed up trials for terminally ill plaintiffs, and also group similar cases. The judges handling these cases are trained to ensure justice and are aware of the higher risk of asbestos exposure.

According to a study conducted recently, New York City is the nation's hub for asbestos litigation. asbestos attorneys 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 fatal disease, but lawsuits against companies that exposed workers to asbestos cancer-causing substance have aided in compensating victims for their suffering.

These lawsuits aim to punish corporate wrongdoers as well in compensating mesothelioma victims or other asbestos-related illnesses. These lawsuits seek punitive damages awards, which are in addition to compensatory damages. The intent of the lawsuits is to deter the defendant from engaging in similar conduct in the future.

However, the NYCAL decision offers defendants an opportunity to win their battle to stay out of punitive damages. They were in danger of large judgments in the past, with the theory that their conduct was so egregious, that they would have to pay punitive damages to discourage others from following their example.

With the decision in favor of plaintiffs, it is expected that many of the companies named as defendants will be reprimanded. This is because, even if they are dismissed, they'll have to spend money on legal costs to defend a case that they did not deserve to be involved in.