New York Asbestos Litigation

New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma is a serious asbestos lawyer-related illness with prolonged latency.

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

Expert Testimony

New York asbestos attorneys rely heavily on the testimony of experts 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 a lot of time prepping to interview an expert, and experts can charge thousands of dollars per day. Therefore, it is essential that litigants conduct thorough study and evaluate potential experts in advance. Failure to do this could result in a sham Daubert contest and a loss of cases.

New York has a rich industrial past, and many workers have been exposed to toxic asbestos. Many of these workers have developed asbestos lawsuit-related diseases, including mesothelioma or lung cancer. They can claim compensation from the companies who exposed them to asbestos.

Asbestos lawsuits are a regular occurrence in New York, and judges are well-versed in the issues that arise. For instance, the courts speed up trials for sick plaintiffs, and they often consolidate cases to reduce trial expenses. The courts also periodically review their discovery procedure to ensure that they are effective and up-to-date.

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

The court's ruling is expected to have an impact on asbestos litigation across New York. Mesothelioma lawyers have been bombarding daytime television with commercials that encourage victims to file asbestos lawsuits, promising huge settlements. The niche litigation was particularly lucrative for plaintiffs' lawyers who repaid millions of referral fees to Sheldon Silver. Silver was recently convicted of federal corruption charges in relation to the millions he earned by the asbestos cases he directed to their firm.

In addition to these legal developments, New Yorkers should remain alert to asbestos exposure at work and in their communities. Asbestos-related lawsuits are on the rise and the state is one of the top jurisdictions for mesothelioma verdicts.

Summary Judgment

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

Asbestos exposure could lead to serious illnesses like mesothelioma or lung cancer. These diseases are extremely serious and have a long period of latency. This means that patients may not have started experiencing symptoms until 20 or 25 years following their first exposure. There are steps workers can take to avoid asbestos exposure and the development of a future disease. Several major changes have occurred in the asbestos litigation environment in recent years. The most significant change came in 2015, when New York's political establishment was shaken to its foundation following the conviction on federal corruption charges brought against former Assembly Speaker Sheldon Silver. Silver's convictions for corruption were a result of his covert work at the law firm Weitz & Luxenberg. He utilized this to earn millions of referral fees.

The new Albany landscape has also been shaken by the courtroom political machinations of the NYCAL docket. The long-time head of the NYCAL docket, Justice Sherry Klein Heitler was replaced in 2021 following reports that she provided the "red-carpet treatment" to asbestos cases brought by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the aftermath of the shake-up. His decisions have placed a heavy burden on defendants, making it almost impossible for them to get summary judgment.

In Juni the year 2003, the Court of Appeals dealt NYCAL a harsh dose of reality, rejecting the cumulative exposure theory that had become fashionable in the litigation and insisting that plaintiffs prove specific causation by proving it through scientific explanation by their experts. This ruling provides New York asbestos attorneys (zachariassen-bowen.blogbright.net) a powerful weapon to defend against claims that claim to be speculative or fraudulent.

In Reid v Abex, the Court of Appeals also gave asbestos defense attorneys a boost in their efforts to require plaintiffs to prove a specific causal link between their asbestos-related disease and the specific substances they were exposed to. This decision places plaintiffs with the responsibility to prove that their illness was caused by specific linings and friction materials that were provided by the defendant, not general exposure to asbestos in the workplace.

Causation

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

This is a difficult standard to meet, particularly in NYCAL where only one judge oversees all NYC asbestos litigation. In the 16 years since Parker, New York courts have had a difficult time applying the principles outlined in this case. In 2016, for example, the First Department in Matter of NYC Asbestos Litigation (Juni) ruled that a plaintiff's expert testimony that he "regularly exposed" himself to friction products containing asbestos was not sufficient under Nemeth to satisfy a specific causality.

Juni has placed a huge burden on defendants and may make them to settle their claims for an amount lower than what they are entitled to. A mesothelioma attorney in NYC can explain to you the benefits of filing suit and your options for financial compensation if you have been diagnosed with mesothelioma.

New York State was the second most popular state for mesothelioma suits in the year 2019. It handled about 6% of the national asbestos litigation. Around 13,000 people have been diagnosed with the disease in New York. The majority of patients were workers or contractors exposed to asbestos in industrial applications.

The signs of mesothelioma typically do not appear until 25 to 50 years after initial exposure. Many asbestos sufferers are battling to obtain the compensation they need to pay for medical expenses and lost wages, as well as loss of companionship, and other damages.

While it is important to make a mesothelioma claim in a timely manner, it is also crucial to work with an experienced mesothelioma lawyer who can help you pursue the maximum amount of financial compensation that you can. Call a mesothelioma attorney in NYC to schedule a free, no-obligation appointment. Your attorney can help you determine if you are eligible for financial compensation from an asbestos lawyers trust.

Damages

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

The courts have dockets that are specially designed for asbestos cases to streamline the process. They speed up trials for plaintiffs with terminal illnesses and also group similar cases together. The judges handling these cases have been trained to ensure justice and are aware of the increasing risks associated with asbestos.

According to a study conducted recently, New York City is the national center for asbestos litigation. Asbestos victims have received billions of dollars in settlements and verdicts. Mesothelioma is a deadly cancer caused by exposure to harmful asbestos fibers. It is a rare, incurable disease, but lawsuits against companies who exposed workers to the cancer-causing substance have aided in compensating victims for their suffering.

These lawsuits are designed to punish corporate wrongdoers as well as compensating victims of mesothelioma or other asbestos-related diseases. These lawsuits seek punitive damage awards, which are in addition to compensatory damages. The intent of the lawsuits is to discourage the defendant from repeating the same conduct in the future.

The NYCAL decision gives defendants the chance to stay clear of punitive damages. In the past, they been facing the prospect of huge judgments in these cases, according to the prevalent view that their conduct was so outrageous that they should be forced to pay punitive damages in order to discourage others from following suit.

With the decision in favor of plaintiffs, it is likely that a lot of the companies named as defendants will be disqualified. Even if they were dismissed, they would still have to pay legal fees to defend a case that they did not deserve to be in.