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New York Asbestos Litigation

New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma is a serious asbestos-related disease 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 will have a profound effect on the defense of asbestos lawsuits. These decisions will likely result in a large number of summary judgment motions based on test results of the defendant's fiber/cc and expert reports that place any exposure that is deemed to be respirable under an exposure threshold in the ambient.

Expert Testimony

New York asbestos attorneys rely heavily on the testimony of experts to support their client's claims. Expert witness fees can make up a significant proportion of total cost of asbestos litigation. Both sides can spend hundreds hours preparing to confront an expert. Experts can charge thousands of dollar per day. It is crucial that litigants carefully study and evaluate potential experts prior to contacting them. Failure to do so can result in a failure of the Daubert challenge and lost cases.

New York has had a long history of industrialization. Many workers were exposed to asbestos. Many of these workers have suffered asbestos-related illnesses, including mesothelioma and lung cancer. People who have been affected by these diseases can recover compensation from the companies who exposed them to asbestos lawyer.

Asbestos suits are commonplace in New York and the judges are well-versed in the subject. For instance, courts speed up trials for terminally ill plaintiffs, and they often consolidate cases to lower the cost of trial. In addition, courts regularly review their discovery procedures to ensure that they are up-to-date and efficient.

In one case of note, Brown v. Weitz & Luxenberg, the First Department held that conclusory statements on exposure cumulatively made from plaintiffs experts were not sufficient to establish the causation in asbestos cases. The defendants filed an appeal and the decision is expected to be made soon.

The court's decision is expected to impact asbestos lawsuit litigation throughout New York. The mesothelioma lawyers are bombarding television during the day with ads which encourage asbestos victims to file suits, promising huge settlements. The niche litigation was particularly lucrative for plaintiffs' attorneys who paid millions of referral fees to Sheldon Silver. Silver was recently convicted of federal corruption charges relating to the millions he earned by directing asbestos cases to their firm.

New Yorkers should continue to be vigilant at work, and communities about asbestos lawyer exposure. Asbestos lawsuits are on rise and New York is among the top jurisdictions for mesothelioma cases.

Summary Judgment

A New York asbestos attorney can help you receive the amount of compensation you are due.

Asbestos exposure can cause serious diseases such as mesothelioma or lung cancer. These diseases are agressive and have a long period of latency which means that patients may only have begun experiencing symptoms as recently as 20 or 25 years after their initial exposure. Fortunately, there are steps that workers can take to safeguard themselves from asbestos exposure and avoid a recurrence of illnesses. In recent years the asbestos litigation landscape has undergone several significant changes. The most significant change occurred in 2015 when the political establishment was shaken to its core following the conviction on federal corruption charges of former Assembly Speaker Sheldon Silver. Silver's convictions for corruption stemmed from his shady work at the law firm Weitz & Luxenberg. He made millions in referral fees.

The new Albany landscape has also been shattered by the courtroom politics of the NYCAL docket. Justice Sherry Klein Heitler was replaced as the longtime manager of the NYCAL docket in 2021 amid reports that she'd given the "red carpet treatment" to asbestos claims brought by Weitz & Luxenberg. Following this reshuffle Justice Peter Moulton has taken charge of NYCAL. His decisions have made it difficult for defendants to obtain summary judgment.

In Juni, 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 the causation of their claims with sufficient scientific expression by their experts. This decision gives New York asbestos attorneys a powerful tool to defend against claims that claim to be fraud or speculative.

In Reid in Reid Abex the Court of Appeals supported asbestos defense attorneys in their efforts to require plaintiffs to establish a causal connection between asbestos-related illnesses and the products to which they were exposed. The decision imposes on plaintiffs the obligation to prove that their condition was caused by the specific linings and friction materials that were supplied by the defendant, not general exposure to asbestos in the workplace.

Causation

The defendants will need to prove that asbestos caused the disease. There is a consensus that exposure to asbestos-containing substances can cause mesothelioma or other diseases. However the law requires plaintiffs to demonstrate specific exposure to the products manufactured by certain defendants in order for their claims to be successful.

This is a difficult standard to achieve, particularly in NYCAL where a single judge oversees all NYC asbestos lawsuit litigation. In the 16 years that have passed since Parker, New York courts struggle to apply the rules of 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 prove the requirement of specific causality under Nemeth.

Juni has placed a huge burden on defendants and could make them pay an amount lower than they are entitled. A mesothelioma attorney in NYC can explain to you the benefits of filing suit 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-related lawsuits in 2019 and handles about 6% of the national asbestos litigation. As many as 13,000 people have been diagnosed with the disease in New York. Most of the victims were contractors or employees exposed to asbestos in industrial applications.

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

It is essential to file your mesothelioma lawsuit in a timely manner however, it is essential to work with mesothelioma lawyers who can assist you in seeking the most monetary restitution. Contact a mesothelioma lawyer in NYC to set up a no-cost appointment that is no-obligation. Your attorney will be able to discuss your eligibility for financial compensation from an asbestos lawyers trust fund.

Damages

If you suffer from mesothelioma or a similar asbestos-related condition, a successful lawsuit can compensate your family's losses. Compensation could cover your medical bills, lost income from being unable, home care expenses, pain and suffering, mental anxiety and 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 support your claims. After that, your lawyer will bring a lawsuit in civil court before the time limit expires.

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 also group similar cases together. The judges handling these cases are 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-related victims have claimed billions of dollars in settlements and verdicts. Mesothelioma is a deadly form of cancer is caused by asbestos fibers. It is a rare and incurable disease, however lawsuits filed 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 and the other asbestos-related diseases the lawsuits aim at securing the retribution of corporate wrongdoers. These lawsuits seek punitive damages awards in addition to compensatory damages. They are intended to deter the defendant's actions in the future and deter others from engaging in a similar action.

The NYCAL decision gives defendants hope that they will avoid punitive damage awards. They were in danger of large judgments in the past in the belief that their conduct was so bad that they had to pay damages for punitive harm to deter other people from following suit.

With the decision in favor of plaintiffs, businesses named as defendants in NYCAL cases are likely to be dismissed in a substantial percentage of their cases. Even if they were to be dismissed however, they will still need to pay legal fees to defend a case that they didn't have a right to be involved in.