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New York Asbestos Litigation

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

Recent NYCAL decisions will have a profound effect on the defense of asbestos suits. These decisions will likely result in a significant number of summary judgment motions based on the test results of the defendant's fiber/cc and expert reports that place any exposure that is deemed to be respirable under an ambient exposure threshold.

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 cost of asbestos litigation. Both sides could spend hundreds of hours preparing to confront an expert. Experts can charge thousands of dollars per day. It is crucial that litigants carefully examine and verify potential experts prior to contacting them. Failure to do so can result in a failed Daubert challenge and lost cases.

New York has had a long industrial history. Many workers were exposed to asbestos. Many of these workers have developed asbestos-related diseases, including mesothelioma, lung cancer, and so on. Those who have suffered from these ailments can seek compensation from the companies that exposed them to asbestos.

Asbestos lawsuits are a common in New York, and judges are aware of the issues that arise. For instance, the courts speed up trials for sick plaintiffs, and they often combine cases to cut down on trial expenses. The courts also review their discovery process to ensure that they are efficient and up-to date.

In a landmark case, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements made by plaintiffs' experts did not suffice to prove causation. The case was re-argued by the defendants, and a decision is expected in the near future.

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

New Yorkers should continue to be vigilant at work and in their communities regarding asbestos lawyers exposure. Asbestos lawsuits have been on the rise and New York is among the most prominent jurisdictions for mesothelioma verdicts.

Summary Judgment

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

Asbestos exposure could lead to serious illnesses like mesothelioma and lung cancer. These illnesses are extremely serious and have a long latency period which means that patients may start suffering from symptoms as recently as 20 or 25 years after their first exposure. There are steps that workers can take to safeguard themselves from asbestos exposure and avoid future disease. There have been a number of significant changes in the asbestos lawyers litigation landscape in recent years. In 2015 the political establishment of New York was shook to its foundation by the conviction of Sheldon S. Silver on federal corruption charges. Silver's convictions for corruption stemmed from his secret work at the law firm Weitz & Luxenberg. He made millions in referral fees.

The new Albany landscape has also been shaken by the courtroom politics of the NYCAL docket. The long-time head of the NYCAL docket, Justice Sherry Klein Heitler was replaced in 2021 amid reports that she had given 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 rulings have made it more difficult for defendants to obtain the benefit of a summary judgement.

In Juni, the Court of Appeals dealt NYCAL with a brutal dose of truth, rejecting the cumulative exposure theory that had become fashionable in the court case and requiring plaintiffs to 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 they are speculative or fraudulent.

In Reid in Reid Abex the Court of Appeals supported asbestos defense attorneys in their efforts to require plaintiffs to prove a causal connection between asbestos-related illnesses and the products to which they were exposed. This decision imposes on plaintiffs the obligation to prove that their illness was caused by specific linings and friction materials that were supplied by the defendant, rather than general exposure to asbestos in the workplace.

Causation

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

This is a difficult standard to achieve, particularly 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 outlined in this case. In 2016, for instance 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 establish a specific causality.

Juni has placed a significant burden on defendants, and could make them settle their claims at less than what they are entitled to. A mesothelioma attorney in NYC can explain the advantages of filing a lawsuit and your options for financial compensation if have been diagnosed with mesothelioma.

New York State was the second most popular state for mesothelioma suits in 2019. It handled about 6% of the asbestos litigation across the country. It is estimated that as many as 13,000 people have been diagnosed with mesothelioma in the state. The majority of victims were contractors or workers exposed to asbestos in industrial applications.

The symptoms of mesothelioma don't typically evident until between 25 and 50 years after the first exposure. Many asbestos patients are fighting to get the compensation they require to cover medical expenses, lost wages, loss of companionship and other damages.

It is important to file your mesothelioma lawsuit in a timely fashion, but it is also essential to work with a mesothelioma lawyer who can assist you in seeking the maximum financial restitution. Contact a mesothelioma lawyer in NYC to schedule a free appointment that is no-obligation. Your attorney will be able to discuss your eligibility for financial restitution from an asbestos trust fund.

Damages

If you're suffering from mesothelioma, or another asbestos lawyer-related illness A successful lawsuit can compensate your family for your losses. Compensation can cover medical bills, lost wages due to inability to work, home care expenses, mental stress and pain loss of quality, funeral and burial costs, as well as other expenses. A seasoned New York mesothelioma attorney will examine the parties responsible and gather evidence to back your claims. After that, your lawyer can bring a lawsuit in civil court before your state's statute of limitations expires.

The courts have specialized dockets for asbestos cases that streamline the process. They expedite trials for terminally-ill plaintiffs, and also group similar cases. Judges who handle these cases have been instructed to ensure justice and are aware of the increasing risks associated with asbestos.

According to a research study conducted recently, New York City is the national hub for asbestos litigation. Asbestos victims have received billions of dollars in settlements and verdicts. Mesothelioma is a deadly form of cancer is caused by asbestos fibers. It is an uncommon, incurable cancer. However, lawsuits filed against companies that exposed workers to asbestos fibers have led to compensation for victims.

These lawsuits are designed to punish corporate wrongdoers as well indemnizing victims of mesothelioma or other asbestos-related diseases. These lawsuits seek punitive damage awards, which are in addition to compensatory damages. They are intended to deter the defendant's actions in the future, and discourage others from taking part in a similar course of action.

However the NYCAL decision gives defendants an opportunity to win their battle to avoid punitive damages awards. They were in danger of huge judgments in the past, on the basis that their conduct had been so indecent that they had to pay damages for punitive harm to deter other people from committing the same offense.

With the ruling in favor of plaintiffs, it is expected that many of the companies named as defendants will be disqualified. Even if they were to be dismissed however, they will still need to pay legal fees to defend a case that they didn't deserve to be involved in.