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New York Asbestos Litigation

New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma, a serious asbestos-related disease with a long latency is the second most common mesothelioma case nationwide in the year 2019.

Recent NYCAL decisions are expected to have a major 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 placing any exposure that is deemed to be respirable below the threshold of exposure to ambient air.

Expert Testimony

New York asbestos attorneys rely heavily on the testimony of experts to prove their clients' claims. Expert witness fees can account for an enormous portion of total costs involved in asbestos litigation. Both sides can spend hundreds hours preparing to confront an expert. Experts can charge thousands of dollar per day. For this reason, it is crucial for litigants to carefully research and vet potential experts in advance. In the absence of doing so, it could result in a sham Daubert challenge or losing cases.

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

asbestos lawsuit lawsuits are a common in New York, and judges are aware of the issues that arise. For example, the courts expedite trials for terminally patients, and often combine cases to cut down on trial expenses. In addition courts frequently review their discovery procedures to make sure they are up-to-date and effective.

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

The court's decision is likely to impact asbestos litigation throughout New York. Mesothelioma lawyers have been bombarding the daytime TV with ads that urge victims to file asbestos lawsuits, promising huge settlements. The niche litigation was especially lucrative for plaintiffs' lawyers who repaid millions of referral fees to Sheldon Silver. Silver was recently convicted of federal corruption charges relating to the millions he made by sending asbestos cases to their firm.

New Yorkers should be vigilant in their workplaces and communities to avoid asbestos exposure. Asbestos lawsuits are on the rise and New York is among the the top jurisdictions for mesothelioma cases.

Summary Judgment

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

Asbestos exposure could lead to serious diseases like mesothelioma and lung cancer. These diseases are extremely serious and have a long latency time. This means that patients may not be developing symptoms until 20 or 25 years after their first exposure. There are steps that workers can take to safeguard themselves from asbestos exposure and avoid future illnesses. Several major changes have occurred in the asbestos litigation landscape in recent years. In 2015 the political establishment of New York was shook to its core by Sheldon Silver's conviction on federal corruption charges. Silver's corruption convictions stemmed from a secretly working for the law firm of Weitz & Luxenberg, which employed him to earn millions of dollars in referral fees for the firm.

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 sacked in 2021 amidst reports that she provided the "red-carpet treatment" to asbestos cases filed by Weitz & Luxenberg. Following this reshuffle Justice Peter Moulton has taken the reigns of NYCAL. His decisions have placed a heavy burden on defendants, making it almost impossible for them to get summary judgment.

In Juni, the Court of Appeals dealt NYCAL with a savage dose of reality, 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 evidence from their experts. This decision gives New York asbestos attorneys a powerful weapon to defend against claims that claim to be false or speculative.

In Reid In Reid Abex the Court of Appeals supported asbestos defense lawyers in their efforts to require plaintiffs to prove a causal link between asbestos-related diseases and the products to which they were exposed. In this ruling, plaintiffs are required to demonstrate that their asbestos lawsuit-related condition was caused by specific friction materials or linings provided by the defendant, rather than 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 lead to mesothelioma or other diseases. However the law requires plaintiffs to prove specific exposure to products made by certain defendants in order for their claims to be considered valid.

This is a difficult standard to meet, particularly in NYCAL, where a single judge is responsible for 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 that 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 sufficient to satisfy the requirements of causality specific to Nemeth.

Juni has placed a huge burden on defendants and could oblige them to to settle their claims for less than they are entitled. An attorney for mesothelioma in NYC can explain the advantages of filing a lawsuit as well as your options for financial restitution if you are diagnosed with mesothelioma or other asbestos-related diseases.

New York state was the second most popular state for mesothelioma-related lawsuits in 2019 and handles 6% of national asbestos litigation. It is estimated that around 13,000 patients have been diagnosed with mesothelioma in the state. The majority of patients were contractors or employees exposed to asbestos in industrial settings.

The signs of mesothelioma aren't typically apparent until between 25 and 50 years after the initial exposure. Many asbestos patients are fighting for the compensation they deserve for medical expenses as well as lost wages and companionship loss, in addition to damages.

While it is essential to file a mesothelioma lawsuit in a timely manner however, it is equally important to consult with a knowledgeable mesothelioma lawyer who can assist you in obtaining the highest financial restitution possible. Contact a mesothelioma attorney in NYC today to schedule your free no-obligation consultation. Your lawyer can assist determine if you're qualified for financial compensation from an asbestos lawyer trust.

Damages

If you're suffering from mesothelioma, or another asbestos-related disease A successful lawsuit can provide your family with compensation for their losses. Compensation could cover your medical bills, lost income due to being unable to work, home care expenses 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 investigate the responsible parties and gather evidence to back your claims. After this, your lawyer may bring a lawsuit in civil court before your state's statute of limitations runs out.

The courts have dockets that are specially designed for asbestos cases to streamline the process. They expedite trials for terminally-ill plaintiffs, and group similar cases. Judges who handle these cases are trained to ensure justice and are aware of the increased risk of asbestos exposure.

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

These lawsuits aim to punish corporate wrongdoers as well as compensating victims of mesothelioma or other asbestos-related diseases. The lawsuits seek punitive damages, which are awarded 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 gives defendants an opportunity to win their battle to stay clear of punitive damages. They faced the prospect of large judgments in the past, in the belief that their conduct had been so bad that they should pay damages for punitive harm to deter other people from following their example.

Now, with the ruling in favor of plaintiffs, firms that are named as defendants in NYCAL cases can expect to be dismissed in a large portion of their cases. This is because, even if they are dismissed, they will need to incur legal fees to defend a case that they did not merit to be involved in.