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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 illness with a long latency period, is the second most prevalent mesothelioma case nationwide in the year 2019.

Recent NYCAL decisions are expected to have a significant impact on the defense of asbestos lawsuits. These decisions are likely to result in a large number of summary judgment motions based on the defendant's fiber/cc tests and expert reports that put any exposure that is deemed to be respirable under an exposure threshold for ambient conditions.

Expert Testimony

New York asbestos attorneys (from the blogfreely.net blog) rely heavily on the testimony of expert witnesses to support their client's claims. Asbestos litigation can be very expensive and expert witness fees represent a significant proportion of the total cost. Lawyers for both sides can spend hours prepping to interview an expert, while experts can charge thousands of dollars per day. This is why it is essential for litigants to thoroughly study and evaluate potential experts in advance. Failure to do this could 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 have suffered asbestos lawyers-related illnesses, such as mesothelioma as well as lung cancer. These workers can seek compensation from the companies who exposed them to asbestos.

Asbestos suits are quite common in New York and the judges are familiarized with the issues. The courts, for example, expedite trials in cases of terminally ill plaintiffs and consolidate cases when needed to reduce the cost of trial. The courts also review their discovery procedure to ensure that it is effective and up-to date.

In a landmark case, 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 soon.

The court's decision is likely to have a significant impact on asbestos litigation in New York. The mesothelioma lawyers are currently bombarding daytime television with commercials that urge victims to file asbestos lawsuits, promising huge settlements. The niche litigation was particularly lucrative for plaintiffs' lawyers who paid millions of referral fees to Sheldon Silver. Silver was recently found guilty of federal corruption charges related to the millions he made by the asbestos cases he directed to their firm.

New Yorkers should continue to be aware in their workplaces and in their communities regarding asbestos exposure. Asbestos lawsuits have been 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 you deserve.

Asbestos exposure can lead to serious diseases such as mesothelioma and lung cancer. These diseases are agressive and have a long period of latency, meaning that victims may start feeling symptoms as recent as 20 or 25 years after their initial exposure. There are ways for workers to protect themselves against asbestos exposure and prevent future illness. In recent years the asbestos litigation landscape has seen a number of major changes. In 2015 the political establishment of New York was shook to its foundation by the conviction of Sheldon S. Silver on federal charges of corruption. Silver's convictions for corruption were a result of his covert employment at the law firm Weitz & Luxenberg. He made millions of referral fees.

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

In Juni, the Court of Appeals dealt NYCAL a harsh dose of truth, rejecting the cumulative exposure theory that had become fashionable in the litigation and calling for plaintiffs to establish specific causation through sufficient scientific evidence from their experts. This ruling provides 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 also gave asbestos defense lawyers support for their efforts to require plaintiffs to prove the existence of a specific causal connection between their asbestos-related disease and the specific products they were exposed to. This decision imposes plaintiffs with the obligation to prove that their illness was caused by specific friction materials and linings that were provided by the defendant, rather than general exposure to asbestos in the workplace.

Causation

The defendants will need to prove that asbestos contributed to the disease. It is generally accepted that exposure to asbestos-containing materials can cause mesothelioma, among other diseases, however, the law requires plaintiffs to prove specific exposure to products manufactured by particular defendants to prevail on their claims.

This is a tough standard to meet, particularly in NYCAL where a single judge oversees all NYC asbestos litigation. In the 16 years that have passed since Parker, New York courts struggle to apply the principles from the case. In 2016, for example, the First Department in Matter of NYC Asbestos Litigation (Juni) ruled that a plaintiff's expert evidence that he "regularly exposed" himself to asbestos-containing friction products was not sufficient under Nemeth to establish a specific causation.

Juni has put a huge burden on defendants in NYCAL and may make them settle their claims for less than what they are entitled to. A mesothelioma lawyer in NYC can explain the benefits of filing a lawsuit as well as the options for restitution financial if you're diagnosed with mesothelioma or any other asbestos-related illnesses.

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

The signs of mesothelioma typically don't manifest until between 25 to 50 years after initial exposure. Many asbestos attorney victims are fighting to receive the compensation they deserve to cover medical expenses loss of wages, companionship loss, in addition to other damages.

It is crucial to file your mesothelioma lawsuit in a timely fashion, but it is also vital to work with an attorney for mesothelioma who can help you seek the maximum financial restitution. Contact a mesothelioma lawyer from NYC today to schedule a 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 another asbestos lawsuit-related disease A successful lawsuit could pay for the losses of your family. Compensation can cover medical bills and lost wages resulting from inability to work, home-care expenses, mental anguish and pain, loss of quality, funeral and burial costs, and other costs. An experienced New York asbestos lawyer will investigate the responsible parties to collect evidence and support your claim. Your lawyer can then file a civil lawsuit before the statute of limitations runs out in your state.

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

According to a study conducted recently, New York City is the national center for asbestos litigation. Asbestos victims received billions in settlements and verdicts. Mesothelioma, a deadly cancer is caused by asbestos fibers. It is a rare and fatal disease, but lawsuits against companies that exposed workers to the cancer-causing chemical have led to compensation for victims for their suffering.

In addition to compensating the victims of mesothelioma and other asbestos-related diseases the lawsuits aim at securing the retribution of corporate wrongdoers. The lawsuits seek punitive damages, which are given in addition to compensatory damages. They are designed to deter the defendant's actions in the future, and discourage others from taking part in a similar action.

However, the NYCAL decision offers defendants a glimmer of hope in their struggle to stay out of punitive damages. Prior to this, they faced the prospect of massive judgments in these cases according to the prevalent view that their conduct was so egregious that they must pay punitive damages in order to discourage others from committing the same crime.

With the ruling in favor of plaintiffs, it is likely that many of the businesses that were named as defendants will be dismissed. This is because even if they get dismissed, they will still have to spend money on legal costs to defend a case they didn't deserve to be involved in.