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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 illness with a long latency, is the second most prevalent mesothelioma patient in the country in the year 2019.

Recent NYCAL decisions are likely 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 can be deemed respirable below an exposure threshold for ambient conditions.

Expert Testimony

New York asbestos attorneys rely heavily on the testimony of experts to prove their clients' claims. Asbestos litigation can be extremely expensive and expert witness fees make up a significant portion of the total costs. Lawyers for both sides could spend hours in preparation to confront an expert, while experts can charge thousands of dollars per day. Therefore, it is essential that litigants carefully study and evaluate potential experts prior to interviewing them. If they don't, it could result in a failed Daubert Challenge and losing cases.

New York has a rich industrial past, and a lot of workers have been exposed to asbestos that is toxic. Many of these workers have developed asbestos-related illnesses, like mesothelioma and lung cancer. They may seek compensation from the businesses who exposed them to asbestos.

Asbestos lawsuits are a common event in New York, and judges are familiar with the issues that arise. The courts, for instance speed up trials for seriously ill plaintiffs and combine cases when needed to reduce trial costs. Additionally courts frequently review their discovery procedures to make sure they are up-to-date and efficient.

In one case of note, Brown v. Weitz & Luxenberg, the First Department held that conclusory statements of exposure cumulatively made by the plaintiffs' experts were insufficient 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 have a major impact on asbestos litigation in New York. The mesothelioma lawyers are bombarding the daytime TV with ads which encourage asbestos victims to file suits, promising huge settlements. The niche litigation has proven particularly lucrative for plaintiffs' lawyers who have paid millions of dollars in referral fees to former Assembly Speaker Sheldon Silver, who was recently found guilty of federal corruption charges that relate to the millions of dollars he earned by directing asbestos cases to his firm.

In addition to these legal developments, New Yorkers need to continue to be aware of the possibility of asbestos exposure in their workplaces and communities. asbestos lawyers-related lawsuits are on the rise and the state is one of the most sought-after jurisdictions for mesothelioma verdicts.

Summary Judgment

A New York asbestos attorney can assist you in obtaining the compensation that you deserve.

Asbestos exposure can cause serious diseases like mesothelioma or lung cancer. These are serious diseases, and they have a long latency time. This means that victims may not be experiencing symptoms until twenty or 25 years after their first exposure. There are steps workers can take to reduce the risk of asbestos lawyers exposure and a subsequent disease. There have been a number of significant changes in the asbestos litigation landscape in recent years. In 2015, the political establishment in New York was shook to its foundation by the conviction of Sheldon S. Silver on federal charges of corruption. Silver's convictions for corruption stemmed from his shady employment at the law firm Weitz & Luxenberg. He made millions in referral fees.

The new Albany landscape has also been shattered by the courtroom political machinations of the NYCAL docket. The longtime manager 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 wake of this shake-up. His rulings have made it more difficult for defendants to obtain summary judgement.

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

In Reid in Reid Abex, the Court of Appeals also gave asbestos defense attorneys a boost in their efforts to require plaintiffs to prove the existence of a specific causal connection between their asbestos-related condition and the particular products that they were exposed to. In this case plaintiffs are required to prove that their asbestos-related illness was caused by specific friction materials or linings supplied by the defendant, not general workplace exposure to asbestos.

Causation

The most difficult challenge facing asbestos defendants is the need to prove that there is a causal link. There is a consensus that exposure to asbestos-containing substances can lead to mesothelioma or other diseases. However, the law requires plaintiffs be able to prove specific exposure to certain products made by certain defendants to be successful.

This is a tough standard to meet, particularly in NYCAL, where a single judge oversees the entire NYC asbestos litigation. In the 16 years since the decision of Parker, New York courts have been unable to apply the principles of this case. In 2016, the First Department in Matter of NYC asbestos lawyers Litigation, (Juni) ruling the testimony of an expert that a plaintiff "regularly" exposed himself to friction products containing asbestos was not enough to prove the requirement of specific causality under Nemeth.

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

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

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

It is crucial to file your mesothelioma suit in a timely fashion, but it is also essential to work with a mesothelioma lawyer who can assist you in seeking the highest amount of financial compensation. Contact a mesothelioma attorney from NYC to set up a free appointment, no-obligation. Your lawyer can assist you determine if you're qualified for financial compensation from an asbestos 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 medical expenses as well as 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. An experienced New York asbestos lawyer will investigate the responsible parties to collect evidence and support your claim. Your lawyer will then start a civil lawsuit before the statute of limitations expires in your state.

The courts have dockets that are specially designed for asbestos cases in order to speed up the process. They speed up trials for plaintiffs with terminal illnesses and put similar cases together. In addition the judges who handle these cases are aware of the increased risks associated with asbestos exposure and are trained to ensure that justice is done.

According to a study conducted recently, New York City is a national hub for asbestos litigation. Asbestos-related victims have claimed billions of dollars in settlements and verdicts. Mesothelioma is a deadly cancer that is caused by exposure to hazardous asbestos fibers. It is a rare and fatal disease, however lawsuits filed against companies that exposed workers to the cancer-causing substance have aided in compensating victims for their suffering.

In addition to remunerating the victims of mesothelioma and the other asbestos-related diseases the lawsuits aim at punishing corporate wrongdoers. These lawsuits seek punitive damages awards, which are in addition to compensatory damages. They are designed to deter the defendant's actions in the future, and discourage others from engaging in a similar course of action.

However, the NYCAL decision provides defendants with the chance to have a shot of hope in their battle to stay out of punitive damages. Prior to this, they faced the prospect of massive judgments in these cases according to the popular belief that their conduct was so outrageous that they should be forced to pay punitive damages in order to discourage others from committing the same crime.

With the ruling in favor of plaintiffs, it is likely that a lot of the companies that were named as defendants will be reprimanded. 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.