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New York Asbestos Litigation

New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma is an asbestos-related disease that is serious and has long latency times.

Recent NYCAL decisions are expected to have a major impact on the defense of asbestos lawsuits. These decisions will likely result in extensive summary judgement motions focusing on the defendant's fiber/cc tests and expert reports that place any respirable exposure under an exposure threshold for ambient conditions.

Expert Testimony

New York asbestos attorneys (Click on schneider-mathews-2.blogbright.net) rely heavily on the testimony of expert witnesses to back up their client's claims. Asbestos litigation can be very expensive, and expert witness fees represent a significant proportion of the total cost. Lawyers on both sides could spend hours prepping to interview an expert, and experts can charge thousands of dollars per day. This is why it is important for litigants to examine and verify potential experts prior to hiring them. Failure to do so can result in a failed Daubert contest and a loss of cases.

New York has had a long history of industrial activity. Many workers were exposed to asbestos. Many of these workers have developed asbestos-related illnesses, like mesothelioma or lung cancer. These workers can claim compensation from the companies who exposed them to asbestos.

Asbestos lawsuits are an everyday in New York, and judges are familiar with the issues involved. The courts, for example expedite trials for seriously ill plaintiffs and combine cases when necessary to cut down on trial costs. In addition the courts are regularly reviewing their discovery procedures to ensure they are up-to-date and effective.

In a case that is notable, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements made by plaintiffs' experts did not suffice to prove causality. The defendants appealed the case, and the decision is expected to be made soon.

The court's decision is likely to have an impact on asbestos litigation across New York. Mesothelioma lawyers have been bombarding daytime television with commercials that encourage asbestos victims to file lawsuits, 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 in relation to the millions he earned by the asbestos cases he directed to their firm.

In addition to these legal developments, New Yorkers need to continue to be vigilant about possible asbestos exposure at work and in their communities. Asbestos lawsuits are increasing and New York is one of the top jurisdictions for mesothelioma cases.

Summary Judgment

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

Asbestos exposure often leads to serious diseases, including mesothelioma and lung cancer. These illnesses are extremely serious and have a long time of latency which means that the victims could be feeling symptoms as recent as 20 or 25 years after their first exposure. There are ways for workers to safeguard themselves from asbestos exposure and prevent future illness. There have been a number of significant changes in the asbestos litigation landscape in recent years. The most significant change came in 2015 in which the New York political establishment was shaken to the core following the conviction on federal corruption charges of the former Assembly Speaker Sheldon Silver. 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 longtime manager of the NYCAL docket, Justice Sherry Klein Heitler was sacked 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 aftermath of the shake-up. His rulings have made it more difficult for defendants to obtain summary judgement.

In Juni the year 2003, the Court of Appeals dealt NYCAL with a brutal dose of truth, rejecting the cumulative-exposure theory that had become fashionable in the litigation, and requiring plaintiffs to prove specific causation through sufficient scientific evidence from their experts. This ruling gives New York asbestos attorneys a powerful tool 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 compel plaintiffs to prove a causal connection between asbestos-related illnesses and the products to which they were exposed. The decision imposes plaintiffs with the obligation to prove that their condition was caused by the specific linings and friction materials that were provided by the defendant, rather than general exposure to asbestos in the workplace.

Causation

The defendants will have to prove that asbestos caused the disease. The consensus is that exposure to asbestos-containing materials can lead to mesothelioma or other illnesses. However the law requires plaintiffs to demonstrate specific exposure to the products manufactured by certain defendants to be successful.

This is a difficult standard to meet, particularly in NYCAL where a single judge manages the entire NYC asbestos litigation. In the 16 years since Parker, New York courts have been unable to apply the principles of this case. In 2016, the First Department in Matter of NYC Asbestos Litigation, (Juni) decided that an expert's evidence that a plaintiff "regularly" exposed himself to products for friction that contained asbestos was not sufficient to establish the requirement of specific causality under Nemeth.

Juni has placed a huge burden on defendants and may oblige them to to settle their claims for a lower amount than they are entitled. A mesothelioma lawyer in NYC can explain the benefits of filing a lawsuit and your options for financial restitution if you're diagnosed with mesothelioma, or other asbestos lawyer-related illnesses.

New York state was the second most popular state for mesothelioma lawsuits in 2019 and is responsible for 6% of national asbestos litigation. As many as 13,000 people are estimated to have been diagnosed with the disease in New York. The majority of the victims have been workers or contractors who were exposed to asbestos because it was used in industrial applications.

The signs of mesothelioma typically are not evident until the age of 25 to 50 after the initial exposure. Many asbestos sufferers are fighting to get the compensation they require to cover medical costs and lost wages, as well as loss of companionship and other losses.

While it is essential to start a mesothelioma lawsuit in a timely manner but it is also essential to consult with a knowledgeable mesothelioma lawyer who can help you obtain the maximum amount of financial restitution that is possible. Contact a mesothelioma lawyer in NYC to set up a no-cost appointment that is no-obligation. Your attorney can help you determine if you're qualified for financial compensation from an asbestos attorney trust.

Damages

If you have mesothelioma, or another asbestos-related disease, a successful lawsuit can pay for the losses of your family. Compensation can cover medical bills, lost wages due to inability to work, home care expenses, mental anguish and pain loss of quality, funeral and burial costs, as well as other costs. An experienced New York mesothelioma attorney will examine the parties responsible and collect evidence to support your claims. Your lawyer can then start a civil lawsuit before the statute of limitations runs out in your state.

The courts are well-versed in asbestos lawsuits, and have dockets that are specifically designed to simplify the process. They speed up trials for terminally ill plaintiffs and group similar cases together. The judges handling these cases have been instructed to ensure justice and are aware of the higher dangers associated with asbestos lawyer.

According to a study that was conducted recently, New York City is the nation's hub for asbestos litigation. Asbestos victims have received billions of dollars in settlements and verdicts. Mesothelioma, a deadly cancer, is caused by asbestos fibers. It is a rare, incurable disease, however lawsuits filed against companies who exposed workers to the cancer-causing substance have helped compensate victims for their suffering.

In addition to compensating victims of mesothelioma and other asbestos-related diseases, these lawsuits are aimed at punishing corporate wrongdoers. The lawsuits seek punitive damages, which are granted in addition to compensatory damages. They are intended to discourage the defendant's behavior in the future and deter others from engaging in a similar course of action.

The NYCAL decision gives defendants the chance to avoid punitive damage awards. Prior to this, they faced the prospect of massive judgments in these cases with the prevailing theory that their conduct was so outrageous that they had to pay punitive damages to deter others from following their lead.

With the ruling in favor plaintiffs, it is likely that many of the companies named as defendants will be dismissed. Even if they were to be dismissed but they'd still have to pay legal fees to defend a case they did not deserve to be in.