Asbestos Litigation: 10 Things I Wish I'd Known Sooner
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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 could result in a number of summary judgment motions based on test results of the defendant's fiber/cc and expert reports that put any respirable exposure under an exposure threshold in the ambient.
Expert Testimony
New York asbestos attorneys rely heavily on the testimony of expert witnesses to back up their client's claims. asbestos lawsuit litigation can be very expensive and expert witness costs make up a significant portion of the total cost. Both sides can devote hundreds of hours preparing to question an expert. Experts can charge thousands of dollar per day. It is crucial that litigants examine and verify potential experts prior to contacting them. If they don't, it could result in a failure of the Daubert Challenge or losing cases.
New York has had a long history of industrialization. Many workers were exposed to asbestos. Many of these workers developed asbestos-related diseases, such as mesothelioma, lung cancer, and so on. Anyone who has suffered from these conditions can recover compensation from the companies that exposed them to asbestos.
Asbestos suits are common in New York and the judges are familiarized with the issues. The courts, for instance expedite trials in cases of terminally ill plaintiffs and consolidate cases when needed to reduce trial costs. In addition 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 plaintiffs' experts were insufficient to establish the causality in an asbestos case. The defendants appealed the decision, and a decision is expected in the near future.
The court's decision is expected to have a profound impact on asbestos litigation in New York. Currently, specialized mesothelioma law firms pepper daytime TV with advertisements urging people to bring asbestos lawsuits, promising giant settlements. The niche litigation was especially lucrative for plaintiffs' attorneys who paid millions of referral fees to Sheldon Silver. Silver was recently found guilty of federal corruption charges in relation to the millions he made by the asbestos cases he directed to their firm.
New Yorkers must continue to be vigilant at work and in their communities regarding asbestos exposure. Asbestos-related lawsuits are on the rise and New York is among the most sought-after jurisdictions for mesothelioma verdicts.
Summary Judgment
A New York asbestos lawyer can help you obtain the compensation you're due.
Asbestos exposure can lead to serious diseases, including mesothelioma as well as lung cancer. These are serious diseases, and they have a long time to develop. This means that patients may not have started developing symptoms until 20 or 25 years following their first exposure. There are ways for workers to protect themselves against asbestos exposure and avoid future illnesses. There have been a number of significant changes in the asbestos litigation landscape in recent years. The most significant change occurred in 2015 when the political establishment was shaken to its core by the conviction on federal corruption charges brought against the former Assembly Speaker Sheldon Silver. Silver's convictions for corruption stemmed from his secretly working for the law firm of Weitz & Luxenberg, which was where he earned millions of dollars in referral fees for the firm.
The courtroom politics on the NYCAL docket have also shaken up the new Albany landscape. Justice Sherry Klein Heitler was replaced as the longtime manager of the NYCAL docket in 2021 amid reports that she'd given the "red carpet treatment" to asbestos-related claims filed by Weitz & Luxenberg. In the wake of this reshuffle, Justice Peter Moulton has taken the charge of NYCAL. His decisions have put a huge burden on defendants, making it almost impossible for them to obtain summary judgment.
In Juni, the Court of Appeals gave NYCAL a hard dose of reality by denying the theory of cumulative exposure that was a popular argument in the litigation. Instead it required plaintiffs prove causality with enough scientific evidence from their experts. This ruling gives New York asbestos attorneys a powerful weapon to defend against claims that claim they are speculative or fraudulent.
In Reid In Reid Abex the Court of Appeals supported asbestos defense lawyers in their efforts to compel 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 prove that their asbestos-related illness was caused by specific friction materials or linings offered by the defendant, not general exposure to asbestos in the workplace.
Causation
The defendants will have to prove that asbestos contributed to the disease. The general consensus is that exposure to asbestos-containing substances can lead to mesothelioma or other illnesses. However the law requires that plaintiffs demonstrate specific exposure to the products made by certain defendants in order to be considered valid.
This is a tough standard to achieve, particularly in NYCAL where a single judge oversees all NYC asbestos litigation. In the 16 years since Parker, New York courts have struggled to apply the principles from the case. In 2016, for example, the First Department in Matter of NYC Asbestos Litigation (Juni) found that a plaintiff's declaration 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 oblige them to pay a lower amount than they are entitled. A mesothelioma lawyer from 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 lawsuits in the year 2019 and is responsible for 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 the victims were contractors or employees who were exposed to asbestos when it was being used in industrial processes.
Symptoms of mesothelioma are not typically evident until 25 to 50 years after exposure. Many asbestos victims are now fighting to get the compensation they require to cover medical costs as well as lost wages, loss of companionship, and other damages.
While it is important to file a mesothelioma lawsuit promptly however, it is equally important to work with an experienced mesothelioma lawyer who can help you pursue the maximum amount of financial restitution that is possible. Contact a mesothelioma attorney in NYC today to schedule a free, no-obligation consultation. Your attorney will be able to discuss your rights to financial compensation from an asbestos trust fund.
Damages
If you're suffering from mesothelioma, or another asbestos-related illness, a successful lawsuit could pay your family members for their losses. Compensation could cover your medical bills, lost income from being unable, home care expenses as well as pain and suffering mental anguish, loss of quality of life, and funeral and burial expenses. An experienced New York mesothelioma attorney will investigate the responsible parties and gather evidence to support your claims. Your lawyer can then bring a civil suit before the statute of limitations expires in your state.
The courts are familiar with asbestos lawsuits, and they have dockets specifically designed to simplify the process. They speed up trials for terminally ill plaintiffs and group similar cases. The judges who are handling these cases have been instructed to ensure justice and are aware of the higher risk of asbestos exposure.
According to a recent study, New York City is the national center for asbestos attorney 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 cancer. However lawsuits filed against companies that exposed workers to asbestos fibers have helped compensate victims.
These lawsuits aim to punish corporate wrongdoers as indemnizing victims of mesothelioma or other asbestos-related illnesses. These lawsuits seek punitive damages awards in addition to compensatory damages. They are designed to discourage the defendant's behavior in the future and deter others from taking part in a similar action.
The NYCAL decision gives defendants hope that they can stay clear of punitive damages. They faced the prospect of massive judgments in the past, in the belief that their conduct had been so indecent that they should pay punitive damage awards to discourage others from following their example.
With the ruling in favor of plaintiffs, it is expected that many of the businesses that were named as defendants will be disqualified. This is because, even if they are dismissed, they'll have to spend money on legal costs to defend a case that they did not deserve to be involved in.
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 could result in a number of summary judgment motions based on test results of the defendant's fiber/cc and expert reports that put any respirable exposure under an exposure threshold in the ambient.
Expert Testimony
New York asbestos attorneys rely heavily on the testimony of expert witnesses to back up their client's claims. asbestos lawsuit litigation can be very expensive and expert witness costs make up a significant portion of the total cost. Both sides can devote hundreds of hours preparing to question an expert. Experts can charge thousands of dollar per day. It is crucial that litigants examine and verify potential experts prior to contacting them. If they don't, it could result in a failure of the Daubert Challenge or losing cases.
New York has had a long history of industrialization. Many workers were exposed to asbestos. Many of these workers developed asbestos-related diseases, such as mesothelioma, lung cancer, and so on. Anyone who has suffered from these conditions can recover compensation from the companies that exposed them to asbestos.
Asbestos suits are common in New York and the judges are familiarized with the issues. The courts, for instance expedite trials in cases of terminally ill plaintiffs and consolidate cases when needed to reduce trial costs. In addition 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 plaintiffs' experts were insufficient to establish the causality in an asbestos case. The defendants appealed the decision, and a decision is expected in the near future.
The court's decision is expected to have a profound impact on asbestos litigation in New York. Currently, specialized mesothelioma law firms pepper daytime TV with advertisements urging people to bring asbestos lawsuits, promising giant settlements. The niche litigation was especially lucrative for plaintiffs' attorneys who paid millions of referral fees to Sheldon Silver. Silver was recently found guilty of federal corruption charges in relation to the millions he made by the asbestos cases he directed to their firm.
New Yorkers must continue to be vigilant at work and in their communities regarding asbestos exposure. Asbestos-related lawsuits are on the rise and New York is among the most sought-after jurisdictions for mesothelioma verdicts.
Summary Judgment
A New York asbestos lawyer can help you obtain the compensation you're due.
Asbestos exposure can lead to serious diseases, including mesothelioma as well as lung cancer. These are serious diseases, and they have a long time to develop. This means that patients may not have started developing symptoms until 20 or 25 years following their first exposure. There are ways for workers to protect themselves against asbestos exposure and avoid future illnesses. There have been a number of significant changes in the asbestos litigation landscape in recent years. The most significant change occurred in 2015 when the political establishment was shaken to its core by the conviction on federal corruption charges brought against the former Assembly Speaker Sheldon Silver. Silver's convictions for corruption stemmed from his secretly working for the law firm of Weitz & Luxenberg, which was where he earned millions of dollars in referral fees for the firm.
The courtroom politics on the NYCAL docket have also shaken up the new Albany landscape. Justice Sherry Klein Heitler was replaced as the longtime manager of the NYCAL docket in 2021 amid reports that she'd given the "red carpet treatment" to asbestos-related claims filed by Weitz & Luxenberg. In the wake of this reshuffle, Justice Peter Moulton has taken the charge of NYCAL. His decisions have put a huge burden on defendants, making it almost impossible for them to obtain summary judgment.
In Juni, the Court of Appeals gave NYCAL a hard dose of reality by denying the theory of cumulative exposure that was a popular argument in the litigation. Instead it required plaintiffs prove causality with enough scientific evidence from their experts. This ruling gives New York asbestos attorneys a powerful weapon to defend against claims that claim they are speculative or fraudulent.
In Reid In Reid Abex the Court of Appeals supported asbestos defense lawyers in their efforts to compel 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 prove that their asbestos-related illness was caused by specific friction materials or linings offered by the defendant, not general exposure to asbestos in the workplace.
Causation
The defendants will have to prove that asbestos contributed to the disease. The general consensus is that exposure to asbestos-containing substances can lead to mesothelioma or other illnesses. However the law requires that plaintiffs demonstrate specific exposure to the products made by certain defendants in order to be considered valid.
This is a tough standard to achieve, particularly in NYCAL where a single judge oversees all NYC asbestos litigation. In the 16 years since Parker, New York courts have struggled to apply the principles from the case. In 2016, for example, the First Department in Matter of NYC Asbestos Litigation (Juni) found that a plaintiff's declaration 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 oblige them to pay a lower amount than they are entitled. A mesothelioma lawyer from 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 lawsuits in the year 2019 and is responsible for 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 the victims were contractors or employees who were exposed to asbestos when it was being used in industrial processes.
Symptoms of mesothelioma are not typically evident until 25 to 50 years after exposure. Many asbestos victims are now fighting to get the compensation they require to cover medical costs as well as lost wages, loss of companionship, and other damages.
While it is important to file a mesothelioma lawsuit promptly however, it is equally important to work with an experienced mesothelioma lawyer who can help you pursue the maximum amount of financial restitution that is possible. Contact a mesothelioma attorney in NYC today to schedule a free, no-obligation consultation. Your attorney will be able to discuss your rights to financial compensation from an asbestos trust fund.
Damages
If you're suffering from mesothelioma, or another asbestos-related illness, a successful lawsuit could pay your family members for their losses. Compensation could cover your medical bills, lost income from being unable, home care expenses as well as pain and suffering mental anguish, loss of quality of life, and funeral and burial expenses. An experienced New York mesothelioma attorney will investigate the responsible parties and gather evidence to support your claims. Your lawyer can then bring a civil suit before the statute of limitations expires in your state.
The courts are familiar with asbestos lawsuits, and they have dockets specifically designed to simplify the process. They speed up trials for terminally ill plaintiffs and group similar cases. The judges who are handling these cases have been instructed to ensure justice and are aware of the higher risk of asbestos exposure.
According to a recent study, New York City is the national center for asbestos attorney 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 cancer. However lawsuits filed against companies that exposed workers to asbestos fibers have helped compensate victims.
These lawsuits aim to punish corporate wrongdoers as indemnizing victims of mesothelioma or other asbestos-related illnesses. These lawsuits seek punitive damages awards in addition to compensatory damages. They are designed to discourage the defendant's behavior in the future and deter others from taking part in a similar action.
The NYCAL decision gives defendants hope that they can stay clear of punitive damages. They faced the prospect of massive judgments in the past, in the belief that their conduct had been so indecent that they should pay punitive damage awards to discourage others from following their example.
With the ruling in favor of plaintiffs, it is expected that many of the businesses that were named as defendants will be disqualified. This is because, even if they are dismissed, they'll have to spend money on legal costs to defend a case that they did not deserve to be involved in.
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