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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 common mesothelioma case nationwide in the year 2019.

Recent NYCAL decisions are likely to have a significant impact on the defense of asbestos lawsuits. These decisions will likely result in extensive summary judgment motion practice focusing on the defendant's fiber/cc test and expert reports putting any respirable exposure below an exposure threshold for ambient conditions.

Expert Testimony

New York asbestos lawyers rely heavily on expert witness testimony to support their clients' claims. asbestos lawyers litigation is expensive and expert witness fees 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 interviewing them. In the absence of this, it could result in a failure of the Daubert Challenge and lost cases.

New York has a rich industrial history, and many workers have been exposed to asbestos, which is toxic. Many of these workers have been diagnosed with asbestos-related illnesses, such as mesothelioma and lung cancer. They can seek compensation from the businesses who exposed them to asbestos.

Asbestos lawsuits are a common in New York, and judges are familiar with the issues involved. The courts, for instance speed up trials for terminally ill plaintiffs and consolidate cases when needed to reduce trial costs. The courts also regularly review their discovery procedure to ensure that they are effective and current.

In one case of note, Brown v. Weitz & Luxenberg in which the First Department held that conclusory cumulative exposure statements by the plaintiffs' experts were insufficient to establish the causation in asbestos cases. The case was appealed by defendants, and a ruling is expected in the near future.

The court's ruling is expected to have an impact on asbestos litigation throughout New York. At present, mesothelioma lawyer firms pepper daytime TV with commercials urging victims to file asbestos lawsuits, promising massive settlements. The specialized litigation has been 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 relating to the millions of dollars he earned by directing asbestos cases to his firm.

In addition to these legal developments, New Yorkers need to remain vigilant about possible asbestos exposure in their work environments and communities. asbestos lawsuit lawsuits are on the rise and New York is among the the top jurisdictions for mesothelioma cases.

Summary Judgment

A New York asbestos lawyer can assist you in obtaining the settlement you're entitled to.

Asbestos exposure could lead to serious diseases like mesothelioma or lung cancer. These diseases are aggressive and have a long period of latency, meaning that victims may be feeling symptoms as recent as 20 or 25 years after their initial exposure. There are steps workers can take to prevent asbestos exposure and a subsequent disease. There have been a number of significant changes in the asbestos litigation landscape in recent years. The most significant change came in 2015 when the political establishment was shaken to its foundation following the conviction on federal corruption charges against former Assembly Speaker Sheldon Silver. Silver's convictions for corruption were a result of his covert work at the law firm Weitz & Luxenberg. He used this to earn millions in referral fees.

The courtroom politics on the NYCAL docket have also shaken up the new Albany landscape. Justice Sherry Klein Heitler was removed as the long-time director of the NYCAL docket in 2021 amidst reports that she'd given the "red carpet treatment" to asbestos-related claims filed by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the aftermath of the shake-up. His decisions have made it difficult for defendants to get summary judgment.

In Juni, the Court of Appeals gave NYCAL a hard dose of reality, rejecting the theory of cumulative exposure that was prevalent in the litigation. Instead it required that plaintiffs establish a specific causality with enough scientific evidence from their experts. This ruling gives New York asbestos defense attorneys the ability to defend against claims of fraudulent and speculative claims.

In Reid In Reid Abex the Court of Appeals supported asbestos defense attorneys in their efforts to force plaintiffs to prove a causal link between asbestos-related diseases and the products to which they were exposed. In this decision, plaintiffs are required to prove that their asbestos-related illness was caused by specific friction materials or linings supplied by the defendant rather than general exposure to asbestos in the workplace.

Causation

The most significant challenge facing asbestos defendants is the need to prove causation. It is generally accepted that a person's exposure to asbestos-containing substances can cause mesothelioma, among other diseases, but the law requires plaintiffs to prove the specific exposure to products produced by particular defendants in order to prevail on their claims.

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 struggled to apply the principles outlined in the case. In 2016, for instance, the First Department in Matter of NYC Asbestos Litigation (Juni) ruled that a plaintiff's expert declaration that he "regularly exposed" himself to friction products containing asbestos was not sufficient under Nemeth to satisfy specific causality.

Juni has placed a significant burden on defendants and may oblige them to to settle their claims for less than they are entitled. A mesothelioma lawyer in NYC can explain to you the benefits of filing a lawsuit and your options for financial compensation if have been diagnosed with mesothelioma.

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

The signs of mesothelioma typically do not appear until 25 to 50 after the initial exposure. Many asbestos victims are now fighting for the compensation they need to cover medical expenses, lost wages, loss of companionship and other damages.

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 will help you obtain the maximum amount of financial restitution that is possible. Call a mesothelioma attorney in NYC to schedule a free appointment that is no-obligation. Your attorney can help you determine if you're qualified to receive financial compensation from an asbestos trust.

Damages

If you suffer from mesothelioma, or another asbestos-related disease, a successful lawsuit may provide your family with compensation for their losses. Compensation could cover your medical expenses, lost income from being unable to work and home care expenses as well as pain and suffering mental anguish, loss of quality of life as well as funeral and burial costs. A seasoned New York mesothelioma attorney will look into the parties at fault and gather evidence to back your claims. After that, your lawyer can file a lawsuit in civil court before the state's statute of limitations runs out.

The courts have dockets specialized for asbestos cases to streamline the process. They speed up trials for terminally ill plaintiffs, and group similar cases. The judges handling these cases are trained to ensure justice and are aware of the higher risk of asbestos exposure.

According to a study conducted recently, New York City is the national hub for asbestos litigation. Asbestos victims have received billions of dollars in settlements and verdicts. Mesothelioma is a fatal cancer caused by exposure to harmful asbestos attorney fibers. It is a rare and fatal illness, but lawsuits brought against companies who exposed workers to the cancer-causing substance have helped compensate victims for their suffering.

These lawsuits are designed to punish corporate wrongdoers as indemnizing victims of mesothelioma or other asbestos-related diseases. These lawsuits seek punitive damage awards, which are in addition to compensatory damages. The intent of the lawsuits is to discourage the defendant from repeating the same conduct in the future.

The NYCAL decision gives defendants hope that they will stay clear of punitive damages. In the past, they faced the possibility of huge judgments in these cases, with the prevailing theory that their conduct was so indefensible that they should be forced to pay punitive damages to deter others from following their lead.

With the decision in favor of plaintiffs, firms named as defendants in NYCAL cases are likely to be dismissed in a significant portion of their cases. Even if they are dismissed but they'd still have to pay legal fees to defend a case that they didn't have a right to be involved in.