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New York Asbestos Litigation

New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma, a serious asbestos-related illness with a long latency period, is the second most common mesothelioma-related case in the United States in 2019.

Recent NYCAL decisions will have a profound 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 ambient exposure threshold.

Expert Testimony

New York asbestos attorneys rely heavily on the testimony of experts to back up their client's claims. Asbestos litigation is expensive, and expert witness fees make up a significant portion of total case costs. Both sides can devote hundreds of hours preparing to confront an expert. Experts can charge thousands of dollar per day. It is crucial that litigants carefully study and evaluate potential experts in advance. In the absence of this, it could result in a failure of the Daubert Challenge or losing cases.

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

Asbestos lawsuits are an everyday event in New York, and judges are familiar with the issues involved. For instance, the courts speed up trials for sick plaintiffs, and they often combine cases to cut down on trial expenses. The courts also periodically 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 did not suffice to prove causality. The defendants appealed the decision and a decision is expected soon.

The court's decision is expected to impact asbestos litigation in New York. The mesothelioma lawyers are currently bombarding daytime television with commercials which urge victims to file asbestos lawsuits, promising huge settlements. The niche litigation was particularly lucrative for plaintiffs’ attorneys who repaid millions of referral fees to Sheldon Silver. Silver was recently found guilty of federal corruption charges in relation to the millions he earned by the asbestos cases he directed to their firm.

New Yorkers must continue to be vigilant in their workplaces and communities to avoid asbestos exposure. Asbestos-related lawsuits are on the increasing, and New York is among the top jurisdictions for mesothelioma cases.

Summary Judgment

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

Asbestos exposure can lead to serious diseases, such as mesothelioma and lung cancer. These diseases are agressive and have a long latency period which means that the victims could be suffering from symptoms as recently as 20 or 25 years after the initial exposure. There are steps that workers can take to reduce the risk of asbestos exposure and the development of a future disease. There have been a number of significant changes in the asbestos lawyers litigation scene in recent years. In 2015 the political establishment of New York was shook to its core by the conviction of Sheldon Silver on federal charges of corruption. Silver's corruption convictions stemmed from a secretly working at 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 shattered by the courtroom political machinations of the NYCAL docket. Justice Sherry Klein Heitler was removed as the long-time director of the NYCAL docket in 2021 amid reports that she'd given the "red carpet treatment" to asbestos lawyer claims filed by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the wake of this shake-up. His decisions have made it difficult for defendants to obtain the benefit of a summary judgement.

In Juni the year 2003, the Court of Appeals gave NYCAL a hefty dose of reality, rejecting the theory of cumulative exposure that was prevalent in the litigation. Instead it required that plaintiffs establish a specific causation with sufficient scientific expression from their experts. This ruling provides New York asbestos attorneys (securityholes.Science) a powerful tool 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 support for their efforts to require plaintiffs to prove a specific causal link between their asbestos-related illness and the specific products they were exposed to. The decision imposes on plaintiffs the obligation to prove that their illness was caused by the specific linings and friction materials which were supplied by the defendant, rather than general exposure to asbestos lawyers in the workplace.

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 materials can trigger mesothelioma and other illnesses. However the law requires that plaintiffs prove specific exposure to products produced by certain defendants to be successful.

This is a challenging standard to meet, especially in NYCAL where a single judge oversees all 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), ruled that an expert's evidence that plaintiff "regularly" exposed himself to friction products containing asbestos was not sufficient to satisfy specific causality under Nemeth.

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

New York State was the second most popular state for mesothelioma suits in 2019. It was the sole handler of 6percent of all asbestos litigation across the country. Up to 13,000 people are estimated to have been diagnosed with the disease in New York. The majority of the victims are contractors or workers who were exposed to asbestos when it was employed in industrial applications.

The signs of mesothelioma generally don't manifest until between 25 to 50 years after initial exposure. Many asbestos patients are fighting for the compensation they need for medical expenses, lost wages and companionship loss, in addition to damages.

While it is crucial to start a mesothelioma lawsuit in a timely manner however, it is equally important to work with an experienced mesothelioma lawyer who can help you pursue the maximum amount of financial compensation that you can. Contact a mesothelioma lawyer in NYC to set up a no-cost appointment, no-obligation. Your lawyer can help determine if you're qualified to receive financial compensation from an asbestos trust.

Damages

If you have mesothelioma, or any other asbestos-related illness, a successful lawsuit can compensate your family's losses. Compensation may cover medical bills as well as lost wages due to inability to work, home care expenses, mental stress and suffering loss of quality, funeral and burial costs, and other costs. An experienced New York asbestos lawyer will examine the parties responsible to collect evidence and support your claim. After this, your lawyer may start a civil lawsuit in court before your state's time limit expires.

The courts have dockets specialized for asbestos cases that streamline the process. They accelerate trials for plaintiffs with terminal illnesses and also group similar cases together. The judges handling these cases have been trained to ensure justice and are aware of the higher risks associated with asbestos.

According to a recent study, New York City is the national center for asbestos litigation. Asbestos victims have received billions of dollars in settlements and verdicts. Mesothelioma is a deadly cancer caused by exposure to dangerous asbestos fibers. It is a rare, incurable disease, however lawsuits filed against companies who exposed workers to the cancer-causing chemical have led to compensation for victims for their suffering.

In addition to compensating victims of mesothelioma and the other asbestos-related diseases These lawsuits are also 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 discourage others from participating in a similar course of action.

However, the NYCAL decision gives defendants an opportunity to win their struggle to stay clear of punitive damages. Prior to this, they faced the possibility of huge judgments in these cases with the prevailing theory that their conduct was so outrageous that they should be forced to pay punitive damages in order to discourage others from following suit.

With the decision in favor of plaintiffs, businesses that are named as defendants in NYCAL cases could be dismissed in a large percentage of their cases. This is because, even if they are dismissed, they will still have to spend money on legal fees to defend a case they did not merit to be involved in.