This Week s Top Stories About Asbestos Litigation Asbestos Litigation

New York Asbestos Litigation

New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma, a serious asbestos-related cancer with a long latency period, is the second most frequent mesothelioma case nationwide in the year 2019.

Recent NYCAL decisions are expected 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 tests and expert reports placing any respirable exposure below an ambient exposure threshold.

Expert Testimony

New York asbestos lawyers rely heavily on expert witness testimony to back their clients claim. Asbestos litigation is expensive and expert witness costs account for a significant percentage of the total cost. Both sides can spend hundreds hours preparing to confront an expert. Experts can charge thousands of dollar per day. This is why it is crucial for litigants to thoroughly research and vet potential experts in advance. If they don't, it could result in a shaky Daubert Challenge and lost cases.

New York has a rich industrial past, and a lot of workers have been exposed to toxic asbestos. Many of these workers have developed asbestos-related diseases, including mesothelioma and lung cancer. They can seek compensation from the companies who exposed them to asbestos.

Asbestos lawsuits are a common event in New York, and judges are well-versed in the issues involved. For instance, the courts expedite trials for terminally patients, and often consolidate cases to reduce trial expenses. Additionally the courts are regularly reviewing their discovery procedures to ensure they are current and efficient.

In a case that is notable, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements by plaintiffs’ experts were not sufficient to establish causality. The case was re-argued by the defendants, and a ruling is expected in the near future.

The court's decision is likely to have a major impact on asbestos litigation in New York. There are currently mesothelioma-specific law firms pepper daytime TV with commercials urging victims to file asbestos lawsuits, promising massive settlements. The niche litigation was particularly lucrative for plaintiffs' lawyers who repaid millions of referral fees to Sheldon Silver. Silver was recently convicted of federal corruption charges related to the millions he made by directing asbestos cases to their firm.

New Yorkers must continue to be aware in their workplaces and communities to avoid asbestos exposure. Asbestos lawsuits are on the increase and the state is one of the top jurisdictions for mesothelioma cases.

Summary Judgment

A New York asbestos attorney can assist you in receiving the amount of compensation you are due.

Asbestos exposure can lead to serious diseases like mesothelioma and lung cancer. These are serious diseases, and they have a long latency time. This means that victims may not have started suffering from symptoms until 20 or 25 years following the initial exposure. There are steps that workers can take to safeguard themselves from asbestos lawyers exposure and prevent future illnesses. In recent years, the asbestos litigation landscape has seen major changes. The most significant change came in 2015 in which the New York political establishment was shaken to its foundation following the conviction on federal corruption charges of the former Assembly Speaker Sheldon Silver. Silver's corruption convictions stemmed from his secret moonlighting at 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 the new Albany landscape. Justice Sherry Klein Heitler was replaced as the longtime manager of NYCAL docket in 2021 following reports that she had given the "red carpet treatment" to asbestos-related claims filed by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the following shake-up. 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 dealt NYCAL a harsh dose of reality, renouncing the cumulative exposure theory that had become fashionable in the litigation and calling for plaintiffs to establish specific causation through sufficient scientific evidence from their experts. This ruling gives New York asbestos defense attorneys the ability to defend against claims of speculative and fraudulent claims.

In Reid v Abex, the Court of Appeals also gave asbestos defense attorneys a boost in their efforts to require plaintiffs to prove that there is a causal link between their asbestos-related disease and the specific substances they were exposed to. 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, rather than general exposure to asbestos in the workplace.

Causation

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

This is a challenging standard to meet, especially in NYCAL where a single judge manages the entire NYC asbestos litigation. In the 16 years since the decision of 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) decided that a plaintiff's expert testimony that he "regularly exposed" himself to asbestos-containing friction products was not sufficient under Nemeth to satisfy a specific causality.

Juni has placed a heavy burden on defendants and may oblige them to pay an amount lower than what they are entitled to. A mesothelioma attorney in NYC can explain the advantages of filing a lawsuit and your options for restitution financial if you're diagnosed with mesothelioma or any other asbestos-related diseases.

New York State was the second most popular state for mesothelioma suits in the year 2019. It handled about 6% of the national asbestos litigation. It is estimated that as many as 13,000 people have been diagnosed with mesothelioma within the state. The majority of patients were contractors or workers exposed to asbestos lawyers in industrial applications.

The signs of mesothelioma typically do not appear until 25 to 50 years after initial exposure. Many asbestos victims are fighting to receive the compensation they require to cover medical expenses as well as lost wages and companionship loss, in addition to damages.

It is important to file your mesothelioma lawsuit in a timely manner, but it is also vital to work with an attorney for mesothelioma who can assist you in obtaining the most monetary restitution. Contact a mesothelioma attorney in NYC today to schedule a free, no-obligation consultation. Your lawyer can assist you determine if you're qualified for financial compensation from an asbestos trust.

Damages

If you suffer from mesothelioma or another asbestos-related disease A successful lawsuit could pay for the losses of your family. Compensation could cover your medical bills, lost income due to being unable to work or take care of your home as well as pain and suffering mental anguish and loss of quality of life, and funeral and burial costs. A seasoned New York mesothelioma attorney will investigate the responsible parties and gather evidence to support your claims. After that, your lawyer can file a lawsuit in civil court before your state's statute of limitations expires.

The courts are familiar with asbestos lawsuits, and they have dockets specifically designed to simplify the process. They expedite trials for terminally-ill plaintiffs, and also group similar cases. The judges who are handling these cases have been instructed to ensure justice and are aware of the increasing risk of asbestos exposure.

According to a research study conducted recently, New York City is the nation's hub for asbestos litigation. asbestos lawyers victims have received billions of dollars in settlements and verdicts. Mesothelioma is a fatal cancer caused by exposure to harmful asbestos fibers. It is an uncommon, 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 well as compensating victims of mesothelioma or other asbestos-related illnesses. These lawsuits seek punitive damages awards that are in addition to compensatory damages. The lawsuits are designed to discourage the defendant from engaging in similar conduct in the future.

However the NYCAL decision provides defendants with a glimmer of hope in their battle to stay out 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 egregious that they should be forced to pay punitive damages to deter others from following suit.

With the ruling in favor plaintiffs, it is likely that many of the companies that were named as defendants will be reprimanded. This is because, even if they are dismissed, they'll have to spend money on legal fees to defend a case they did not merit to be involved in.