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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 likely to have a major impact on the defense of asbestos lawsuits. These decisions are likely to result in a large number of summary judgment motions based upon the asbestos defendant's tests for fiber/cc as well as expert reports that place any exposure that can be deemed respirable below an exposure threshold for ambient conditions.

Expert Testimony

New York asbestos lawyers rely heavily on expert witness testimony to prove their clients' claims. Asbestos litigation can be very expensive and expert witness costs represent a significant proportion of the total costs. Lawyers for both sides can spend hundreds of hours in preparation to question an expert, and experts can charge thousands of dollars per day. It is crucial that litigants examine and verify potential experts prior to contacting them. In the absence of doing so, it could result in a sham Daubert contest and a loss of cases.

New York has had a long industrial history. Many workers were exposed to asbestos. Many of these workers have developed asbestos-related diseases, such as mesothelioma and lung cancer. People who have been affected by these diseases can recover compensation from the companies who exposed them to asbestos.

Asbestos suits are quite common in New York and the judges are knowledgeable about the issue. The courts, for example speed up trials in cases of terminally ill plaintiffs and consolidate cases when necessary to reduce the cost of trial. In addition, courts regularly review their discovery procedures to make sure they are current and efficient.

In one notable case, Brown v. Weitz & Luxenberg in which the First Department held that conclusory cumulative exposure statements from plaintiffs' experts were insufficient to establish causation in an asbestos case. The defendants filed an appeal and a decision is expected in the near future.

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

In addition to these legal developments, New Yorkers should remain alert to asbestos exposure in their workplaces and communities. Asbestos lawsuits are on the increasing, and the state is one of the most sought-after jurisdictions for mesothelioma verdicts.

Summary Judgment

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

Asbestos exposure can cause serious diseases like mesothelioma or lung cancer. These illnesses are extremely serious and have a long latency period which means that patients may start feeling symptoms as recent as 20 or 25 years after their first exposure. There are ways for workers to protect themselves against asbestos exposure and avoid a recurrence of disease. Several major changes have occurred in the asbestos litigation scene in recent years. In 2015, the political establishment in New York was shook to its core by the conviction of Sheldon Silver on federal charges of corruption. Silver's convictions for corruption were a result of his covert employment at the law firm Weitz & Luxenberg. He made millions in referral fees.

The courtroom politics on the NYCAL docket have also shaken up the new Albany landscape. The longtime manager of the NYCAL docket, Justice Sherry Klein Heitler, was replaced in 2021 amid reports that she gave the "red-carpet treatment" to asbestos cases brought by Weitz & Luxenberg. Following this shakeup, 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 year 2003, the Court of Appeals dealt NYCAL a harsh dose of reality, rejecting the cumulative exposure theory that had become fashionable in the court case and calling for plaintiffs to establish specific causation through sufficient scientific evidence from their experts. This ruling gives New York asbestos attorneys a strong argument against claims that claim they are fraud or speculative.

In Reid v Abex the Court of Appeals supported asbestos defense lawyers in their efforts to compel plaintiffs to prove a causal connection between asbestos-related diseases and products to which they were exposed. This decision imposes on plaintiffs the obligation to prove that their condition was caused by the specific friction materials and linings that were supplied by the defendant, not general exposure to asbestos in the workplace.

Causation

The most significant challenge facing defendants in asbestos cases is the need to prove causation. The general consensus is that exposure to asbestos-containing materials can cause mesothelioma or other diseases. However the law requires that plaintiffs be able to prove specific exposure to certain products produced by certain defendants to be successful.

This is a challenging standard to meet, particularly in NYCAL, where a single judge manages the entire NYC asbestos litigation. In the 16 years that have passed since Parker, New York courts have struggled to apply the principles of the 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 friction products containing asbestos was not enough to satisfy the requirement of specific causality under Nemeth.

Juni has placed a significant burden on defendants and could oblige them to to settle their claims for less than they are entitled. An attorney for mesothelioma in NYC can explain the benefits of filing a lawsuit and the options for financial restitution if you're diagnosed with mesothelioma or any other asbestos-related illnesses.

New York State was the second most popular state for mesothelioma suits in 2019. It was the sole handler of 6% of all national asbestos litigation. It is estimated that as many as 13,000 people have been diagnosed with mesothelioma within the state. Most of the victims were contractors or employees who were exposed to asbestos as it was being used in industrial processes.

The symptoms of mesothelioma usually are not evident until the age of 25 to 50 after the initial exposure. Many asbestos patients are battling to obtain the compensation they require to pay for medical expenses as well as lost wages, loss of companionship, and other damages.

While it is crucial to start a mesothelioma lawsuit promptly but it is also essential to work with an experienced mesothelioma attorney who can help you obtain the maximum amount of financial restitution that is possible. Call a mesothelioma attorney in NYC to schedule a free, no-obligation appointment. Your lawyer can help determine if you're qualified to receive financial compensation from an asbestos trust.

Damages

If you're suffering from mesothelioma, or another asbestos-related disease A successful lawsuit can provide your family with compensation for their losses. Compensation could pay for medical bills, income loss from being unable, home care expenses as well as pain and suffering mental anguish, loss of quality of life as well as funeral and burial costs. An experienced New York asbestos lawyer will examine the parties responsible to collect evidence and support your claim. Your lawyer will then start a civil lawsuit before the statute of limitations expires in your state.

The courts are familiar with asbestos lawsuits, and have dockets specifically designed to speed up the process. They speed up trials for terminally ill plaintiffs, and also group similar cases. In addition, the judges handling these cases are aware of the heightened risk of asbestos exposure and are trained to ensure justice is served.

According to a study conducted recently, New York City is the nation's hub for asbestos litigation. Asbestos victims received billions in settlements and verdicts. Mesothelioma is a cancer that can be fatal that is caused by exposure to hazardous asbestos fibers. It is an uncommon, incurable cancer. However lawsuits filed against companies who exposed workers to asbestos fibers have resulted in compensation for victims.

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

The NYCAL decision gives defendants hope that they will stay clear of punitive damages. Previously, they had faced the prospect of massive judgments in these cases according to the popular belief that their conduct was so outrageous that they had to pay punitive damages in order to discourage others from following their lead.

With the ruling in favor of plaintiffs, it is likely that many of the companies named as defendants will be disqualified. Even if they are dismissed however, they will still need to pay legal fees to defend a case they didn't deserve to be involved in.