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New York asbestos lawsuit Litigation

New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma is an asbestos attorney-related serious illness that has long latency times.

Recent NYCAL decisions are likely to have a major impact on the defense of asbestos lawsuit lawsuits. These decisions will likely result in a large number of summary judgment motions based upon the test results of the defendant's fiber/cc and expert reports that put any respirable exposure under an exposure threshold for ambient conditions.

Expert Testimony

New York asbestos lawyers rely heavily on expert witness testimony to support their clients' claims. Asbestos litigation is expensive and expert witness fees make up a significant portion of total case costs. Both sides can spend hundreds hours preparing to question an expert. Experts can charge thousands of dollars per day. Therefore, it is important for litigants to carefully research and vet potential experts in advance. In the absence of doing so, it could result in a sham Daubert contest and a loss of cases.

New York has a rich industrial past, and a lot of workers have been exposed to asbestos that is toxic. Many of these workers have been diagnosed with asbestos-related illnesses, such as mesothelioma and cancer of the lung. Those who have suffered from these ailments are entitled to compensation from companies who exposed them to asbestos.

Asbestos lawsuits are a regular in New York, and judges are well-versed in the issues that arise. For instance, courts expedite trials for terminally ill plaintiffs, and they often consolidate cases to reduce the cost of trial. The courts also regularly examine their discovery procedures to ensure that it is effective and up-to date.

In a case that is notable, Brown v. Weitz & Luxenberg in which the First Department held that conclusory statements on exposure cumulatively made by the plaintiffs' experts were insufficient to establish the causality in an asbestos case. The defendants filed an appeal, and a decision is expected soon.

The court's decision is likely to impact asbestos litigation across New York. At present, mesothelioma lawyer firms pepper daytime TV with ads urging victims to file asbestos lawsuits, promising massive settlements. The niche litigation has been particularly lucrative for plaintiffs' attorneys who have repaid 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.

New Yorkers should be vigilant at work and in their communities regarding asbestos exposure. Asbestos lawsuits are on the increase and the state is one of the most sought-after jurisdictions for mesothelioma verdicts.

Summary Judgment

A New York asbestos lawyer can help you obtain the compensation you deserve.

Asbestos exposure can lead to serious diseases like mesothelioma and lung cancer. These diseases are aggressive and have a long latency period which means that the victims could only have begun experiencing symptoms as recently as 20 or 25 years after their initial exposure. There are ways for workers to safeguard themselves from asbestos exposure and avoid future illnesses. Several major changes have occurred in the asbestos litigation environment in recent years. In 2015 the political establishment of New York was shook to its core by the conviction of Sheldon Silver on federal corruption charges. Silver's corruption convictions stemmed from a 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 the new Albany landscape. The long-time head of the NYCAL docket, Justice Sherry Klein Heitler was replaced in 2021 amid reports that she gave the "red-carpet treatment" to asbestos cases filed by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the following shake-up. His rulings have placed a significant burden on defendants, making it virtually impossible for them to obtain summary judgment.

In Juni, the Court of Appeals gave NYCAL an ominous dose of reality by rejecting the theory of cumulative exposure that was prevalent in the litigation. Instead, it demanded that plaintiffs establish specific causation with sufficient scientific expression from their experts. This ruling provides New York asbestos attorneys a strong argument against claims that claim to be fraud or speculative.

In Reid v. 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 disease and the specific products they were exposed to. This decision places plaintiffs with the obligation to prove that their condition was caused by specific linings and friction materials that were supplied by the defendant, not general exposure to asbestos in the workplace.

Causation

The defendants will need to prove that asbestos contributed to the disease. The general consensus is that exposure to asbestos-containing materials can cause mesothelioma or other illnesses. However the law requires that plaintiffs be able to prove specific exposure to certain products produced by certain defendants for their claims to be considered valid.

This is a tough standard to meet, particularly in NYCAL, where a single judge is responsible for the entire NYC asbestos litigation. In the 16 years since Parker, New York courts have struggled to apply the principles of that case. In 2016 the First Department in Matter of NYC Asbestos Litigation, (Juni), ruled the testimony of an expert that a plaintiff "regularly" exposed himself to friction products that contained asbestos was not enough to satisfy specific causality under Nemeth.

Juni has placed a heavy burden on defendants and could force them pay less than what they are entitled to. A mesothelioma lawyer in NYC will explain the benefits of filing a lawsuit and the options for financial restitution if you're diagnosed with mesothelioma or other asbestos-related illnesses.

New York State was the second most popular mesothelioma-related jurisdiction suits in 2019. It was the sole handler of about 6% of the asbestos litigation across the country. It is estimated that up to 13,000 people have been diagnosed with mesothelioma in the state. Most of the victims have been workers or contractors who were exposed to asbestos as it was being used in industrial processes.

The symptoms of mesothelioma usually don't manifest until between 25 to 50 years after the initial exposure. Many asbestos patients are battling to obtain the compensation they need to cover medical expenses and lost wages, as well as loss of companionship, and other damages.

It is important to file your mesothelioma lawsuit in a timely manner, but it is also essential to work with an attorney for mesothelioma who can assist you in seeking the highest amount of financial compensation. Contact a mesothelioma attorney in NYC today to schedule your free, no-obligation consultation. Your lawyer can help you determine your rights to financial restitution from an asbestos trust fund.

Damages

If you have mesothelioma, or any other asbestos-related illness A successful lawsuit could help your family recover losses. Compensation could cover medical expenses and lost wages resulting from inability to work, home care expenses, mental stress and suffering loss of quality, funeral and burial costs, and other expenses. An experienced New York mesothelioma attorney will look into the parties at fault and gather evidence to back your claims. Your lawyer will then file a civil lawsuit before the statute of limitations runs out in your state.

The courts are well-versed in asbestos lawsuits and have dockets that are specifically designed to streamline the process. They expedite trials for terminally-ill plaintiffs and group similar cases. In addition the judges who decide these cases are aware of the heightened risk of asbestos exposure and are trained to ensure that justice is served.

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, a deadly cancer is caused by asbestos fibers. It is an uncommon, incurable cancer. However, lawsuits filed against companies that exposed workers to asbestos fibers have led to compensation for victims.

In addition to remunerating the victims of mesothelioma and other asbestos-related illnesses the lawsuits aim at punishing corporate wrongdoers. The lawsuits seek punitive damages, which are granted in addition to compensatory damages. They are designed to discourage the defendant's behavior in the future and discourage others from participating in a similar course of action.

The NYCAL decision gives defendants hope that they can stay clear of punitive damages. They had the possibility of huge judgments in the past on the basis that their conduct was so bad that they had to pay punitive damage awards to discourage others from following suit.

Now, with the ruling in favor of plaintiffs, businesses that are named as defendants in NYCAL cases are likely to be dismissed in a large portion of their cases. This is because even if they get dismissed, they will still be required to pay legal fees to defend a case they did not merit to be involved in.