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New York Asbestos Litigation

New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma is a serious asbestos-related cancer with a long period of latency is the second most prevalent mesothelioma patient in the country in 2019.

Recent NYCAL decisions are expected to have a profound impact on the defense of asbestos lawsuits. These decisions could result in a significant number of summary judgment motions based on the asbestos defendant's tests for fiber/cc as well as expert reports that put any exposure that can be deemed respirable below an exposure threshold in the ambient.

Expert Testimony

New York asbestos attorneys rely heavily on the testimony of experts to back up their client's claims. Expert witness fees can be a a large percentage of the total cost of asbestos lawsuit litigation. Both sides can spend hundreds hours preparing to question an expert. Experts can charge thousands of dollars per day. Therefore, it is essential that litigants carefully study and evaluate potential experts in advance. In the absence of doing so, it could result in a failed 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 developed asbestos-related illnesses, including mesothelioma as well as lung cancer. Those who have suffered from these ailments can seek compensation from the companies who exposed them to asbestos.

Asbestos suits are common in New York and the judges are knowledgeable about the issue. The courts, for instance, expedite trials in cases of seriously ill plaintiffs and combine cases when needed to reduce trial costs. In addition courts frequently review their discovery procedures to ensure they are up-to-date and effective.

In one notable case, Brown v. Weitz & Luxenberg, the First Department held that conclusory cumulative exposure statements by plaintiffs' experts were insufficient to establish causation in an asbestos lawsuit case. The defendants appealed the decision, and the decision is expected to be made soon.

The court's decision is likely to have an impact on asbestos litigation throughout New York. The mesothelioma lawyers are currently bombarding television during the day with ads that encourage victims to file asbestos lawsuits, promising huge 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 earned by sending asbestos cases to their firm.

In addition to these legal developments, New Yorkers need to continue to be aware of the possibility of asbestos exposure in their work environments and communities. Asbestos-related lawsuits are increasing and New York is one of most prominent jurisdictions for mesothelioma verdicts.

Summary Judgment

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

Asbestos exposure is often the cause of serious diseases, such as mesothelioma as well as 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 the initial exposure. There are ways for workers to safeguard themselves from asbestos exposure and prevent future illnesses. A number of major changes have taken place in the asbestos litigation landscape in recent years. The most significant change occurred in 2015 when the political establishment was shaken to its core following the conviction on federal corruption charges of former Assembly Speaker Sheldon Silver. Silver's convictions for corruption stemmed from his shady work at the law firm Weitz & Luxenberg. He used this to earn millions of referral fees.

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 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 aftermath of the shake-up. His decisions have made it difficult for defendants to obtain the benefit of a summary judgement.

In Juni, the Court of Appeals dealt NYCAL a harsh dose of reality, rejecting the cumulative exposure theory that had become fashionable in the litigation, and insisting that plaintiffs prove specific causation through sufficient scientific expression by their experts. This decision gives New York asbestos attorneys a powerful tool to defend against claims that claim to be fraud or speculative.

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

Causation

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

This is a tough standard to meet, particularly in NYCAL where one judge is in charge of all NYC asbestos litigation. In the 16 years since the decision of Parker, New York courts have had a difficult time applying the principles of this case. In 2016, for example the First Department in Matter of NYC Asbestos Litigation (Juni) found that a plaintiff's evidence that he "regularly exposed" himself to asbestos-containing friction products was not sufficient under Nemeth to satisfy a specific causation.

Juni has placed a significant burden on defendants, and could oblige them to pay an amount lower than they are entitled. A mesothelioma lawyer from 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 jurisdiction for mesothelioma suits in 2019. It handled 6% of all asbestos litigation in the nation. As many as 13,000 people have been diagnosed with the disease in New York. The majority of those affected were contractors or employees who were exposed to asbestos when it was being used in industrial applications.

The signs of mesothelioma aren't usually evident until between 25 and 50 years after the first exposure. Many asbestos patients are fighting to get the compensation they require to cover medical expenses as well as lost wages and companionship loss, in addition to other damages.

While it is important to start a mesothelioma lawsuit in a timely manner but it is also essential to work with an experienced mesothelioma attorney who can help you obtain the maximum amount of financial compensation that you can. Contact a mesothelioma lawyer in NYC to set up a free appointment that is no-obligation. Your lawyer can assist you determine if you are eligible for financial compensation from an asbestos trust.

Damages

If you're suffering from mesothelioma or a similar asbestos-related condition, a successful lawsuit can help your family recover losses. Compensation may cover medical bills as well as lost wages due to inability to work, home care expenses, mental anguish and suffering loss of quality funeral and burial costs, as well as other costs. A seasoned New York mesothelioma attorney will look into the parties at fault and collect evidence to support your claims. After that, your lawyer will file a lawsuit in civil court before the state's statute of limitations expires.

The courts have dockets that are specially designed for asbestos cases in order to speed up the process. They speed up trials for terminally ill plaintiffs and group similar cases. In addition, the judges handling these cases are aware of the increased dangers associated with asbestos exposure and are trained to ensure that justice is served.

According to a study conducted recently, New York City is the national center for asbestos litigation. Asbestos victims have received billions of dollars in settlements and verdicts. Mesothelioma is a fatal cancer, is caused by 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.

In addition to remunerating the victims of mesothelioma and other asbestos-related diseases the lawsuits aim at punishing corporate wrongdoers. These lawsuits seek punitive damages awards in addition to compensatory damages. They are intended to discourage the defendant's behavior in the future and discourage others from taking part in a similar action.

The NYCAL decision gives defendants the chance to avoid 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 had to pay punitive damages to prevent others from following suit.

Now, with the ruling in favor of plaintiffs, companies named as defendants in NYCAL cases are likely to be dismissed in a large proportion of their cases. Even if they are dismissed, they would still have to pay legal fees to defend a case they didn't deserve to be in.