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New York Asbestos Litigation

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

Recent NYCAL decisions are likely to have a profound impact on the defense of asbestos lawsuits. These decisions could result in a 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 attorneys rely heavily on the testimony of experts to back up their client's claims. Asbestos litigation can be extremely expensive and expert witness fees represent a significant proportion of total case costs. Both sides could spend hundreds of hours in preparation to question an expert. Experts can charge thousands of dollar per day. For this reason, it is essential for litigants to carefully research and vet potential experts prior to their appointment. Failure to do this could result in a sham Daubert contest and a loss of cases.

New York has had a long history of industrial activity. Many workers were exposed to asbestos. Many of these workers have developed asbestos-related diseases, such as mesothelioma or lung cancer. They can seek compensation from the businesses who exposed them to asbestos.

Asbestos suits are commonplace in New York and the judges are knowledgeable about the issue. For instance, courts speed up trials for terminally ill plaintiffs, and they often consolidate cases to reduce costs for trial. Additionally, courts regularly review their discovery procedures to make sure they are current and efficient.

In one case of note, Brown v. Weitz & Luxenberg in which the First Department held that conclusory cumulative exposure statements from plaintiffs' experts were insufficient to establish the causality in an asbestos class action litigation case. The defendants appealed the decision and the decision is expected to be made soon.

The court's decision is expected to impact asbestos litigation in New York. At present, mesothelioma lawyer firms pepper daytime TV with ads urging victims to bring asbestos lawsuits, promising giant settlements. The niche litigation was especially lucrative for plaintiffs' lawyers who paid millions in 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 remain vigilant about possible asbestos exposure in their workplaces and communities. Asbestos lawsuits are on increasing, and the state is one of the top jurisdictions for mesothelioma cases.

Summary Judgment

A New York asbestos attorney can help you receive the amount of compensation you are due.

Asbestos exposure can lead to serious diseases such as mesothelioma or lung cancer. These illnesses are extremely serious and have a long latency period, meaning that victims may start experiencing symptoms as recently as 20 or 25 years after their initial exposure. There are steps that workers can take to avoid asbestos exposure and a subsequent disease. 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 foundation by the conviction of Sheldon S. Silver on federal charges of corruption. Silver's corruption convictions stemmed from a secret moonlighting at the law firm of Weitz & Luxenberg, which was where he earned millions of dollars in referral fees for the firm.

The new Albany landscape is also impacted by the courtroom politics of the NYCAL docket. The long-time supervisor of the NYCAL docket, Justice Sherry Klein Heitler was replaced in 2021 following reports that she had given the "red-carpet treatment" to asbestos litigation group cases brought by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the wake of this shake-up. His rulings have placed a significant burden on defendants, making it virtually impossible for them to get summary judgment.

In Juni the year 2003, the Court of Appeals gave NYCAL an ominous dose of reality, rejecting the theory of cumulative exposure that was prevalent in the litigation. Instead it demanded plaintiffs prove causation with sufficient scientific expression from their experts. This decision gives New York asbestos defense attorneys the ability to defend against claims of fraudulent and speculative claims.

In Reid In Reid Abex the Court of Appeals supported asbestos defense attorneys in their efforts to require plaintiffs to prove a causal link between asbestos-related diseases and products to which they were exposed. The decision imposes on plaintiffs the obligation to establish that their disease was caused by 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 consensus is that exposure to asbestos-containing substances can trigger mesothelioma and other illnesses. However the law requires that plaintiffs demonstrate specific exposure to the products made by certain defendants in order to be successful.

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

Juni has placed a significant burden on defendants in NYCAL and may oblige them to settle their claims for less than what they are entitled to. A mesothelioma lawyer in NYC can explain the benefits of filing a lawsuit as well as your options for restitution financial if you're diagnosed with mesothelioma or fen.gku.an.gx.r.ku.ai8...u.k any other latest asbestos litigation-related diseases.

New York State was the second-most popular jurisdiction for mesothelioma suits in 2019. It was the sole handler of 6percent of all asbestos litigation across the country. It is estimated that as many as 13,000 people have been diagnosed with mesothelioma within the state. Most of the victims were workers or contractors exposed to asbestos in industrial settings.

The signs of mesothelioma typically are not evident until the age of 25 to 50 years after initial exposure. Many asbestos victims are fighting to get the compensation they require for medical expenses loss of wages, companionship loss, in addition to other damages.

While it is crucial to start a mesothelioma lawsuit promptly however, it is equally important to work with an experienced mesothelioma lawyer who will help you obtain the maximum financial restitution possible. Contact a mesothelioma attorney in NYC today to set up a free, no-obligation consultation. Your attorney will be able to discuss your eligibility for financial restitution from an asbestos class action litigation trust fund.

Damages

If you're suffering from mesothelioma or another asbestos-related disease, a successful lawsuit can pay for the losses of your family. Compensation could cover your medical expenses, lost income from being unable to work, home care expenses as well as pain and suffering mental anxiety, loss of quality of life, and funeral and burial expenses. A seasoned New York asbestos lawyer will investigate the responsible parties to gather evidence and support your claim. Your lawyer can 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 also group similar cases. Judges who handle these cases have been trained to ensure justice and are aware of the increasing dangers associated with asbestos class action litigation.

According to a study that was 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 a rare, incurable disease, but lawsuits against companies that exposed workers to asbestos cancer-causing chemical have led to compensation for victims for their suffering.

These lawsuits seek to penalize corporate wrongdoers as in compensating mesothelioma victims or other asbestos-related illnesses. These lawsuits seek punitive damages awards that are in addition to compensatory damages. The intent of the lawsuits is to discourage the defendant from engaging in similar behavior in the future.

However the NYCAL decision provides defendants with an opportunity to win their struggle to stay out of punitive damages. Prior to this, they been facing the prospect of huge judgments in these cases according to the prevalent view that their conduct was so indefensible that they had to pay punitive damages to prevent others from following suit.

With the decision in favor of plaintiffs, companies that are named as defendants in NYCAL cases are likely to be dismissed in a significant portion of their cases. This is because even if they're dismissed, they will still be required to pay legal fees to defend a case they did not merit to be involved in.