New York Asbestos Litigation

New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma is a very serious asbestos-related illness with a long period of latency is the second most common mesothelioma-related case in the United States in 2019.

Recent NYCAL decisions will have a significant impact on the defense of asbestos suits. These decisions are likely to result in extensive summary judgement motion practice focusing on the defendant's fiber/cc tests and expert reports that place any exposure that is deemed to be respirable below an exposure threshold for ambient conditions.

Expert Testimony

New York asbestos lawyers (click through the next web page) rely heavily on expert witness testimony to back their clients' claims. Asbestos litigation can be very expensive and expert witness costs account for a significant percentage of the total costs. Both sides could spend hundreds of hours in preparation to question an expert. Experts can charge thousands of dollar per day. It is therefore important that litigants research and vet possible experts in advance. In the absence of this, it could result in a failure of the 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 developed asbestos-related diseases, including mesothelioma, lung cancer, and so on. They may seek compensation from the companies who exposed them to asbestos.

Asbestos suits are quite common in New York and the judges are familiarized with the issues. The courts, for example, expedite trials for patients who are terminally ill and consolidate cases when necessary to reduce the cost of trial. Additionally the courts are regularly reviewing 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 statements on exposure cumulatively made by plaintiffs experts were not sufficient to establish causation in an asbestos case. The case was re-argued by defendants, and a ruling is expected in the near future.

The court's decision is expected to have a major impact on asbestos litigation in New York. At present, mesothelioma lawyer firms pepper daytime TV with commercials urging victims to file asbestos lawsuits, promising massive settlements. The niche litigation was especially lucrative for plaintiffs’ attorneys who paid millions of referral fees to Sheldon Silver. Silver was recently found guilty of federal corruption charges in relation to the millions he earned by directing asbestos cases to their firm.

In addition to these legal developments, New Yorkers must remain aware of the possibility of asbestos exposure in their work environments and communities. 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 attorney can assist you in receiving the compensation you deserve.

Asbestos exposure often leads to serious diseases, such as mesothelioma and cancer of the lung. These diseases are extremely serious, and they have a long period of latency. This means that the victims might not be developing symptoms until twenty or 25 years after their initial exposure. Fortunately, there are steps that workers can take to safeguard themselves from asbestos exposure and avoid future illnesses. In recent years the asbestos litigation landscape has seen major changes. The most significant change occurred in 2015 in which the New York political establishment was shaken to the foundation following the conviction on federal corruption charges against former Assembly Speaker Sheldon Silver. Silver's convictions for corruption stemmed from his secretly working 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 has also been shattered by the courtroom political machinations of the NYCAL docket. Justice Sherry Klein Heitler was removed as the long-time manager of NYCAL docket in 2021 following reports that she'd given the "red carpet treatment" to asbestos-related claims filed by Weitz & Luxenberg. Following this reshuffle, Justice Peter Moulton has taken charge of NYCAL. His rulings have made it more difficult for defendants to get summary judgment.

In Juni, the Court of Appeals gave NYCAL an ominous dose of reality by rejecting the theory of cumulative exposure that was a popular argument in the litigation. Instead, it demanded that plaintiffs establish a specific causation with sufficient scientific expression from their experts. This ruling gives New York asbestos defense attorneys a powerful tool to defend against allegations of speculative and fraudulent claims.

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 diseases and the products to which they were exposed. This decision imposes plaintiffs with the responsibility to prove that their illness was caused by the specific linings and friction materials which were supplied by the defendant, not general exposure to asbestos in the workplace.

Causation

The most significant challenge facing asbestos attorneys defendants is the need to prove that there is a causal link. The general consensus is that exposure to asbestos-containing substances can trigger mesothelioma and other diseases. However the law requires plaintiffs to demonstrate specific exposure to the products made by certain defendants for their claims to be successful.

This is a tough standard to meet, especially in NYCAL where a single judge oversees all NYC asbestos litigation. In the 16 years since Parker, New York courts have struggled to apply the principles from the case. In 2016, for example, the First Department in Matter of NYC Asbestos Litigation (Juni) found that a plaintiff's declaration that he "regularly exposed" himself to friction products containing asbestos was not sufficient under Nemeth to satisfy specific causation.

Juni has imposed a substantial burden on defendants in NYCAL and may force them to settle their claims for less than what they are entitled to. A mesothelioma attorney in NYC can explain the benefits of filing a lawsuit and the options for financial restitution if you are diagnosed with mesothelioma or other asbestos-related illnesses.

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

The signs of mesothelioma aren't typically apparent until between 25 and 50 years after exposure. Many asbestos sufferers are battling to obtain the compensation they need to pay for medical expenses and lost wages, as well as loss of companionship, and other damages.

It is essential to file your mesothelioma lawsuit in a timely manner, but it is also important to consult mesothelioma lawyers who can help you seek the highest amount of financial compensation. Contact a mesothelioma lawyer in NYC to schedule a free, no-obligation appointment. Your lawyer can assist you determine if you're qualified to receive financial compensation from an asbestos trust.

Damages

If you suffer from mesothelioma, or another asbestos-related disease, a successful lawsuit may provide your family with compensation for their losses. Compensation may cover medical bills, lost wages due to inability to work, home care expenses, mental stress and suffering, loss of quality, funeral and burial costs, as well as other costs. An experienced New York mesothelioma attorney will look into the parties at fault and collect evidence to support your claims. 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 specifically designed to simplify the process. They speed up trials for plaintiffs who are terminally ill and put similar cases together. The judges handling these cases have been instructed to ensure justice and are aware of the higher dangers associated with asbestos.

According to a recent study, New York City is the nation's hub for asbestos litigation. Asbestos-related victims have claimed billions of dollars in settlements and verdicts. Mesothelioma is a cancer that can be fatal caused by exposure to harmful asbestos fibers. It is a rare, incurable disease, however lawsuits filed against companies that exposed workers to asbestos cancer-causing chemical have led to compensation for victims for their suffering.

These lawsuits aim to penalize corporate wrongdoers as in compensating mesothelioma victims or other asbestos-related diseases. These lawsuits seek punitive damage awards, which are in addition to compensatory damages. The lawsuits are meant to discourage the defendant from repeating the same conduct in the future.

The NYCAL decision gives defendants hope that they can stay clear of punitive damages. They faced the prospect of huge judgments in the past, in the belief that their conduct had been so bad that they had to pay punitive damages to deter other people from following suit.

With the decision in favor of plaintiffs, it is expected that many of the businesses named as defendants will be disqualified. Even if they were dismissed, they would still have to pay legal fees to defend a case that they didn't deserve to be involved in.