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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 serious illness that has prolonged latency.

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

Expert Testimony

New York asbestos attorneys rely heavily on the testimony of expert witnesses to prove their clients' claims. Asbestos litigation can be very expensive, and expert witness fees account for a significant percentage of total case costs. Lawyers for both sides could spend hundreds of hours in preparation to confront an expert, while experts can charge thousands of dollars per day. This is why it is crucial for litigants to thoroughly examine and verify potential experts in advance. In the absence of this, it could result in a failed Daubert Challenge and lost 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 suffered asbestos-related illnesses, including mesothelioma and lung cancer. These workers can claim compensation from the companies who exposed them to asbestos.

Asbestos lawsuits are a regular event in New York, and judges are aware of the issues that arise. The courts, for example speed up trials in cases of terminally ill plaintiffs and consolidate cases when necessary to reduce trial costs. In addition, courts regularly review their discovery procedures to ensure that they are current and efficient.

In one notable case, Brown v. Weitz & Luxenberg, 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 appealed the case, and a decision is expected soon.

The court's decision is likely to have a profound impact on asbestos litigation in New York. At present, mesothelioma lawyer firms saturate the daytime with advertisements urging people to file asbestos lawsuits, promising massive settlements. The niche litigation was particularly lucrative for plaintiffs' lawyers who repaid millions of referral fees to Sheldon Silver. Silver was recently found guilty of federal corruption charges relating to the millions he made by the asbestos cases he directed to their firm.

In addition to these legal developments, New Yorkers should remain aware of the possibility of asbestos exposure at work and in their communities. Asbestos lawsuits are on the rise and New York is among the top jurisdictions for mesothelioma verdicts.

Summary Judgment

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

Asbestos exposure can cause serious illnesses like mesothelioma or lung cancer. These diseases are extremely serious, and they have a long time to develop. This means that patients may not have started experiencing symptoms until twenty or 25 years after their initial exposure. There are steps that workers can take to safeguard themselves from asbestos exposure and avoid a recurrence of 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 core by the conviction of Sheldon Silver on federal corruption charges. Silver's corruption convictions stemmed from his 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 has also been shattered by the courtroom political machinations of the NYCAL docket. The longtime manager of the NYCAL docket, Justice Sherry Klein Heitler, was replaced in 2021 amidst reports that she had given the "red-carpet treatment" to asbestos cases brought 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 dealt NYCAL with a brutal dose of truth, rejecting the cumulative exposure theory that had become fashionable in the litigation, and insisting that plaintiffs prove the causation of their claims with sufficient scientific explanation by their experts. This ruling gives New York asbestos attorneys a strong argument against claims that claim they are speculative or fraudulent.

In Reid in Reid Abex the Court of Appeals supported asbestos defense lawyers in their efforts to compel plaintiffs to prove a causal connection between asbestos lawyers-related diseases and products to which they were exposed. In this ruling plaintiffs must demonstrate that their asbestos-related condition was caused by specific friction materials or linings supplied by the defendant, rather than general exposure to asbestos in the workplace.

Causation

The most difficult challenge facing asbestos defendants is the need to prove causation. It is generally accepted that a person's exposure to certain asbestos-containing materials can cause mesothelioma and various other diseases, but the law requires plaintiffs to establish specific exposure to certain products made by particular defendants in order to be successful in their claims.

This is a tough standard to meet, especially in NYCAL where only one judge oversees all NYC asbestos litigation. In the 16 years that have passed since Parker, New York courts struggle to apply the rules of the case. In 2016, the First Department in Matter of NYC Asbestos Litigation, (Juni) decided the testimony of an expert that plaintiff "regularly" exposed himself to products for friction that contained asbestos was not enough to prove specific causality under Nemeth.

Juni has imposed a substantial burden on defendants in NYCAL and may make them 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 suits in the year 2019. It was the sole handler of about 6% of the asbestos litigation in the nation. It is estimated that up to 13,000 people have been diagnosed with mesothelioma within the state. The majority of patients were contractors or employees exposed to asbestos in industrial settings.

The signs of mesothelioma typically are not evident until the age of 25 to 50 years after the initial exposure. Many Asbestos Lawsuit patients are fighting to get the compensation they require to cover medical expenses as well as lost wages, loss of companionship, and other damages.

It is essential to file your mesothelioma suit promptly, but it is also vital to work with a mesothelioma lawyer who can assist you in seeking the most monetary restitution. Call a mesothelioma attorney in NYC to set up a free appointment, no-obligation. Your lawyer can help you determine your rights to financial restitution from an asbestos trust fund.

Damages

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

The courts are well-versed in asbestos lawsuits and have specialized dockets to help speed up the process. They accelerate trials for plaintiffs who are terminally ill and also group similar cases together. In addition, the judges handling these cases are aware of the higher dangers associated with 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 lawsuit victims have claimed 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 substance have helped compensate victims for their suffering.

These lawsuits aim to punish corporate wrongdoers as well as compensating victims of mesothelioma or other asbestos-related illnesses. These lawsuits seek punitive damage awards that are in addition to compensatory damages. They are intended to discourage the defendant's behavior in the future and discourage others from engaging in the same course of action.

The NYCAL decision gives defendants hope that they will avoid punitive damages. Previously, they had faced the possibility of huge judgments in these cases, according to the prevalent view that their conduct was so outrageous that they had to pay punitive damages to prevent others from committing the same crime.

Now, with the ruling in favor of plaintiffs, firms that are named as defendants in NYCAL cases could be dismissed in a significant percentage of their cases. Even if they were dismissed but they'd still have to pay legal fees to defend a case that they didn't have a right to be in.