Notes

20 Quotes That Will Help You Understand Asbestos Litigation
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 will have a profound impact on the defense of asbestos lawsuits. These decisions will likely result in extensive summary judgement motions focusing on the defendant's fiber/cc test and expert reports putting any respirable exposure below an ambient exposure threshold.

Expert Testimony

New York asbestos lawyers rely heavily on expert witness testimony to back their clients' claims. Asbestos litigation can be extremely expensive and expert witness fees account for a significant percentage of the total cost. Both sides can spend hundreds hours in preparation to question an expert. Experts can charge thousands of dollar per day. Therefore, it is essential that litigants research and vet possible experts prior to contacting them. Failure to do this can result in a failure of the Daubert Challenge and lost cases.

New York has had a long history of industrialization. Many workers were exposed to asbestos. Many of these workers have developed asbestos-related illnesses, such as mesothelioma as well as lung cancer. People who have suffered from these conditions are entitled to compensation from companies that exposed them to asbestos.

Asbestos lawsuits are an everyday in New York, and judges are familiar with the issues that arise. For asbestos litigation trends , the courts speed up trials for terminally patients, and often consolidate cases to lower trial expenses. The courts also periodically review their discovery process to ensure that they are efficient and current.

In a notable case, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements of plaintiffs' experts were not sufficient to establish causation. 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. There are currently mesothelioma-specific law firms fill the air with advertisements urging people to bring asbestos lawsuits, promising huge settlements. The niche litigation was especially lucrative for plaintiffs’ attorneys who paid millions in referral fees to Sheldon Silver. Silver was recently found guilty of federal corruption charges relating to the millions he made by directing asbestos cases to their firm.

New Yorkers should continue to be aware in their workplaces and communities to avoid asbestos exposure. Asbestos lawsuits are on increasing, and New York is among the most sought-after jurisdictions for mesothelioma verdicts.

Summary Judgment

A New York asbestos lawyer can help you obtain the compensation you're due.

Asbestos exposure can lead to serious diseases like mesothelioma or lung cancer. These diseases are extremely serious and have a long period of latency. This means that patients may not have started suffering from symptoms until 20 or 25 years following the initial exposure. Fortunately, there are ways for workers to safeguard themselves from asbestos exposure and avoid a recurrence of illness. In recent years the asbestos litigation scene has undergone several significant changes. In 2015 the political establishment in New York was shook to its core by Sheldon Silver's conviction on federal charges of corruption. Silver's convictions for corruption stemmed from his secret moonlighting at the law firm of Weitz & Luxenberg, which employed him to earn millions of dollars in referral fees for the firm.

The new Albany landscape is also impacted by the courtroom political machinations of the NYCAL docket. The long-time head of the NYCAL docket, Justice Sherry Klein Heitler was replaced in 2021 amidst reports that she provided the "red-carpet treatment" to asbestos cases filed by Weitz & Luxenberg. Following this shakeup, Justice Peter Moulton has taken charge of NYCAL. His rulings have made it difficult for defendants to obtain summary judgement.

In Juni, the Court of Appeals gave NYCAL a hard dose of reality by rejecting the cumulative exposure theory that was prevalent in the litigation. Instead it required that plaintiffs establish specific causality with enough scientific evidence from their experts. This ruling provides New York asbestos attorneys a powerful tool to defend against claims that claim they are fraud or speculative.

In Reid in Reid Abex the Court of Appeals supported asbestos defense attorneys in their efforts to force plaintiffs to establish a causal connection between asbestos-related illnesses and the products to which they were exposed. In this case, plaintiffs are required to demonstrate that their asbestos-related condition was caused by specific friction materials or linings offered by the defendant rather than 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 materials can trigger mesothelioma and other illnesses. However the law requires plaintiffs to be able to prove specific exposure to certain products made by certain defendants in order for their claims to be successful.

This is a difficult standard to meet, especially in NYCAL where one judge is in charge of all NYC asbestos litigation. In the 16 years that have passed since Parker, New York courts struggle to apply the principles of the case. In 2016, the First Department in Matter of NYC Asbestos Litigation, (Juni), ruled that an expert's testimony that plaintiff "regularly" exposed himself to friction products containing asbestos was not enough to establish the requirement of specific causality under Nemeth.

Juni has put a huge burden on defendants in NYCAL and could force them to settle their claims for less than what they are entitled to. A mesothelioma lawyer in NYC will explain the benefits of filing a suit and your options for restitution in the event that you are diagnosed with mesothelioma or other asbestos-related diseases.

New York state was the second most popular state for mesothelioma-related lawsuits in 2019, and it handles 6percent of all asbestos litigation. Up to 13,000 people have been diagnosed with the disease in New York. Most of the victims were contractors or employees exposed to asbestos in industrial applications.

The symptoms of mesothelioma don't typically apparent until 25 to 50 years after the first exposure. Many asbestos victims are fighting to get the compensation they need for medical expenses, lost wages and companionship loss, among other damages.


While it is crucial to file a mesothelioma lawsuit in a timely manner however, it is equally important to partner with a seasoned mesothelioma lawyer who will help you obtain the maximum financial restitution possible. Contact a mesothelioma lawyer in NYC today to schedule a free no-obligation consultation. Your lawyer can help you determine your rights to financial compensation from an asbestos trust fund.

Damages

If you have mesothelioma, or any other asbestos-related illness, a successful lawsuit can pay for the losses of your family. Compensation may cover medical bills as well as lost wages due to inability to work, home care expenses, mental stress and suffering loss of quality, funeral and burial costs, and other costs. 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 familiar with asbestos lawsuits, and have dockets that are specifically designed to speed up the process. They speed up trials for terminally ill plaintiffs, and also group similar cases. In addition the judges who handle these cases are aware of the higher risk of asbestos exposure and are trained to ensure justice is served.

According to a study that was conducted recently, New York City is the main hub in the country for asbestos litigation. Asbestos-related victims have claimed billions of dollars in settlements and verdicts. Mesothelioma is a deadly cancer that is caused by exposure to hazardous asbestos fibers. It is a rare, incurable disease, but lawsuits against companies that exposed workers to asbestos cancer-causing substance have aided in compensating victims for their suffering.

In addition to compensating the victims of mesothelioma as well as other asbestos-related illnesses the lawsuits aim at punishing corporate wrongdoers. These lawsuits seek punitive damages awards that are in addition to compensatory damages. The lawsuits are designed to deter the defendant from engaging in similar conduct in the future.

However, the NYCAL decision offers defendants the chance to have a shot of hope in their struggle to stay out of punitive damages. They had the possibility of massive judgments in the past, with the theory that their conduct had been so bad that they should pay punitive damages to deter other people from committing the same offense.

With the decision in favor of plaintiffs, businesses named as defendants in NYCAL cases can expect to be dismissed in a significant percentage of their cases. This is because even if they're dismissed, they'll have to spend money on legal fees to defend a case that they did not deserve to be involved in.

My Website: https://www.asbestoslitigation.top/