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15 Latest Trends And Trends In 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 long latency times.

Recent NYCAL decisions are expected to have a profound impact on the defense of asbestos lawsuits. These decisions will likely result in a large number of summary judgment motions based on the test results of the defendant's fiber/cc and expert reports that put any respirable exposure under an ambient exposure threshold.

Expert Testimony

New York asbestos lawyers rely heavily on expert witness testimony to support their clients' claims. Expert witness fees can be a significant proportion of total costs involved in asbestos litigation. Both sides could spend hundreds of hours preparing to question an expert. Experts can charge thousands of dollar per day. It is crucial that litigants carefully examine and verify potential experts prior to interviewing them. In the absence of this, it could result in a failed Daubert Challenge and losing cases.

New York has had a long history of industrialization. Many workers were exposed to asbestos. Many of these workers have been diagnosed with asbestos-related diseases, such as mesothelioma and lung cancer. They may claim compensation from the companies who exposed them to asbestos.

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

In a case that is notable, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements made by plaintiffs' experts did not prove causation. The case was then appealed by defendants, and a decision is expected to be issued soon.

The court's decision is likely to have a major impact on asbestos litigation in New York. The mesothelioma lawyers are currently bombarding daytime television with commercials which urge victims to file asbestos lawsuits, promising huge settlements. The niche litigation has proven particularly lucrative for plaintiffs' attorneys who have paid millions of dollars in referral fees to former Assembly Speaker Sheldon Silver, who was recently found guilty of federal corruption charges that relate to the millions of dollars he earned by directing asbestos cases to his 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 have been increasing and New York is one of the top jurisdictions for mesothelioma cases.

Summary Judgment

A New York asbestos attorney can assist you in receiving the compensation that you deserve.

Asbestos exposure can cause serious illnesses like mesothelioma or lung cancer. These diseases are aggressive, and they have a long time to develop. This means that victims may not have started experiencing symptoms until 20 or 25 years following the initial exposure. There are steps workers can take to avoid asbestos exposure and future illness. Several major changes have occurred in the asbestos litigation landscape in recent years. In 2015 the political establishment of New York was shook to its foundation by the conviction of Sheldon S. Silver for federal corruption charges. Silver's corruption convictions stemmed from his secretly working 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 supervisor of the NYCAL docket, Justice Sherry Klein Heitler was sacked in 2021 amidst reports that she had given the "red-carpet treatment" to asbestos cases filed by Weitz & Luxenberg. In the aftermath of this reshuffle, Justice Peter Moulton has taken the reigns of NYCAL. His decisions have placed a significant burden on defendants, making it almost impossible for them to get summary judgment.

In Juni, the Court of Appeals dealt NYCAL with a brutal dose of reality, 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 decision provides 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 connection between asbestos-related illnesses and the products to which they were exposed. The decision imposes on plaintiffs the obligation to prove that their condition was caused by the specific friction materials and linings which were supplied by the defendant, and not general exposure to asbestos in the workplace.

Causation

The most significant challenge facing asbestos defendants is the need to prove causation. It is generally accepted that a person's exposure to asbestos-containing materials is a cause of mesothelioma and other illnesses, but the law requires plaintiffs to prove specific exposure to products manufactured by particular defendants to be successful in their claims.

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 Parker, New York courts have been unable to apply the principles outlined in 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 that contained asbestos was not enough to satisfy the requirements of causality specific to Nemeth.

Juni has imposed a substantial burden on defendants in NYCAL and could 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 suit and the options for financial restitution if you're diagnosed with mesothelioma or other asbestos-related illnesses.

New York state was the second most popular state for mesothelioma lawsuits in the year 2019 and is responsible for 6% of national asbestos litigation. As many as 13,000 people have been diagnosed with the disease in New York. Most of the victims were contractors or workers exposed to asbestos in industrial applications.

The symptoms of mesothelioma don't typically evident until between 25 and 50 years after exposure. Many asbestos sufferers are fighting for the compensation they need to pay for medical expenses as well as lost wages, loss of companionship and other losses.

While it is crucial to file a mesothelioma lawsuit promptly but it is also essential to partner with a seasoned mesothelioma lawyer who will help you pursue the maximum financial restitution possible. Call a mesothelioma attorney in NYC to set up a free appointment, no-obligation. Your attorney can discuss your rights to financial compensation from an asbestos trust fund.

Damages

If you're suffering from mesothelioma or another asbestos-related disease, a successful lawsuit could compensate your family for your losses. Compensation can cover medical bills, lost wages due to inability to work, home-care expenses, mental anguish and suffering, loss of quality funeral and burial costs, and other costs. A seasoned New York asbestos lawyer will look into the responsible parties to collect evidence and support your claim. After that, your lawyer will file a lawsuit in civil court before the state's statute of limitations expires.

asbestos class action litigation are well-versed in asbestos lawsuits and have dockets specifically designed to simplify the process. They expedite trials for terminally-ill plaintiffs, and also group similar cases. In addition the judges who decide these cases are aware of the heightened risk of asbestos exposure and are trained to ensure that justice is served.

According to a study conducted recently, New York City is the nation's hub for asbestos litigation. Asbestos victims have received billions of dollars in settlements and verdicts. Mesothelioma is a cancer that can be fatal caused by exposure to dangerous asbestos fibers. It is a rare, incurable cancer. However, lawsuits filed against companies who exposed workers to asbestos fibers have helped compensate victims.


In addition to compensating the victims of mesothelioma as well as other asbestos-related diseases, these lawsuits are aimed at securing the retribution of corporate wrongdoers. The lawsuits seek punitive damages, which are awarded in addition to compensatory damages. They are intended to discourage the defendant's behavior in the future and deter others from participating in the same course of action.

However the NYCAL decision offers defendants the chance to have a shot of hope in their struggle to stay clear of punitive damages. They faced the prospect of huge judgments in the past, with the theory that their conduct was so egregious, that they would have to pay damages for punitive harm to deter other people from following their example.

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

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