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20 Trailblazers Are Leading The Way 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 will have a profound effect on the defense of asbestos lawsuits. These decisions could result in extensive summary judgment motion practice focused on the defendant's fiber/cc test and expert reports placing any exposure that is deemed to be respirable below an ambient exposure threshold.

Expert Testimony

New York asbestos attorneys rely heavily on the testimony of expert witnesses to support their client's claims. Expert witness fees can be a a large percentage of the total cost of asbestos litigation. 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 important for litigants to thoroughly research and vet potential experts prior to their appointment. In the absence of this, it could result in a failure of the Daubert Challenge or losing cases.

New York has a rich industrial past, and many workers have been exposed to asbestos, which is toxic. Many of these workers developed asbestos-related diseases, including mesothelioma and lung cancer. They can seek compensation from the companies who exposed them to asbestos.

Asbestos lawsuits are an everyday event in New York, and judges are aware of the issues involved. The courts, for example speed up trials in cases of terminally ill plaintiffs and consolidate cases when necessary to cut down on trial costs. The courts also review their discovery procedure to ensure that they are efficient and current.

In a landmark case, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements made by plaintiffs' experts were not sufficient to establish causation. The defendants filed an appeal, and a decision is expected soon.

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 ads urging victims to make asbestos lawsuits and promise giant settlements. The niche litigation was particularly lucrative for plaintiffs' attorneys who paid millions in referral fees to Sheldon Silver. Silver was recently convicted of federal corruption charges related to the millions he earned by the asbestos cases he directed to their firm.

In addition to these legal developments, New Yorkers must continue to be vigilant about possible asbestos exposure in their workplaces and communities. Asbestos-related lawsuits are on the increase and the state is one of the top jurisdictions for mesothelioma cases.

Summary Judgment

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

Asbestos exposure often leads to serious diseases, including mesothelioma and lung cancer. These diseases are aggressive and have a long latency period which means that the victims could be suffering from symptoms as recently as 20 or 25 years after their first exposure. Fortunately, there are ways for workers to protect themselves against asbestos exposure and prevent future illnesses. In recent years the asbestos litigation landscape has seen a number of significant changes. The most significant change came in 2015, when New York's political establishment was shaken to the core following the conviction on federal corruption charges brought against the former Assembly Speaker Sheldon Silver. Silver's convictions for corruption were a result of his covert employment at the law firm Weitz & Luxenberg. He utilized this to earn millions of referral fees.

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 sacked in 2021 amid reports that she provided the "red-carpet treatment" to asbestos cases brought by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the aftermath of the shake-up. His rulings have made it more difficult for defendants to obtain summary judgment.

In Juni the year 2003, the Court of Appeals dealt NYCAL with a savage dose of reality, rejecting the cumulative exposure theory that was popular in the litigation and insisting that plaintiffs prove specific causation through sufficient scientific evidence from their experts. This decision gives New York asbestos defense attorneys an effective tool to defend against claims of fraudulent and speculative claims.

In Reid in Reid Abex the Court of Appeals supported asbestos defense lawyers in their efforts to require plaintiffs to prove a causal link between asbestos-related diseases and products to which they were exposed. In this ruling, plaintiffs are required to prove that their asbestos-related illness was caused by specific friction materials or linings offered by the defendant, not general exposure to asbestos in the workplace.

Causation

The biggest challenge for defendants in asbestos cases is the need to prove that there is a causal link. It is generally accepted that a person's exposure to asbestos-containing substances can cause mesothelioma, among other illnesses, but the law requires plaintiffs to prove the specific exposure to products produced by specific defendants in order to be successful in their claims.

This is a challenging standard to meet, especially in NYCAL where a single judge manages the entire NYC asbestos litigation. In the 16 years since the decision of Parker, New York courts have been unable to apply the principles of this case. In 2016 the First Department in Matter of NYC Asbestos Litigation, (Juni) ruling that an expert's evidence that plaintiff "regularly" exposed himself to products for friction that contained asbestos was not sufficient to satisfy specific causality under Nemeth.

Juni has put a huge burden on defendants in NYCAL and could make them settle their claims at a lower amount than they are entitled to. A mesothelioma lawyer from NYC can explain the advantages of filing suit and your options to receive financial compensation if you have been diagnosed with mesothelioma.

New York State was the second most popular state for mesothelioma suits in the year 2019. It was the sole handler of 6percent of all asbestos litigation in the nation. It is estimated that around 13,000 patients have been diagnosed with mesothelioma in the state. The majority of the victims were contractors or employees who were exposed to asbestos as it was used in industrial processes.

The symptoms of mesothelioma usually don't manifest until between 25 to 50 years after initial exposure. Many asbestos victims are fighting to get the compensation they require for medical expenses as well as lost wages and companionship loss, among other damages.

While it is essential to make a mesothelioma claim in a timely manner, it is also crucial to work with an experienced mesothelioma lawyer who can assist you in obtaining the highest amount of financial compensation that you can. Contact a mesothelioma attorney from NYC to schedule a free appointment that is no-obligation. Your lawyer can assist you determine if you are qualified for financial compensation from an asbestos trust.

Damages

If you're suffering from mesothelioma or another asbestos-related illness, a successful lawsuit could compensate your family for your losses. Compensation may cover medical bills and lost wages resulting from inability to work, home-care expenses, mental anguish and suffering loss of quality funeral and burial costs, as well as other costs. An experienced New York asbestos lawyer will examine the parties responsible to collect evidence and support your claim. Tampa asbestos lawyers You Tube can then bring a civil suit before the statute of limitations runs out in your state.

The courts have specialized dockets for asbestos cases to streamline the process. They speed up trials for plaintiffs who are terminally ill and put similar cases together. Additionally the judges who handle these cases are aware of the increased risks associated with asbestos exposure and are trained to ensure that justice is done.


According to a study conducted recently, New York City is the national center for asbestos litigation. Asbestos victims received billions in settlements and verdicts. Mesothelioma is a deadly form of cancer, is caused by asbestos fibers. It is a rare, incurable type of cancer. However lawsuits brought against companies who exposed workers to asbestos fibers have led to compensation for victims.

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 in addition to compensatory damages. The lawsuits are meant to discourage the defendant from engaging in similar conduct in the future.

The NYCAL decision gives defendants the chance to stay clear of punitive damages. They faced the prospect of large judgments in the past, in the belief that their conduct was so bad that they would have to pay damages for punitive harm to discourage others from following their example.

With the decision in favor of plaintiffs, firms that are 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 they didn't deserve to be involved in.

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