Notes

Ten Things You Learned In Kindergarden That Will Help You With Asbestos Litigation
New York Asbestos Litigation

New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma is a serious asbestos-related illness with long latency times.

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


Expert Testimony

New York asbestos lawyers rely heavily on expert witness testimony to prove their clients their claims. Expert witness fees can be a a large percentage of the total cost of asbestos litigation. Both sides can devote hundreds of hours preparing to question an expert. Experts can charge thousands of dollars per day. It is crucial that litigants examine and verify potential experts in advance. Failure to do this can result in a failure of the Daubert Challenge and lost cases.

New York has had a long industrial history. Many workers were exposed to asbestos. Many of these workers have developed asbestos-related illnesses, including mesothelioma as well as lung cancer. Those who have been affected by these diseases are entitled to compensation from companies who exposed them to asbestos.

Asbestos lawsuits are a common event in New York, and judges are aware of the issues that arise. For instance, the courts speed up trials for terminally patients, and often combine cases to cut down on costs for trial. In addition the courts are regularly reviewing their discovery procedures to ensure they are current and efficient.

In a notable case, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements made by plaintiffs' experts did not prove causality. The defendants appealed the decision, and a decision is expected in the near future.

The court's ruling is expected to impact asbestos litigation across New York. The mesothelioma lawyers are bombarding television during the day with ads which encourage asbestos victims to file lawsuits, promising huge settlements. The niche litigation was especially lucrative for plaintiffs' lawyers 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 sending asbestos cases to their firm.

New Yorkers should continue to be vigilant at work, and communities about asbestos exposure. Asbestos lawsuits are on the increase and New York is among 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 could lead to serious diseases such as mesothelioma or lung cancer. These diseases are aggressive, and they have a long latency time. This means that the victims may not have started suffering from symptoms until twenty or 25 years after their first exposure. There are steps that workers can take to safeguard themselves from asbestos exposure and avoid future illnesses. There have been a number of significant changes in the asbestos litigation environment in recent years. The most significant change came in 2015 when the political establishment was shaken to the core by the conviction on federal corruption charges brought against former Assembly Speaker Sheldon Silver. Silver's convictions for corruption stemmed from his shady employment at the law firm Weitz & Luxenberg. He utilized this to earn millions in referral fees.

The new Albany landscape has also been shaken by the courtroom political machinations of the NYCAL docket. Justice Sherry Klein Heitler was replaced as the longtime manager of the NYCAL docket in 2021 amidst reports that she had provided the "red carpet treatment" to asbestos claims filed 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 gave NYCAL a hard dose of reality, rejecting the theory of cumulative exposure that was prevalent in the litigation. Instead it demanded that plaintiffs establish specific causation with sufficient scientific expression from their experts. This ruling gives 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 also gave asbestos defense attorneys a boost in their efforts to require plaintiffs to establish a specific causal link between their asbestos-related disease and the particular products that they were exposed to. 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, rather than general workplace exposure to asbestos.

Causation

The defendants will have to prove that asbestos contributed to the disease. It is generally accepted that exposure to asbestos-containing substances can cause mesothelioma and other diseases, however, the law requires plaintiffs to prove specific exposure to products manufactured 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 that have passed since Parker, New York courts struggle to apply the principles of the case. In 2016, for instance, 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 establish a specific causality.

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

New York state was the second most popular jurisdiction for mesothelioma lawsuits in the year 2019, and it handles 6percent of all asbestos litigation. Up to 13,000 people are estimated to have been diagnosed with the disease in New York. The majority of victims were contractors or workers exposed to asbestos in industrial settings.

Symptoms of mesothelioma are not typically evident until between 25 and 50 years after exposure. Many asbestos victims are fighting to receive the compensation they require to cover medical expenses as well as lost wages and companionship loss, in addition to other damages.

It is essential to file your mesothelioma suit in a timely manner however, it is important to consult a mesothelioma lawyer who can assist you in obtaining the most monetary restitution. Contact a mesothelioma lawyer from NYC today to schedule your free, no-obligation consultation. Your lawyer can help you determine if you're qualified for financial compensation from an asbestos trust.

Damages

If you suffer from mesothelioma or any other asbestos-related disease, a successful lawsuit may provide your family with compensation for their losses. Compensation could cover medical expenses, lost wages due to inability to work, home-care expenses, mental anguish and suffering loss of quality, funeral and burial costs, and other costs. An experienced New York mesothelioma attorney will examine the parties responsible and gather evidence to back your claims. After that, your lawyer will bring a lawsuit in civil court before your state's statute of limitations runs out.

The courts are well-versed in asbestos lawsuits, and have specialized dockets to help simplify the process. Springfield asbestos attorneys YouTube for terminally-ill plaintiffs and group similar cases. The judges handling these cases are trained to ensure justice and are aware of the increasing risk of asbestos exposure.

According to a recent study, New York City is the nation's hub for asbestos litigation. Asbestos victims received billions in settlements and verdicts. Mesothelioma is a fatal cancer, is caused by 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.

In addition to compensating victims of mesothelioma and the other asbestos-related illnesses, these lawsuits are aimed at punishing corporate wrongdoers. These lawsuits seek punitive damages awards that are in addition to compensatory damages. They are designed to deter the defendant's actions in the future, and discourage others from participating in the same course of action.

However the NYCAL decision offers defendants a glimmer of hope in their struggle to stay out of punitive damages. In the past, they faced the prospect of massive judgments in these cases, with the prevailing theory that their conduct was so outrageous that they had to pay punitive damages in order to discourage others from following suit.

Now, with the ruling in favor of plaintiffs, companies named as defendants in NYCAL cases could be dismissed in a substantial proportion of their cases. Even if they were dismissed however, they will still need to pay legal fees to defend a case that they didn't deserve to be involved in.

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