What Do You Think Heck What Exactly Is 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 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 exposure threshold for ambient conditions.

Expert Testimony

New York asbestos attorneys rely heavily on the testimony of experts to prove their clients' claims. Asbestos litigation can be extremely expensive, and expert witness fees represent a significant proportion of the total costs. Lawyers for both sides can 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 carefully study and evaluate potential experts prior to hiring them. In the absence of doing so, it could result in a sham Daubert challenge and lost cases.

New York has a rich industrial past, and a lot of workers have been exposed to asbestos lawyer, which is toxic. Many of these workers have developed asbestos-related illnesses, like mesothelioma, lung cancer, and so on. 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 ill plaintiffs, and they often consolidate cases to lower the cost of trial. Additionally, courts regularly review their discovery procedures to make sure 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 suffice to prove causation. The defendants appealed the decision and a decision is expected soon.

The court's ruling is expected to impact asbestos litigation throughout New York. Currently, specialized mesothelioma law firms saturate the daytime with commercials urging victims to bring asbestos lawsuits, promising giant settlements. The niche litigation has been particularly lucrative for plaintiffs' lawyers, who have paid millions of dollars in referral fees to former Assembly Speaker Sheldon Silver, who was recently convicted on federal corruption charges related to the millions of dollars he earned from directing asbestos cases towards his firm.

In addition to these legal developments, New Yorkers need to continue to be alert to asbestos exposure in their workplaces and communities. Asbestos lawsuits are on the rise 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 amount of compensation you are due.

Asbestos exposure often leads to serious diseases, including mesothelioma and cancer of the lung. These are serious diseases and have a long period of latency. This means that patients may not be experiencing symptoms until 20 or 25 years following the initial exposure. There are steps that workers can take to avoid asbestos exposure and the development of a future disease. There have been a number of significant changes in the asbestos lawyers litigation scene in recent years. In 2015 the political establishment of New York was shook to its foundation by the conviction of Sheldon S. Silver on federal corruption charges. Silver's convictions for corruption stemmed from his secret work at the law firm Weitz & Luxenberg. He used this to earn millions in referral fees.

The new Albany landscape has also been shattered by the courtroom politics of the NYCAL docket. Justice Sherry Klein Heitler was removed as the long-time manager of the NYCAL docket in 2021 amidst reports that she had provided the "red carpet treatment" to asbestos claims brought by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the wake of this shake-up. His rulings have placed a heavy burden on defendants, making it almost impossible for them to obtain summary judgment.

In Juni, the Court of Appeals dealt NYCAL a harsh dose of reality, rejecting the cumulative-exposure theory that had become fashionable in the litigation and insisting that plaintiffs prove specific causation by proving it through scientific evidence from their experts. This ruling gives New York asbestos attorneys a strong argument against claims that claim they are false or speculative.

In Reid v. Abex, the Court of Appeals also gave asbestos defense attorneys support for their efforts to require plaintiffs to establish that there is a causal link between their asbestos-related condition and the particular products that they were exposed to. This decision imposes plaintiffs with the responsibility to prove that their illness was caused by the specific linings and friction materials that were provided by the defendant, and not general exposure to asbestos in the workplace.

Causation

The defendants will have to prove that asbestos lawyers caused the disease. There is a consensus that exposure to asbestos-containing substances can lead to mesothelioma or other diseases. However the law requires that plaintiffs prove specific exposure to products manufactured by certain defendants to be successful.

This is a tough standard to meet, especially in NYCAL where a single judge manages the entire NYC asbestos litigation. In the 16 years since Parker, New York courts struggle to apply the rules from 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 products for friction that contained asbestos was not sufficient to satisfy the requirement of specific causality under Nemeth.

Juni has imposed a substantial burden on defendants in NYCAL and may oblige them to settle their claims at a lower amount than they are entitled to. A mesothelioma attorney in NYC can explain to you the benefits of filing suit and your options for financial compensation if you have been diagnosed with mesothelioma.

New York state was the second most popular state for mesothelioma-related lawsuits in 2019 and handles 6% of national asbestos litigation. As many as 13,000 people are estimated to have been diagnosed with the disease in New York. Most of the victims are contractors or workers who were exposed to asbestos when it was used in industrial applications.

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

While it is important to file a mesothelioma lawsuit promptly but it is also essential to consult with a knowledgeable mesothelioma attorney who can help you pursue the maximum financial restitution possible. Contact a mesothelioma lawyer in NYC to set up a free appointment, no-obligation. Your attorney can discuss your eligibility for financial restitution from an asbestos trust fund.

Damages

If you're suffering from mesothelioma or a similar asbestos-related condition, a successful lawsuit could help your family recover losses. Compensation can cover medical bills, income loss from being unable or take care of your home as well as pain and suffering, mental anxiety and loss of quality of life, and funeral and burial costs. A seasoned New York mesothelioma attorney will examine the parties responsible and gather evidence to support your claims. After that, your lawyer will file a lawsuit in civil court before the state's statute of limitations runs out.

The courts are well-versed in asbestos lawsuits and have specialized dockets to help streamline the process. They expedite trials for terminally-ill plaintiffs, and group similar cases. In addition the judges who decide these cases are aware of the increased risks 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-related victims have claimed billions of dollars in settlements and verdicts. Mesothelioma is a fatal cancer caused by exposure to dangerous 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 seek to punish corporate wrongdoers as indemnizing victims of mesothelioma or other asbestos-related illnesses. The lawsuits seek punitive damages, which are awarded in addition to compensatory damages. The lawsuits are meant to deter the defendant from engaging in similar conduct in the future.

The NYCAL decision gives defendants the chance to avoid punitive damage awards. They had the possibility of large judgments in the past in the belief that their conduct was so bad that they should pay punitive damages to deter other people from following suit.

With the decision in favor of plaintiffs, it is likely that many of the companies that were named as defendants will be disqualified. Even if they were to be dismissed, they would still have to pay legal fees to defend a case they didn't have a right to be in.