10 Apps That Can Help You Control Your Asbestos Litigation

New York Asbestos Litigation

New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma is a very serious asbestos-related cancer with a long latency is the second most frequent mesothelioma-related case in the United States in 2019.

Recent NYCAL decisions are likely to have a profound impact on the defense of asbestos attorneys lawsuits. These decisions will likely result in extensive summary judgment motion practice focusing on the defendant's fiber/cc test as well as expert reports placing any respirable exposure under the threshold of exposure to ambient air.

Expert Testimony

New York asbestos attorneys rely heavily on the testimony of experts to back up their client's claims. Asbestos litigation can be very expensive and expert witness costs represent a significant proportion of total case costs. Lawyers on both sides could spend hundreds of hours in preparation to confront an expert, and experts can charge thousands of dollars per day. Therefore, it is essential that litigants conduct thorough examine and verify potential experts in advance. Failure to do this could result in a failed Daubert challenge and lost cases.

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

Asbestos suits are commonplace in New York and the judges are knowledgeable about the issue. The courts, for instance expedite trials for seriously ill plaintiffs and combine cases when necessary to cut down on trial costs. The courts also regularly review their discovery procedure to ensure that they are efficient and up-to date.

In a case that is notable, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements by plaintiffs’ experts did not suffice to prove causation. The defendants filed an appeal, and a decision is expected in the near future.

The court's decision is expected to have a major impact on asbestos litigation in New York. There are currently mesothelioma-specific law firms fill the air with ads urging victims to make asbestos lawsuits and promise huge settlements. The specialized litigation has been particularly lucrative for plaintiffs' lawyers who have repaid millions of dollars in referral fees to former Assembly Speaker Sheldon Silver, who was recently found guilty of federal corruption charges relating to the millions of dollars he earned from directing asbestos cases towards his firm.

New Yorkers should be vigilant in their workplaces and communities to avoid asbestos exposure. Asbestos lawsuits are on rise and New York is among the top jurisdictions for mesothelioma verdicts.

Summary Judgment

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

Asbestos exposure can cause serious diseases such as mesothelioma or lung cancer. These illnesses are extremely serious and have a long latency period, meaning that victims may be experiencing symptoms as recently as 20 or 25 years after their initial exposure. There are steps that workers can take to avoid asbestos attorneys exposure and the development of a future illnesses. In recent years the asbestos litigation landscape has seen significant changes. The most significant development came in 2015 in which the New York political establishment was shaken to its core by the conviction on federal corruption charges against former Assembly Speaker Sheldon Silver. Silver's convictions for corruption were a result of his covert employment at the law firm Weitz & Luxenberg. He made millions in referral fees.

The new Albany landscape has also been shattered by the courtroom political machinations of the NYCAL docket. Justice Sherry Klein Heitler was removed as the long-time director of the NYCAL docket in 2021 amid reports that she had provided the "red carpet treatment" to asbestos-related claims filed by Weitz & Luxenberg. In the wake of this reshuffle Justice Peter Moulton has taken the reigns of NYCAL. His decisions have put a huge burden on defendants, making it virtually impossible for them to obtain summary judgment.

In Juni, the Court of Appeals dealt NYCAL a harsh dose of truth, rejecting the cumulative-exposure theory that had become fashionable in the court case and requiring plaintiffs to prove specific causation by proving it through scientific expression by their experts. This decision gives New York asbestos attorneys a powerful weapon to defend against allegations that claims 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 diseases and products to which they were exposed. In this ruling plaintiffs are required to prove that their asbestos-related disease was caused by specific friction materials or linings provided 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. There is a consensus that exposure to asbestos-containing substances can trigger mesothelioma and other diseases. However, the law requires plaintiffs demonstrate specific exposure to the products made by certain defendants in order to be successful.

This is a difficult standard to meet, particularly in NYCAL, where a single judge oversees the entire NYC asbestos litigation. In the 16 years since the decision of Parker, New York courts have struggled to apply the principles outlined in that case. In 2016 the First Department in Matter of NYC asbestos lawyer 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 requirement of specific causality under Nemeth.

Juni has placed a huge burden on defendants, and could make them settle their claims at an amount lower than they are entitled. 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 illnesses.

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 patients were contractors or workers exposed to asbestos in industrial settings.

The signs of mesothelioma aren't usually evident until between 25 and 50 years after exposure. Many asbestos patients are fighting to get the compensation they require to cover medical expenses, lost wages and companionship loss, in addition to other damages.

While it is essential to start a mesothelioma lawsuit promptly, it is also crucial to work with an experienced mesothelioma attorney who can assist you in obtaining the highest financial restitution possible. Contact a mesothelioma attorney in NYC today to schedule your free no-obligation consultation. Your lawyer can help you determine your rights to financial restitution from an asbestos trust fund.

Damages

If you suffer 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, home care expenses as well as pain and suffering mental anguish, loss of quality of life as well as funeral and burial costs. An experienced New York mesothelioma attorney will look into the parties at fault and collect evidence to support your claims. After that, your lawyer can file a lawsuit in civil court before the state's time limit expires.

The courts are familiar with asbestos lawsuits, and they have dockets specifically designed to simplify the process. They speed up trials for terminally ill plaintiffs and group similar cases. Additionally the judges who handle these cases are aware of the heightened risks associated with asbestos exposure and are trained to ensure justice is done.

According to a recent study, New York City is the national center for asbestos litigation. Asbestos victims have claimed billions of dollars in settlements and verdicts. Mesothelioma, a deadly cancer is caused by asbestos fibers. It is a rare, incurable illness, but lawsuits brought against companies that exposed workers to asbestos cancer-causing substance have aided in compensating victims for their suffering.

These lawsuits seek to punish corporate wrongdoers as in compensating mesothelioma victims or other asbestos-related illnesses. The lawsuits seek punitive damages which are awarded in addition to compensatory damages. They are designed to deter the defendant's actions in the future, and discourage others from taking part in the same course of action.

The NYCAL decision gives defendants hope that they will stay clear of punitive damages. Previously, they had been facing the prospect of huge judgments in these cases according to the prevalent view that their conduct was so egregious that they had to pay punitive damages to prevent others from following suit.

Now, with the ruling in favor of plaintiffs, companies that are named as defendants in NYCAL cases could be dismissed in a large percentage of their cases. Even if they are dismissed, they would still have to pay legal fees to defend a case that they didn't have a right to be involved in.