15 Of The Most Popular Asbestos Litigation Bloggers You Should Follow

New York Asbestos Litigation

New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma is a serious asbestos-related cancer with a long latency period is the second most common mesothelioma patient in the country in 2019.

Recent NYCAL decisions are likely to have a profound impact on the defense of asbestos lawsuits. These decisions are likely to result in a large number of summary judgment motions based upon the test results of the defendant's fiber/cc and expert reports that place any exposure that can be deemed respirable below an exposure threshold for ambient conditions.

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 an enormous portion of total costs involved in asbestos lawyer litigation. Lawyers for both sides can spend hours prepping to interview an expert, while experts can charge thousands of dollars per day. Therefore, it is essential that litigants conduct thorough research and vet possible experts prior to interviewing them. Failure to do this could result in a sham Daubert challenge and lost cases.

New York has a rich industrial history, and many workers have been exposed to asbestos that is toxic. Many of these workers developed asbestos-related diseases, such as mesothelioma or lung cancer. Those who have suffered from these ailments are entitled to compensation from companies that exposed them to asbestos.

Asbestos lawsuits are a common event in New York, and judges are aware of the issues involved. The courts, for instance speed up trials for terminally ill plaintiffs and consolidate cases when necessary to reduce trial costs. In addition, courts regularly review their discovery procedures to ensure that they are current and efficient.

In one case of note, Brown v. Weitz & Luxenberg, the First Department held that conclusory cumulative exposure statements by the plaintiffs' experts were insufficient to establish the causation in asbestos cases. The defendants appealed the decision, and the decision is expected to be made soon.

The court's decision is likely to have an impact on asbestos litigation throughout New York. There are currently mesothelioma-specific law firms saturate the daytime with advertisements urging people to make asbestos lawsuits and promise giant settlements. The niche litigation was particularly lucrative for plaintiffs’ attorneys who paid millions of referral fees to Sheldon Silver. Silver was recently convicted of federal corruption charges related to the millions he made by directing asbestos cases to their firm.

New Yorkers should continue to be vigilant at work and communities to avoid asbestos exposure. Asbestos lawsuits have been on the rise and New York is one of most prominent jurisdictions for mesothelioma verdicts.

Summary Judgment

A New York asbestos attorney can help you receive the compensation that you deserve.

Asbestos exposure is often the cause of serious illnesses, such as mesothelioma and lung cancer. These diseases are extremely serious, and they have a long time to develop. This means that victims may not be suffering from symptoms until 20 or 25 years following their first exposure. There are steps that workers can take to safeguard themselves from asbestos lawsuit exposure and prevent future disease. In recent years the asbestos litigation scene has seen significant changes. In 2015 the political establishment in New York was shook to its foundation by the conviction of Sheldon S. Silver on federal charges of corruption. Silver's corruption convictions stemmed from a secretly working for the law firm of Weitz & Luxenberg, which was where he earned millions of dollars in referral fees for the firm.

The new Albany landscape has also been shaken by the courtroom politics of the NYCAL docket. Justice Sherry Klein Heitler was removed as the long-time director of NYCAL docket in 2021 amid reports that she had given the "red carpet treatment" to asbestos claims filed by Weitz & Luxenberg. Following this shakeup, Justice Peter Moulton has taken the charge of NYCAL. His rulings have placed a significant burden on defendants, making it nearly 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 explanation by their experts. This ruling provides New York asbestos attorneys (read this post from championsleage.review) a strong argument against allegations that claims are speculative or fraudulent.

In Reid in Reid Abex, the Court of Appeals also gave asbestos defense lawyers support for their efforts to require plaintiffs to establish a specific causal link between their asbestos-related disease and the specific substances they were exposed to. In this decision, plaintiffs are required to prove that their asbestos-related disease was caused by specific friction materials or linings provided by the defendant, rather than general exposure to asbestos in the workplace.

Causation

The most difficult challenge facing defendants in asbestos cases is the need to prove that there is a causal link. The general consensus is that exposure to asbestos-containing substances can lead to mesothelioma or other diseases. However the law requires plaintiffs to demonstrate specific exposure to the products manufactured by certain defendants in order to be successful.

This is a tough standard to meet, particularly in NYCAL, where a single judge is responsible for the entire NYC asbestos litigation. In the 16 years that have passed since Parker, New York courts have struggled to apply the principles from that case. In 2016, for example, the First Department in Matter of NYC Asbestos Litigation (Juni) ruled that a plaintiff's expert evidence that he "regularly exposed" himself to asbestos-containing friction products was not sufficient under Nemeth to satisfy specific causation.

Juni has imposed a substantial burden on defendants in NYCAL and could force them to settle their claims at a lower amount than they are entitled to. An attorney for mesothelioma in NYC can explain the benefits of filing a suit and the options for restitution in the event that you're 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 handles about 6% of the 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 usually do not appear until 25 to 50 years after initial exposure. Many asbestos sufferers are battling to obtain the compensation they require to cover medical costs, lost wages, loss of companionship and other damages.

While it is important to file a mesothelioma lawsuit promptly, it is also crucial to partner with a seasoned mesothelioma lawyer who will assist you in obtaining the highest financial restitution possible. Contact a mesothelioma attorney in NYC today to set up a free no-obligation consultation. Your lawyer can assist you determine if you are eligible for financial compensation from an asbestos lawyer trust.

Damages

If you're suffering from mesothelioma or any other asbestos-related disease A successful lawsuit can provide your family with compensation for their losses. Compensation could cover your medical bills, lost income from being unable and home care expenses, pain and suffering, mental anxiety and loss of quality of life, as well as funeral and burial costs. A seasoned New York mesothelioma attorney will look into the parties at fault and gather evidence to back your claims. After that, your lawyer can file a lawsuit in civil court before the state's statute of limitations expires.

The courts have dockets that are specially designed for asbestos cases that streamline the process. They accelerate trials for plaintiffs with terminal illnesses and put similar cases together. In addition the judges who handle these cases are aware of the higher dangers associated with asbestos exposure and are trained to ensure justice is served.

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 is a fatal cancer, is caused by asbestos fibers. It is an uncommon, incurable cancer. However, lawsuits filed against companies who exposed workers to asbestos fibers have led to compensation for victims.

In addition to compensating victims of mesothelioma and other asbestos-related diseases These lawsuits are also aimed at securing the retribution of corporate wrongdoers. These lawsuits seek punitive damages awards that are in addition to compensatory damages. They are intended to discourage the defendant's behavior in the future and discourage others from taking part in a similar course of action.

The NYCAL decision gives defendants the chance to avoid punitive damages. Prior to this, they faced the possibility of huge judgments in these cases with the prevailing theory that their conduct was so egregious that they had to pay punitive damages in order to discourage others from committing the same crime.

With the decision in favor of plaintiffs, companies named as defendants in NYCAL cases can expect to be dismissed in a significant percentage of their cases. Even if they were dismissed but they'd still have to pay legal fees to defend a case that they did not deserve to be involved in.