20 Trailblazers Setting The Standard In Asbestos Litigation

New York Asbestos Litigation

New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma is an asbestos lawyer-related disease that is serious and has long latency periods.

Recent NYCAL decisions are expected to have a profound impact on the defense of asbestos lawsuits. These decisions will likely result in extensive summary judgment motions focusing on the defendant's fiber/cc test as well as expert reports putting 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 expert witnesses to support their client's claims. Expert witness fees can account for significant proportion of total cost of asbestos litigation. Lawyers on both sides could spend hundreds of hours prepping to interview an expert, while experts can charge thousands of dollars per day. It is crucial that litigants carefully study and evaluate potential experts prior to contacting them. Failure to do so can result in a failed Daubert challenge and lost cases.

New York has had a long industrial history. Many workers were exposed to asbestos. Many of these workers developed asbestos-related diseases, including mesothelioma and lung cancer. People who have been affected by these diseases can seek compensation from the companies who exposed them to asbestos.

Asbestos lawsuits are an everyday in New York, and judges are aware of the issues involved. For instance, courts speed up trials for terminally sick plaintiffs, and they often consolidate cases to reduce costs for trial. In addition, courts regularly review their discovery procedures to ensure they are up-to-date and effective.

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

The court's ruling is expected to have an impact on asbestos litigation throughout New York. The mesothelioma lawyers are currently bombarding television during the day with ads which encourage asbestos lawyers victims to file lawsuits, promising huge settlements. The niche litigation has proven particularly lucrative for plaintiffs' lawyers who have paid millions of dollars in referral fees to former Assembly Speaker Sheldon Silver, who was recently found guilty of federal corruption charges related to the millions of dollars he made from directing asbestos cases towards his firm.

In addition to these legal developments, New Yorkers must remain alert to asbestos exposure at work and in their communities. Asbestos-related lawsuits are increasing and New York is one of most prominent jurisdictions for mesothelioma verdicts.

Summary Judgment

A New York asbestos attorney can assist you in receiving the amount of compensation you are due.

Asbestos exposure can lead to serious diseases, such as mesothelioma and lung cancer. These diseases are extremely serious, and they have a long period of latency. This means that victims might not be developing symptoms until 20 or 25 years after the initial exposure. Fortunately, there are ways for workers to protect themselves against asbestos exposure and avoid a recurrence of illness. In recent years the asbestos litigation scene has seen major changes. The most significant change came in 2015, when New York's political establishment was shaken to its core following the conviction on federal corruption charges of former Assembly Speaker Sheldon Silver. Silver's corruption convictions stemmed from his secretly working for the law firm of Weitz & Luxenberg, which he used to earn millions of dollars in referral fees for the firm.

The courtroom politics on the NYCAL docket have also shaken up the new Albany landscape. Justice Sherry Klein Heitler was removed as the long-time director of the NYCAL docket in 2021 amidst reports that she had provided the "red carpet treatment" to asbestos claims filed by Weitz & Luxenberg. In the aftermath of this reshuffle Justice Peter Moulton has taken charge of NYCAL. His rulings have made it more difficult for defendants to get summary judgment.

In Juni the year 2003, the Court of Appeals dealt NYCAL a harsh dose of reality, renouncing the cumulative-exposure theory that was becoming popular in the court case and requiring plaintiffs to prove the causation of their claims with sufficient scientific explanation by their experts. This ruling gives New York asbestos attorneys a powerful weapon to defend against allegations that claims are fraud or speculative.

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

Causation

The defendants must demonstrate that asbestos caused the disease. The consensus is that exposure to asbestos-containing materials can trigger mesothelioma and other diseases. However the law requires that plaintiffs demonstrate specific exposure to the products manufactured by certain defendants in order for their claims to be successful.

This is a difficult standard to meet, particularly in NYCAL where a single judge oversees all NYC asbestos litigation. In the 16 years since Parker, New York courts have had a difficult time applying the principles outlined in that case. In 2016, for example the First Department in Matter of NYC Asbestos Litigation (Juni) decided that a plaintiff's expert testimony that he "regularly exposed" himself to asbestos-containing friction products was not sufficient under Nemeth to establish a specific causation.

Juni has imposed a substantial burden on defendants in NYCAL and could oblige them to settle their claims for less than they are entitled to. A mesothelioma attorney in NYC will explain the benefits of filing a lawsuit as well as your options for restitution financial if you are diagnosed with mesothelioma or any other asbestos-related diseases.

New York state was the second most popular state for mesothelioma lawsuits in 2019 and is responsible for 6percent of all asbestos litigation. It is estimated that around 13,000 people have been diagnosed with mesothelioma in the state. The majority of the victims are contractors or workers who were exposed to asbestos as it was being employed in industrial applications.

The signs of mesothelioma generally don't manifest until between 25 to 50 after the initial exposure. Many asbestos victims are fighting for the compensation they deserve for medical expenses loss of wages, companionship loss, in addition to other damages.

While it is essential to start a mesothelioma lawsuit promptly but it is also essential to work with an experienced mesothelioma lawyer who will assist you in obtaining the highest financial restitution possible. Contact a mesothelioma attorney from NYC to set up a no-cost appointment that is no-obligation. Your lawyer can assist you determine if you're qualified to receive financial compensation from an asbestos trust.

Damages

If you suffer from mesothelioma or another asbestos-related illness A successful lawsuit can pay your family members for their losses. Compensation could pay for medical bills, income loss from being unable and home care expenses as well as pain and suffering mental anguish and loss of quality of life as well as funeral and burial costs. An experienced New York asbestos lawyer will investigate the responsible parties to collect evidence and support your claim. Your lawyer can then bring a civil suit before the statute of limitations expires in your state.

The courts are familiar with asbestos lawsuits and have dockets specifically designed to streamline the process. They expedite trials for terminally-ill plaintiffs and group similar cases. In addition the judges who handle these cases are aware of the increased risk of asbestos exposure and are trained to ensure justice is served.

According to a study conducted recently, New York City is a national hub for asbestos litigation. Asbestos victims have received billions of dollars in settlements and verdicts. Mesothelioma is a fatal cancer caused by exposure to dangerous asbestos fibers. It is a rare, incurable cancer. However, lawsuits filed against companies who exposed workers to asbestos fibers have resulted in compensation for victims.

In addition to remunerating the victims of mesothelioma and the other asbestos-related diseases the lawsuits aim at punishing corporate wrongdoers. These lawsuits seek punitive damage awards in addition to compensatory damages. The lawsuits are meant to discourage the defendant from engaging in similar behavior in the future.

However, the NYCAL decision offers defendants an opportunity to win their struggle to stay out 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 indefensible that they should be forced to pay punitive damages to prevent others from following their lead.

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