20 Trailblazers Leading The Way In 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 suits. These decisions are likely to result in extensive summary judgment motions focusing on the defendant's fiber/cc tests and expert reports placing any exposure that is deemed to be respirable below an ambient exposure threshold.

Expert Testimony

New York asbestos attorneys rely heavily on the testimony of expert witnesses to back up their client's claims. Expert witness fees can be a significant proportion of total costs involved in asbestos litigation. Both sides can devote hundreds of hours preparing to question an expert. Experts can charge thousands of dollar per day. It is therefore important that litigants conduct thorough study and evaluate potential experts prior to contacting them. Failure to do this can result in a shaky Daubert Challenge and lost cases.

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

Asbestos lawsuits are an everyday event in New York, and judges are well-versed in the issues involved. The courts, for instance expedite trials for seriously ill plaintiffs and combine cases when needed to reduce the cost of trial. In addition, courts regularly review their discovery procedures to ensure that they are up-to-date and effective.

In a case that is notable, Brown v. Weitz & Luxenberg, the First Department held that conclusory cumulative exposure statements by the plaintiffs experts were not sufficient to establish the causality in an asbestos case. The case was re-argued by the defendants, and a ruling is expected to be issued soon.

The court's decision is likely to have a significant impact on asbestos litigation in New York. The mesothelioma lawyers are currently bombarding television during the day with ads which urge victims to file asbestos lawsuits, promising huge settlements. The niche litigation was particularly lucrative for plaintiffs’ attorneys who repaid millions of referral fees to Sheldon Silver. Silver was recently found guilty of federal corruption charges related to the millions he earned by the asbestos cases he directed to their firm.

In addition to these legal developments, New Yorkers need to remain aware of the possibility of asbestos exposure in their workplaces and communities. Asbestos-related lawsuits are increasing and New York is among the top jurisdictions in mesothelioma verdicts.

Summary Judgment

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

asbestos lawyers exposure can lead to serious illnesses like mesothelioma and lung cancer. These diseases are agressive and have a long period of latency which means that the victims could start experiencing symptoms as recently as 20 or 25 years after the initial exposure. There are steps that workers can take to safeguard themselves from asbestos exposure and avoid a recurrence of illnesses. In recent years the asbestos litigation scene has undergone several significant changes. The most significant change came in 2015 in which the New York political establishment was shaken to the foundation following the conviction on federal corruption charges of the former Assembly Speaker Sheldon Silver. Silver's convictions for corruption stemmed from his shady work at the law firm Weitz & Luxenberg. He made millions of referral fees.

The new Albany landscape is also impacted 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 given the "red carpet treatment" to asbestos-related claims filed by Weitz & Luxenberg. In the wake of this reshuffle Justice Peter Moulton has taken the charge of NYCAL. His rulings have placed a significant burden on defendants, making it virtually impossible for them to obtain summary judgment.

In Juni the year 2003, the Court of Appeals dealt NYCAL with a brutal dose of truth, rejecting the cumulative exposure theory that was popular in the litigation and calling for plaintiffs to establish specific causation through sufficient scientific expression by their experts. This decision gives New York asbestos attorneys a powerful weapon to defend against allegations that claims are speculative or fraudulent.

In Reid v. Abex, the Court of Appeals also gave asbestos defense attorneys support for their efforts to require plaintiffs to establish the existence of a specific causal connection between their asbestos-related disease and the particular products that they were exposed to. In this decision plaintiffs must prove that their asbestos-related disease was caused by specific friction materials or linings offered by the defendant rather than general workplace exposure to asbestos.

Causation

The biggest challenge for defendants in asbestos cases is the need to prove that there is a causal link. It is generally accepted that exposure to certain asbestos-containing materials is a cause of mesothelioma, among other diseases, however, the law requires plaintiffs to prove specific exposure to certain products made by particular defendants in order to prevail on their claims.

This is a challenging standard to meet, especially in NYCAL where a single judge is responsible for the entire NYC asbestos litigation. In the 16 years since the decision of Parker, New York courts have struggled to apply the principles of this case. In 2016, for example, the First Department in Matter of NYC Asbestos Litigation (Juni) ruled that a plaintiff's expert declaration 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 may make them settle their claims at a lower amount than they are entitled to. A mesothelioma attorney in NYC can explain the advantages of filing a lawsuit and your options for financial compensation if you have been diagnosed with mesothelioma.

New York State was the second most popular mesothelioma-related jurisdiction suits in the year 2019. It was the sole handler of about 6% of the asbestos litigation across the country. It is estimated that as many as 13,000 patients have been diagnosed with mesothelioma within the state. Most of the victims were contractors or workers exposed to asbestos in industrial settings.

The signs of mesothelioma generally don't manifest until between 25 to 50 years after initial exposure. Many asbestos patients are fighting to get the compensation they need to cover medical expenses and lost wages, as well as loss of companionship, and other damages.

While it is essential to start a mesothelioma lawsuit promptly but it is also essential to work with an experienced mesothelioma attorney who can help you obtain the maximum amount of financial compensation that you can. Contact a mesothelioma lawyer in NYC today to set up a free, no-obligation consultation. Your lawyer can help you determine if you are eligible to receive financial compensation from an asbestos trust.

Damages

If you're suffering from mesothelioma or another asbestos-related disease A successful lawsuit could compensate your family's losses. Compensation could cover your medical bills, income loss due to being unable to work and home care expenses, pain and suffering, mental anxiety and 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 gather evidence to back your claims. Your lawyer will then file a civil lawsuit before the statute of limitations expires in your state.

The courts are well-versed in asbestos lawsuits, and they have specialized dockets to help simplify the process. They expedite trials for terminally-ill plaintiffs and group similar cases. Additionally the judges who decide these cases are aware of the heightened dangers associated with asbestos exposure and are trained to ensure that justice is done.

According to a research study conducted recently, New York City is the nation's hub for asbestos lawyer litigation. Asbestos victims have claimed billions of dollars 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 substance have aided in compensating victims for their suffering.

In addition to remunerating the victims of mesothelioma and the other asbestos-related diseases, these lawsuits are aimed at punishing corporate wrongdoers. The lawsuits seek punitive damages which are given in addition to compensatory damages. The intent of the lawsuits is to deter the defendant from repeating the same conduct in the future.

The NYCAL decision gives defendants hope that they will avoid punitive damages. In the past, they faced the possibility of huge judgments in these cases, according to the prevalent view that their conduct was so egregious that they should be forced to pay punitive damages to deter others from following their lead.

With the decision in favor of plaintiffs, it is expected that many of the companies named as defendants will be disqualified. Even if they are dismissed however, they will still need to pay legal fees to defend a case they didn't deserve to be in.