20 Inspiring Quotes About 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 cancer with a long latency, is the second most prevalent mesothelioma-related case in the United States in 2019.

Recent NYCAL decisions will have a profound impact on the defense of asbestos lawyers suits. These decisions could result in extensive summary judgement motion practice focused on the defendant's fiber/cc tests and expert reports that place any respirable exposure below 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 extremely expensive, and expert witness fees make up a significant portion of total case costs. Lawyers on both sides could spend hours in preparation to question an expert, while experts can charge thousands of dollars per day. It is therefore important that litigants conduct thorough study and evaluate potential experts in advance. Failure to do this can result in a failed Daubert Challenge and lost cases.

New York has had a long history of industrialization. Many workers were exposed to asbestos. Many of these workers developed asbestos-related diseases, including mesothelioma and lung cancer. They may claim compensation from the companies who exposed them to asbestos.

Asbestos suits are commonplace in New York and the judges are knowledgeable about the issue. The courts, for example speed up trials for patients who are terminally ill and consolidate cases when needed to reduce the cost of trial. Additionally courts frequently review their discovery procedures to ensure that they are up-to-date and efficient.

In a notable case, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements made by plaintiffs' experts were not sufficient to establish causality. 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. Currently, specialized mesothelioma law firms fill the air with advertisements urging people to make asbestos lawsuits and promise huge settlements. The niche 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 related to the millions of dollars he earned by directing asbestos cases to his firm.

In addition to these legal developments, New Yorkers must remain alert to asbestos exposure at work and in their communities. Asbestos lawsuits are on the increase, and New York is among the most sought-after jurisdictions for mesothelioma verdicts.

Summary Judgment

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

Asbestos exposure often leads to serious illnesses, such as mesothelioma and cancer of the lung. These diseases are agressive and have a long period of latency which means that patients may be experiencing symptoms as recently as 20 or 25 years after the initial exposure. There are steps workers can take to avoid asbestos exposure and the development of a future illness. A number of major changes have taken place in the asbestos litigation scene in recent years. The most significant change occurred in 2015 when the political establishment was shaken to its core following the conviction on federal corruption charges of the 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 NYCAL docket in 2021 following reports that she had given the "red carpet treatment" to asbestos claims brought by Weitz & Luxenberg. Following this reshuffle, Justice Peter Moulton has taken the reigns of NYCAL. His decisions have made it difficult for defendants to get summary judgment.

In Juni, the Court of Appeals dealt NYCAL with a brutal dose of reality, rejecting the cumulative exposure theory that was popular in the litigation and calling for plaintiffs to establish specific causation by proving it through scientific evidence from their experts. This ruling gives New York Asbestos Attorneys (Marvelvsdc.Faith) a strong argument against allegations that claims 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 prove that there is a causal link between their asbestos lawsuit-related condition and the specific products they were exposed to. This decision imposes on plaintiffs the obligation to establish that their disease was caused by specific friction materials and linings that were supplied by the defendant, rather than 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. It is generally accepted that a person's exposure to certain asbestos-containing materials causes mesothelioma and other illnesses, but the law requires plaintiffs to prove the specific exposure to products produced by particular defendants in order to be successful in their claims.

This is a tough standard to achieve, particularly in NYCAL where one judge is in charge of all NYC asbestos litigation. In the 16 years since the decision of Parker, New York courts have had a difficult time applying the principles outlined in this case. In 2016 the First Department in Matter of NYC asbestos lawyers Litigation, (Juni) decided that an expert's testimony that plaintiff "regularly" exposed himself to friction products that contained asbestos was not sufficient to prove the requirement of specific causality under Nemeth.

Juni has put a huge burden on defendants in NYCAL and could force them to settle their claims for less than they are entitled to. An attorney for mesothelioma in NYC can explain the benefits of filing a suit and your options for restitution financial if you are diagnosed with mesothelioma, or other asbestos-related illnesses.

New York state was the second most popular state for mesothelioma-related lawsuits in 2019 and is responsible for 6percent of all asbestos litigation. It is estimated that up to 13,000 people have been diagnosed with mesothelioma in the state. Most of the victims were workers or contractors exposed to asbestos in industrial settings.

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

While it is important to file a mesothelioma lawsuit in a timely manner but it is also essential to work with an experienced mesothelioma lawyer who can help you pursue the maximum amount of financial compensation that you can. Contact a mesothelioma attorney from NYC to schedule a free, no-obligation appointment. Your lawyer can help you determine if you are qualified to receive financial compensation from an asbestos trust.

Damages

If you have mesothelioma, or any other asbestos lawyers-related illness, a successful lawsuit could help your family recover losses. Compensation can cover medical bills, lost income from being unable to work and home care expenses as well as pain and suffering, mental anxiety, loss of quality of life, and funeral and burial expenses. An experienced New York asbestos lawyer will investigate the responsible parties to gather evidence and prove your claim. Your lawyer will then start a civil lawsuit before the statute of limitations expires in your state.

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

According to a recent study, New York City is a national hub for asbestos litigation. Asbestos victims received billions in settlements and verdicts. Mesothelioma is a deadly cancer that is caused by exposure to hazardous asbestos fibers. It is an uncommon, incurable cancer. However lawsuits brought against companies that exposed workers to asbestos fibers have helped compensate victims.

These lawsuits seek to punish corporate wrongdoers as well indemnizing victims of mesothelioma or other asbestos-related diseases. These lawsuits seek punitive damage awards, which are in addition to compensatory damages. The lawsuits are meant to deter the defendant from repeating the same conduct in the future.

However the NYCAL decision provides defendants with the chance to have a shot of hope in their struggle to stay out of punitive damages. In the past, they been facing the prospect of huge judgments in these cases, according to the prevalent view that their conduct was so outrageous that they must pay punitive damages to prevent others from following suit.

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