This Week s Top Stories Concerning 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 illness with a long period of latency, is the second most common mesothelioma patient in the country in 2019.

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

Expert Testimony

New York asbestos attorneys rely heavily on the testimony of experts to prove their clients' claims. Asbestos litigation can be very expensive and expert witness fees represent a significant proportion of total case costs. Lawyers on both sides could spend hundreds of hours prepping to interview an expert, and experts can charge thousands of dollars per day. Therefore, it is important for litigants to thoroughly research and vet potential experts prior to their appointment. In the absence of this, it could result in a failure of the Daubert Challenge and losing cases.

New York has a rich industrial history, and many workers have been exposed to asbestos that is toxic. Many of these workers have been diagnosed with asbestos-related illnesses, including mesothelioma and cancer of the lung. Anyone who has suffered from these ailments are entitled to compensation from companies who exposed them to asbestos.

Asbestos lawsuits are a common event in New York, and judges are well-versed in the issues involved. For instance, courts speed up trials for patients, and often consolidate cases to reduce the cost of trial. The courts also regularly review their discovery process to ensure that they are effective and current.

In a notable case, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements made by plaintiffs' experts did not prove causality. The defendants filed an appeal, and a decision is expected soon.

The court's decision is expected to impact asbestos litigation in New York. Mesothelioma lawyers have been bombarding daytime television with commercials that urge victims to file asbestos suits, promising huge settlements. The specialized litigation has been 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 earned from directing asbestos cases towards his firm.

In addition to these legal developments, New Yorkers need to continue to be aware of the possibility of asbestos exposure at work and in their communities. Asbestos-related lawsuits are on the rise and New York is among the the top jurisdictions for mesothelioma cases.

Summary Judgment

A New York asbestos attorney (https://telegra.ph/) can assist you in receiving the amount of compensation you are due.

Asbestos exposure often leads to serious illnesses, such as mesothelioma as well as lung cancer. These diseases are agressive and have a long time of latency which means that the victims could only have begun feeling symptoms as recent as 20 or 25 years after their initial exposure. There are steps that workers can take to reduce the risk of asbestos exposure and future illness. In recent years, the asbestos litigation landscape has undergone several major changes. The most significant development came in 2015 when the political establishment was shaken to the foundation following the conviction on federal corruption charges against the former Assembly Speaker Sheldon Silver. Silver's convictions for corruption stemmed from his secretly working at the law firm of Weitz & Luxenberg, which employed him to earn millions of dollars in referral fees for the firm.

The new Albany landscape has also been shattered by the courtroom political machinations of the NYCAL docket. Justice Sherry Klein Heitler was replaced as the longtime manager of the NYCAL docket in 2021 amid reports that she'd given the "red carpet treatment" to asbestos claims filed by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the aftermath of the shake-up. His decisions have made it difficult for defendants to obtain summary judgment.

In Juni, the Court of Appeals gave NYCAL a hard dose of reality by denying the cumulative exposure theory that was a popular argument in the litigation. Instead it demanded plaintiffs prove causation using sufficient scientific proof from their experts. This ruling gives New York asbestos attorneys a powerful tool to defend against claims that claim they are speculative or fraudulent.

In Reid v. Abex, the Court of Appeals also gave asbestos defense attorneys a boost in their efforts to require plaintiffs to establish that there is a causal link between their asbestos-related disease and the particular products that they were exposed to. This decision places plaintiffs with the responsibility to establish that their disease was caused by the specific linings and friction materials which were supplied by the defendant, and not general exposure to asbestos in the workplace.

Causation

The biggest challenge for asbestos defendants is the need to prove that there is a causal link. There is a consensus that exposure to asbestos-containing materials can cause mesothelioma or other illnesses. However, the law requires plaintiffs be able to prove specific exposure to certain products made by certain defendants in order to be successful.

This is a challenging 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 of the case. In 2016, the First Department in Matter of NYC Asbestos Litigation, (Juni) ruling that an expert's testimony that a plaintiff "regularly" exposed himself to friction products that contained asbestos was not sufficient to establish the requirement of specific causality under Nemeth.

Juni has placed a huge burden on defendants, and could oblige them to pay an amount lower than they are entitled. A mesothelioma lawyer in NYC can explain to you the benefits of filing suit and your options for financial compensation if you have been diagnosed with mesothelioma.

New York State was the second-most popular jurisdiction for mesothelioma suits in 2019. It handled 6percent of all national asbestos litigation. Up to 13,000 people have been diagnosed with the disease in New York. The majority of those affected were contractors or employees who were exposed to asbestos when it was being used in industrial processes.

The symptoms of mesothelioma usually do not appear until 25 to 50 years after initial exposure. Many asbestos victims are fighting for the compensation they deserve for medical expenses, lost wages and companionship loss, in addition to damages.

It is important to file your mesothelioma claim in a timely fashion however, it is vital to work with mesothelioma lawyers who can help you seek the most monetary restitution. Call a mesothelioma attorney in NYC to set up a no-cost, no-obligation appointment. Your lawyer can assist you determine if you are eligible for financial compensation from an asbestos trust.

Damages

If you suffer from mesothelioma or any other asbestos-related illness, a successful lawsuit could provide your family with compensation for their losses. Compensation can cover medical bills, lost wages due to inability to work, home care expenses, mental anguish and suffering loss of quality funeral and burial costs, as well as other costs. An experienced New York asbestos lawyer will investigate the responsible parties to gather evidence and prove your claim. After that, your lawyer can start a civil lawsuit in court before the statute of limitations expires.

The courts are well-versed in asbestos lawsuits, and they have dockets that are specifically designed to speed up the process. They expedite trials for terminally-ill plaintiffs and group similar cases. The judges who are handling these cases are trained to ensure justice and are aware of the increasing dangers associated with asbestos.

According to a recent study, New York City is the nation's hub 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 a rare, incurable illness, but lawsuits brought against companies that exposed workers to the cancer-causing substance have helped compensate victims for their suffering.

These lawsuits seek to punish corporate wrongdoers as well indemnizing victims of mesothelioma or other asbestos-related illnesses. The lawsuits seek punitive damages which are granted in addition to compensatory damages. The intent of the lawsuits is to discourage the defendant from engaging in similar conduct in the future.

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

With the ruling in favor plaintiffs, it is likely that a lot of the companies named as defendants will be disqualified. This is because even if they're dismissed, they will be required to pay legal costs to defend a case that they did not merit to be involved in.