20 Quotes That Will Help You Understand Asbestos Litigation

New York Asbestos Litigation

New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma, a serious asbestos-related illness with a long period of latency is the second most frequent mesothelioma-related case in the United States in 2019.

Recent NYCAL decisions will have a significant impact on the defense of asbestos lawyers lawsuits. These decisions could result in extensive summary judgement motion practice focusing on the defendant’s fiber/cc test 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 prove their clients’ claims. Asbestos litigation can be extremely expensive and expert witness fees account for a significant percentage of total case costs. Lawyers on both sides could spend a lot of time prepping to interview an expert, and experts can charge thousands of dollars per day. It is therefore important that litigants research and vet possible experts prior to interviewing them. In the absence of doing so, it could result in a sham Daubert challenge and lost cases.

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

Asbestos suits are quite common in New York and the judges are familiarized with the issues. The courts, for instance, expedite trials for seriously ill plaintiffs and combine cases when needed to reduce trial costs. Additionally the courts are regularly reviewing their discovery procedures to make sure they are current and efficient.

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

The court’s decision is likely to have a profound impact on asbestos litigation in New York. The mesothelioma lawyers are bombarding television during the day with ads that urge victims to file asbestos lawsuits, promising massive settlements. The niche litigation has been particularly lucrative for plaintiffs’ attorneys who have repaid millions of dollars in referral fees to former Assembly Speaker Sheldon Silver, who was recently found guilty of federal corruption charges that relate to the millions of dollars he made from directing asbestos cases towards his firm.

New Yorkers should continue to be aware in their workplaces and communities to avoid asbestos exposure. Asbestos lawsuits are on the increasing and the state is one of the top jurisdictions for mesothelioma verdicts.

Summary Judgment

A New York asbestos attorney (https://telegra.ph/) can help you receive the compensation you deserve.

Asbestos exposure can cause serious diseases like mesothelioma and lung cancer. These illnesses are extremely serious and have a long time of latency, meaning that victims may be suffering from symptoms as recently as 20 or 25 years after the initial exposure. There are steps workers can take to prevent asbestos exposure and future disease. There have been a number of significant changes in the asbestos litigation environment in recent years. In 2015, the political establishment in New York was shook to its core by the conviction of Sheldon Silver on federal corruption charges. Silver’s convictions for corruption stemmed from his secret employment at the law firm Weitz & Luxenberg. He used this to earn millions in referral fees.

The new Albany landscape is also impacted by the courtroom political machinations of the NYCAL docket. The long-time head of the NYCAL docket, Justice Sherry Klein Heitler was replaced in 2021 amid reports that she had given the “red-carpet treatment” to asbestos cases filed by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the wake of this shake-up. His decisions have placed a heavy burden on defendants, making it virtually impossible for them to get summary judgment.

In Juni the year 2003, the Court of Appeals dealt NYCAL with a brutal dose of reality, rejecting the cumulative exposure theory that was becoming popular in the court case and calling for plaintiffs to establish specific causation through sufficient scientific explanation by their experts. This ruling gives New York asbestos attorneys a powerful tool to defend against claims that claim they are false or speculative.

In Reid In Reid Abex the Court of Appeals supported asbestos defense lawyers in their efforts to force plaintiffs to establish a causal connection between asbestos-related illnesses and the products to which they were exposed. This decision places on plaintiffs the obligation to prove that their condition was caused by the specific linings and friction materials that were supplied by the defendant, not general exposure to asbestos in the workplace.

Causation

The most significant challenge facing asbestos defendants is the need to prove that there is a causal link. It is generally accepted that a person’s exposure to asbestos-containing materials is a cause of mesothelioma and other illnesses, but the law requires plaintiffs to establish the specific exposure to products produced by particular defendants to prevail on their claims.

This is a challenging standard to meet, especially in NYCAL where only one 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 declaration that he “regularly exposed” himself to friction products containing asbestos was not sufficient under Nemeth to satisfy specific causality.

Juni has put a huge burden on defendants in NYCAL and may make them settle their claims at a lower amount than they are entitled to. A mesothelioma lawyer in NYC will explain the benefits of filing a lawsuit and your options for financial restitution if you are diagnosed with mesothelioma or other asbestos-related diseases.

New York State was the second-most popular jurisdiction for mesothelioma suits in 2019. It was the sole handler of 6percent of all national asbestos litigation. It is estimated that up to 13,000 patients have been diagnosed with mesothelioma in the state. Most of the victims were workers or contractors exposed to asbestos in industrial applications.

The symptoms of mesothelioma usually do not appear until 25 to 50 years after the initial exposure. Many asbestos victims are now fighting to get the compensation they need to pay for medical expenses as well as lost wages, loss of companionship and other damages.

It is essential to file your mesothelioma suit in a timely manner, but it is also essential to work with mesothelioma lawyers who can help you seek the most monetary restitution. Contact a mesothelioma lawyer from NYC today to schedule your free, no-obligation consultation. Your attorney can help you determine if you’re eligible to receive financial compensation from an asbestos trust.

Damages

If you have mesothelioma, or a similar asbestos lawyer-related condition, a successful lawsuit can pay for the losses of your family. Compensation can cover medical bills and lost wages resulting from inability to work, home care expenses, mental anguish and pain, loss of quality, funeral and burial costs, and other costs. An experienced New York mesothelioma attorney will examine the parties responsible and gather evidence to support your claims. After this, your lawyer may bring a lawsuit in civil court before the state’s statute of limitations expires.

The courts have dockets that are specially designed for asbestos cases in order to speed up the process. They expedite trials for terminally-ill plaintiffs and group similar cases. Additionally the judges who decide these cases are aware of the higher risks associated with asbestos exposure and are trained to ensure justice is served.

According to a study conducted recently, New York City is the national center 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 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 the victims of mesothelioma as well as other asbestos-related diseases, these lawsuits are aimed at punishing corporate wrongdoers. These lawsuits seek punitive damages awards that 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 an opportunity to win their struggle to stay clear of punitive damages. They faced the prospect of huge judgments in the past with the theory that their conduct was so egregious, that they should pay punitive damage awards to discourage others from committing the same offense.

With the decision in favor of plaintiffs, it is likely that many of the businesses that were named as defendants will be disqualified. This is because even if they get dismissed, they will need to incur legal costs to defend a case they did not deserve to be involved in.