15 Top Asbestos Litigation Bloggers You Must Follow

New York Asbestos Litigation

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

Recent NYCAL decisions will have a significant impact on the defense of asbestos suits. These decisions will likely result in extensive summary judgment motions focusing on the defendant's fiber/cc tests and expert reports that place any respirable exposure below an ambient exposure threshold.

Expert Testimony

New York asbestos attorneys rely heavily on the testimony of experts to back up their client's claims. Asbestos litigation can be very expensive and expert witness costs represent a significant proportion of the total costs. Both sides could spend hundreds of hours preparing to question an expert. Experts can charge thousands of dollar per day. It is crucial that litigants conduct thorough study and evaluate potential experts prior to interviewing them. Failure to do this could result in a sham Daubert contest and a loss of cases.

New York has a rich industrial past, and many workers have been exposed to asbestos lawyer that is toxic. Many of these workers developed asbestos-related illnesses, like mesothelioma, lung cancer, and so on. They can claim compensation from the companies who exposed them to asbestos.

Asbestos lawsuits are a regular in New York, and judges are well-versed in the issues involved. The courts, for instance speed up trials for seriously ill plaintiffs and combine cases when needed to reduce the cost of trial. Additionally the courts are regularly reviewing their discovery procedures to ensure they are up-to-date and efficient.

In one case of note, Brown v. Weitz & Luxenberg, the First Department held that conclusory cumulative exposure statements by the plaintiffs experts were not sufficient to establish causation in an asbestos case. The case was re-argued by the defendants, and a decision is expected in the near future.

The court's decision is likely to impact asbestos litigation throughout New York. At present, mesothelioma lawyer firms fill the air with advertisements urging people to bring asbestos lawsuits, promising giant settlements. The niche 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 relating to the millions of dollars he earned by directing asbestos cases to his firm.

New Yorkers should be vigilant at work and in their communities regarding asbestos exposure. Asbestos-related lawsuits are on the increasing and New York is among the top jurisdictions for mesothelioma cases.

Summary Judgment

A New York asbestos attorney can help you receive the amount of compensation you are due.

Asbestos exposure could lead to serious illnesses like mesothelioma and lung cancer. These diseases are aggressive and have a long time of latency which means that the victims could start feeling symptoms as recent as 20 or 25 years after the initial exposure. There are steps that workers can take to protect themselves against asbestos exposure and prevent future disease. In recent years the asbestos lawyers litigation scene has seen a number of significant changes. In 2015, the political establishment in New York was shook to its foundation by the conviction of Sheldon S. Silver on federal corruption charges. Silver's convictions for corruption stemmed from his shady work at the law firm Weitz & Luxenberg. He made millions in referral fees.

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'd given the "red carpet treatment" to asbestos lawyers-related claims filed by Weitz & Luxenberg. In the aftermath of this shakeup, Justice Peter Moulton has taken the reigns of NYCAL. His rulings have made it difficult for defendants to obtain summary judgment.

In Juni, the Court of Appeals gave NYCAL an ominous dose of reality by denying the cumulative exposure theory that was popular in the litigation. Instead, it demanded that plaintiffs establish specific causation using sufficient scientific proof from their experts. This ruling provides New York asbestos attorneys (you can check here) a powerful weapon to defend against claims that claim to be false or speculative.

In Reid in Reid Abex, the Court of Appeals also gave asbestos defense attorneys a boost in their efforts to require plaintiffs to establish the existence of a specific causal connection between their asbestos-related illness and the specific products they were exposed to. This decision places plaintiffs with the obligation to establish that their disease was caused by specific linings and friction materials that were provided by the defendant, not general exposure to asbestos in the workplace.

Causation

The defendants will have to demonstrate that asbestos caused the disease. It is generally accepted that exposure to certain asbestos-containing materials is a cause of mesothelioma and other diseases, but 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 tough standard to meet, especially in NYCAL where one judge is in charge of all NYC asbestos litigation. In the 16 years since Parker, New York courts have been unable to apply the principles of this case. In 2016, the First Department in Matter of NYC asbestos lawyers Litigation, (Juni), ruled that an expert's testimony that plaintiff "regularly" exposed himself to friction products containing asbestos was not enough to establish specific causality under Nemeth.

Juni has placed a significant burden on defendants in NYCAL and could force them to settle their claims at a lower amount than they are entitled to. A mesothelioma lawyer 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 2019. It handled 6% of all asbestos litigation across the country. Up to 13,000 people have been diagnosed with the disease in New York. The majority of patients were contractors or workers exposed to asbestos in industrial applications.

Symptoms of mesothelioma are not typically evident until 25 to 50 years after the initial exposure. Many asbestos patients are fighting to get the compensation they deserve for medical expenses, lost wages and companionship loss, in addition to other damages.

It is crucial to file your mesothelioma suit promptly, but it is also important to consult mesothelioma lawyers who can assist you in seeking the highest amount of financial compensation. Contact a mesothelioma attorney from NYC to schedule a free, no-obligation appointment. Your attorney can discuss your rights to financial restitution from an asbestos trust fund.

Damages

If you're suffering from mesothelioma, or another asbestos-related disease A successful lawsuit can pay your family members for their losses. Compensation can cover medical bills, lost wages due to inability to work, home care expenses, mental stress and pain loss of quality funeral and burial costs, as well as other costs. An experienced New York asbestos lawyer will look into the responsible parties to gather evidence and prove your claim. After this, your lawyer may file a lawsuit in civil court before the statute of limitations expires.

The courts are familiar with asbestos lawsuits, and they have dockets that are specifically designed to speed up the process. They speed up trials for plaintiffs with terminal illnesses and also group similar cases together. The judges who are handling these cases have been instructed to ensure justice and are aware of the increased dangers associated with asbestos.

According to a study conducted recently, New York City is the main hub in the country for asbestos litigation. Asbestos-related victims received billions of dollars in settlements and verdicts. Mesothelioma, a deadly cancer, is caused by 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.

These lawsuits seek to punish corporate wrongdoers as in compensating mesothelioma victims or other asbestos-related illnesses. The lawsuits seek punitive damages, which are awarded in addition to compensatory damages. They are designed to deter the defendant's actions in the future and discourage others from participating in the same course of action.

The NYCAL decision gives defendants hope that they can avoid punitive damages. In the past, they faced the possibility of huge judgments in these cases with the prevailing theory that their conduct was so outrageous that they must pay punitive damages in order to discourage others from following suit.

With the ruling in favor of plaintiffs, it is likely that a lot of the companies that were named as defendants will be dismissed. This is because even if they're dismissed, they'll have to spend money on legal costs to defend a case that they didn't deserve to be involved in.