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 an asbestos-related disease that is serious and has long latency times.

Recent NYCAL decisions are expected to have a major impact on the defense of asbestos lawsuits. These decisions could result in extensive summary judgement motion practice focusing on the defendant's fiber/cc test and expert reports that place any exposure that is deemed to be respirable below an ambient exposure threshold.

Expert Testimony

New York asbestos lawyers rely heavily on expert witness testimony to prove their clients their claims. Expert witness fees can make up a significant proportion of total costs involved in asbestos litigation. Both sides can devote hundreds of hours preparing to confront an expert. Experts can charge thousands of dollars per day. Therefore, it is essential that litigants research and vet possible experts prior to interviewing them. If they don't, it could 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 have developed asbestos-related illnesses, including mesothelioma as well as lung cancer. These workers can seek compensation from the companies who exposed them to asbestos.

asbestos attorney lawsuits are a regular occurrence in New York, and judges are aware of the issues that arise. For instance, the courts speed up trials for ill plaintiffs, and they often consolidate cases to lower the cost of trial. In addition courts frequently review their discovery procedures to ensure they are current and efficient.

In a case that is notable, Brown v. Weitz & Luxenberg, the First Department held that conclusory statements of exposure cumulatively made from plaintiffs experts were not sufficient to establish causation in an asbestos case. The defendants filed an appeal, and the decision is expected to be made soon.

The court's decision is likely to have a major impact on asbestos litigation in New York. There are currently mesothelioma-specific law firms fill the air with advertisements urging people to file asbestos lawsuits, promising giant settlements. The niche litigation has been particularly lucrative for plaintiffs' attorneys who have paid millions of dollars in referral fees to former Assembly Speaker Sheldon Silver, who was recently convicted on 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 aware of the possibility of asbestos exposure in their work environments and communities. Asbestos lawsuits are on the increasing and the state is one of the most sought-after jurisdictions for mesothelioma verdicts.

Summary Judgment

A New York asbestos lawyer can assist you in obtaining the settlement you're due.

Asbestos exposure can cause serious diseases 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 their first exposure. There are steps that workers can take to protect themselves against asbestos exposure and prevent future disease. Several major changes have occurred in the asbestos litigation environment in recent years. In 2015 the political establishment in New York was shook to its foundation by the conviction of Sheldon S. Silver for federal corruption charges. Silver's corruption convictions stemmed from his secretly working at the law firm of Weitz & Luxenberg, which he used to earn millions of dollars in referral fees for the firm.

The new Albany landscape has also been shaken by the courtroom politics of the NYCAL docket. The long-time head of the NYCAL docket, Justice Sherry Klein Heitler, was replaced in 2021 amid reports that she provided the "red-carpet treatment" to asbestos cases filed by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the aftermath of the shake-up. His decisions have placed a heavy burden on defendants, making it almost impossible for them to obtain summary judgment.

In Juni, the Court of Appeals gave NYCAL an ominous dose of reality by rejecting the theory of cumulative exposure that was prevalent in the litigation. Instead it demanded plaintiffs prove causation with sufficient scientific expression from their experts. This ruling gives New York asbestos defense attorneys the ability to defend against allegations of speculative and fraudulent claims.

In Reid in Reid Abex the Court of Appeals supported asbestos defense lawyers in their efforts to force plaintiffs to prove a causal link between asbestos lawsuit-related diseases and products to which they were exposed. In this case plaintiffs are required to demonstrate that their asbestos-related condition was caused by specific friction materials or linings offered by the defendant, not general workplace exposure to asbestos Lawsuit.

Causation

The defendants will have to prove that asbestos contributed to the disease. It is generally accepted that a person's exposure to asbestos-containing substances causes mesothelioma, among other illnesses, but the law requires plaintiffs to establish specific exposure to products manufactured by particular defendants to be successful in their claims.

This is a challenging standard to achieve, particularly in NYCAL where only one judge oversees 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 the case. In 2016, for instance, the First Department in Matter of NYC Asbestos Litigation (Juni) ruled that a plaintiff's expert testimony that he "regularly exposed" himself to friction products containing asbestos was not sufficient under Nemeth to establish a specific causation.

Juni has put a huge burden on defendants in NYCAL and could make them settle their claims for less than what they are entitled to. A mesothelioma lawyer in NYC can explain to you the benefits 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 jurisdiction for mesothelioma suits in 2019. It was the sole handler of 6percent of all asbestos litigation across the country. Around 13,000 people have been diagnosed with the disease in New York. Most of the victims were contractors or employees exposed to asbestos in industrial settings.

The symptoms of mesothelioma usually don't manifest until between 25 to 50 years after the initial exposure. Many asbestos patients are fighting for the compensation they deserve to cover medical expenses as well as lost wages and companionship loss, in addition to other damages.

It is important to file your mesothelioma suit promptly however, it is essential to work with mesothelioma lawyers who can assist you in seeking the most monetary restitution. Contact a mesothelioma lawyer in NYC today to schedule your free, no-obligation consultation. Your lawyer can assist determine if you're qualified to receive financial compensation from an asbestos trust.

Damages

If you suffer from mesothelioma or another asbestos-related disease, a successful lawsuit could provide your family with compensation for their losses. Compensation could cover your medical bills, income loss from being unable and home care expenses, pain and suffering, mental anguish, loss of quality of life, and funeral and burial costs. A seasoned New York mesothelioma attorney will look into the parties at fault and gather evidence to back your claims. Your lawyer will then bring a civil suit before the statute of limitations expires in your state.

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

According to a research study conducted recently, New York City is the national hub for asbestos litigation. Asbestos victims have received billions of dollars in settlements and verdicts. Mesothelioma is a fatal cancer, is caused by asbestos fibers. It is a rare and incurable disease, but lawsuits against companies who exposed workers to the cancer-causing chemical have led to compensation for victims for their suffering.

In addition to remunerating the victims of mesothelioma and other asbestos lawsuit-related diseases, these lawsuits are aimed at punishing corporate wrongdoers. These lawsuits seek punitive damages awards in addition to compensatory damages. The lawsuits are meant to discourage the defendant from repeating the same conduct in the future.

However the NYCAL decision gives defendants an opportunity to win their struggle to stay clear of punitive damages. They were in danger of large judgments in the past, on the basis that their conduct was so egregious, that they should pay punitive damage awards to deter other people from committing the same offense.

With the decision in favor of plaintiffs, companies that are named as defendants in NYCAL cases could be dismissed in a significant percentage of their cases. Even if they were to be dismissed however, they will still need to pay legal fees to defend a case that they didn't deserve to be involved in.