How To Outsmart Your Boss On 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 disease with a long latency is the second most common mesothelioma case nationwide in 2019.

Recent NYCAL decisions are likely to have a major impact on the defense of asbestos lawsuits. These decisions are likely to result in extensive summary judgment motion practice focusing on the defendant's fiber/cc tests and expert reports putting any respirable exposure under an exposure threshold for ambient conditions.

Expert Testimony

New York asbestos attorneys (lowry-davidson.technetbloggers.de write an article) rely heavily on the testimony of experts to prove their clients' claims. Expert witness fees can be a an enormous portion of total cost of asbestos litigation. Both sides can devote hundreds of hours preparing to confront an expert. Experts can charge thousands of dollars per day. It is therefore important that litigants conduct thorough study and evaluate potential experts prior to interviewing them. In the absence of this, it could result in a failure of the 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 diseases, such as mesothelioma as well as lung cancer. These workers can claim compensation from the 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, the courts expedite trials for terminally sick plaintiffs, and they often consolidate cases to lower trial expenses. Additionally, courts regularly review their discovery procedures to ensure that they are up-to-date and effective.

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

The court's decision is expected to have a major impact on asbestos litigation in New York. Currently, specialized mesothelioma law firms fill the air with commercials urging victims to file asbestos lawsuits, promising giant settlements. The niche litigation was particularly lucrative for plaintiffs’ attorneys who paid millions of referral fees to Sheldon Silver. Silver was recently convicted of federal corruption charges in relation to the millions he earned by directing asbestos cases to their firm.

In addition to these legal developments, New Yorkers need to continue to be vigilant about possible asbestos exposure at work and in their communities. Asbestos-related lawsuits are on the rise and New York is one of most prominent jurisdictions for mesothelioma verdicts.

Summary Judgment

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

Asbestos exposure can cause serious illnesses like mesothelioma or lung cancer. These diseases are agressive and have a long latency period, meaning that victims may be suffering from symptoms as recently as 20 or 25 years after the initial exposure. There are steps that workers can take to prevent asbestos exposure and future illnesses. Several major changes have occurred in the asbestos litigation scene in recent years. In 2015, the political establishment in New York was shook to its core by Sheldon Silver's conviction on federal corruption charges. Silver's corruption convictions 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 courtroom politics on the NYCAL docket have also shaken the new Albany landscape. Justice Sherry Klein Heitler was replaced as the longtime manager of the NYCAL docket in 2021 following reports that she had given the "red carpet treatment" to asbestos-related claims filed by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the following shake-up. His decisions have put a huge burden on defendants, making it nearly impossible for them to get summary judgment.

In Juni the year 2003, the Court of Appeals dealt NYCAL a harsh dose of reality, rejecting the cumulative-exposure theory that had become fashionable in the court case and requiring plaintiffs to prove the causation of their claims with sufficient scientific evidence from their experts. This decision gives New York asbestos attorneys a strong argument against allegations that claims are fraud or speculative.

In Reid In Reid Abex the Court of Appeals supported asbestos defense attorneys in their efforts to compel plaintiffs to establish a causal connection between asbestos-related diseases and products to which they were exposed. This decision places plaintiffs with 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 defendants will need to prove that asbestos caused the disease. It is generally accepted that exposure to asbestos-containing substances can cause mesothelioma and various other diseases, however, 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, particularly in NYCAL where a single judge is responsible for the entire NYC asbestos litigation. In the 16 years that have passed since Parker, New York courts have struggled to apply the principles from the case. In 2016, the First Department in Matter of NYC Asbestos Litigation, (Juni) decided that an expert's testimony that a plaintiff "regularly" exposed himself to friction products that contained asbestos was not sufficient to prove the requirement of specific causality under Nemeth.

Juni has placed a significant burden on defendants, and could force them pay an amount lower than they are entitled. A mesothelioma lawyer in NYC will explain the benefits of filing a lawsuit as well as the options for restitution financial if you're diagnosed with mesothelioma, or other asbestos-related illnesses.

New York state was the second most popular state for mesothelioma lawsuits in 2019, and it handles 6percent of all asbestos litigation. Up to 13,000 people have been diagnosed with the disease in New York. The majority of those affected are contractors or workers who were exposed to asbestos because it was used in industrial processes.

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

It is crucial to file your mesothelioma claim in a timely manner, but it is also important to consult an attorney for mesothelioma who can assist you in seeking the highest amount of financial compensation. Call a mesothelioma attorney in NYC to set up a no-cost, no-obligation appointment. Your attorney can help you determine if you're eligible for financial compensation from an asbestos trust.

Damages

If you suffer from mesothelioma, or another asbestos-related disease A successful lawsuit can provide your family with compensation for their losses. Compensation could pay for medical bills, income loss from being unable to work, home care expenses as well as pain and suffering, mental anguish, loss of quality of life and funeral and burial costs. A seasoned New York asbestos lawyer will investigate the responsible parties to gather evidence and prove your claim. Your lawyer can then start a civil lawsuit before the statute of limitations runs out in your state.

The courts are familiar with asbestos lawsuits, and they have dockets that are specifically designed to streamline the process. They expedite trials for terminally-ill plaintiffs and group similar cases. Additionally the judges who handle these cases are aware of the increased risks associated with asbestos exposure and are trained to ensure that 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 fatal cancer that is caused by exposure to hazardous asbestos fibers. It is a rare and incurable disease, but lawsuits against companies that exposed workers to the cancer-causing chemical have led to compensation for victims for their suffering.

In addition to remunerating the victims of mesothelioma as well as other asbestos-related illnesses the lawsuits aim at punishing corporate wrongdoers. The lawsuits seek punitive damages which are granted in addition to compensatory damages. They are designed to deter the defendant's actions in the future and deter others from participating in the same course of action.

The NYCAL decision gives defendants hope that they will avoid punitive damage awards. Previously, they had been facing the prospect of huge judgments in these cases according to the popular belief that their conduct was so egregious that they must pay punitive damages to prevent others from following suit.

With the decision in favor of plaintiffs, businesses that are named as defendants in NYCAL cases are likely to be dismissed in a significant percentage of their cases. This is because even if they get dismissed, they'll be required to pay legal costs to defend a case that they did not merit to be involved in.