Asbestos Litigation: The Good, The Bad, And The Ugly
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New York Asbestos Litigation
New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma is a very serious asbestos-related cancer with a long latency period, is the second most frequent mesothelioma patient in the country in 2019.
Recent NYCAL decisions will have a profound effect on the defense of asbestos lawsuits. These decisions will likely result in extensive summary judgment motions focusing on the defendant's fiber/cc test and expert reports that place any respirable exposure below the threshold of exposure to ambient air.
Expert Testimony
New York asbestos attorneys rely heavily on the testimony of experts to back up their client's claims. Expert witness fees can make up a significant proportion of total cost of asbestos litigation. Lawyers for both sides could spend hours prepping to interview an expert, while experts can charge thousands of dollars per day. For this reason, it is important for litigants to examine and verify potential experts in advance. If they don't, it could result in a failed Daubert Challenge and lost cases.
New York has had a long history of industrial activity. Many workers were exposed to asbestos. Many of these workers have suffered asbestos-related diseases, such as mesothelioma and lung cancer. They may claim compensation from the companies who exposed them to asbestos.
Asbestos lawsuits are a regular occurrence in New York, and judges are aware of the issues that arise. The courts, for instance, expedite trials for patients who are terminally ill and consolidate cases when necessary to cut down on the cost of trial. The courts also regularly review their discovery process to ensure that they are effective and current.
In one case of note, Brown v. Weitz & Luxenberg in which the First Department held that conclusory statements on exposure cumulatively made from plaintiffs' experts were insufficient to establish the causation in asbestos cases. The defendants filed an appeal, and a decision is expected soon.
The court's decision is likely to have a significant impact on asbestos litigation in New York. At present, mesothelioma lawyer firms saturate the daytime with commercials urging victims to file asbestos lawsuits, promising huge 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 relating to the millions of dollars he earned from directing asbestos cases to his firm.
New Yorkers should be vigilant in their workplaces and communities to avoid asbestos exposure. Asbestos lawsuits are on the rise and New York is among the the top jurisdictions for mesothelioma cases.
Summary Judgment
A New York asbestos lawyer can assist you in obtaining the compensation you deserve.
Asbestos exposure often leads to serious illnesses, such as mesothelioma and lung cancer. These diseases are aggressive, and they have a long period of latency. This means that the victims might not be experiencing symptoms until twenty or 25 years after their initial exposure. There are steps workers can take to prevent asbestos exposure and future illness. In recent years the asbestos litigation scene has seen a number of major changes. The most significant change occurred in 2015 when the political establishment was shaken to its foundation following the conviction on federal corruption charges of the former Assembly Speaker Sheldon Silver. Silver's convictions for corruption were a result of his covert work at the law firm Weitz & Luxenberg. He utilized this to earn millions of referral fees.
The new Albany landscape is also impacted by the courtroom political machinations of the NYCAL docket. The long-time supervisor of the NYCAL docket, Justice Sherry Klein Heitler was sacked in 2021 amidst reports that she had given 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 made it difficult for defendants to obtain the benefit of a summary judgement.
In Juni, the Court of Appeals dealt NYCAL a harsh dose of reality, rejecting the cumulative-exposure theory that was becoming popular in the litigation and calling for plaintiffs to establish specific causation through sufficient scientific expression by their experts. This ruling provides New York asbestos attorneys a powerful weapon to defend against claims that claim to be speculative or fraudulent.
In Reid v Abex the Court of Appeals supported asbestos defense lawyers in their efforts to compel plaintiffs to establish a causal connection between asbestos-related diseases and products to which they were exposed. In this decision, plaintiffs are required to prove that their asbestos-related illness was caused by specific friction materials or linings offered by the defendant, rather than general workplace exposure to asbestos.
Causation
The biggest challenge for asbestos defendants is the need to prove that there is a causal link. It is generally accepted that exposure to asbestos-containing substances causes mesothelioma and other illnesses, but the law requires plaintiffs to prove the specific exposure to products produced by particular defendants in order to be successful in their claims.
This is a tough standard to meet, particularly in NYCAL where a single judge manages the entire NYC asbestos litigation. In the 16 years since Parker, New York courts have struggled to apply the principles from that case. In 2016, for example, the First Department in Matter of NYC Asbestos Litigation (Juni) ruled that a plaintiff's expert evidence that he "regularly exposed" himself to friction products containing asbestos was not sufficient under Nemeth to satisfy specific causation.
Juni has placed a significant burden on defendants in NYCAL and could make them settle their claims for less than they are entitled to. A mesothelioma attorney in NYC will explain the benefits of filing a suit and the options for financial restitution if you are diagnosed with mesothelioma or any other asbestos-related diseases.
New York state was the second most popular state for mesothelioma lawsuits in 2019 and is responsible for 6% of national asbestos litigation. Up to 13,000 people are estimated to have been diagnosed with the disease in New York. Most of the victims were contractors or workers exposed to asbestos in industrial applications.
The signs of mesothelioma typically do not appear until 25 to 50 years after the initial exposure. Many asbestos patients are fighting to get the compensation they require to cover medical costs, lost wages, loss of companionship, and other damages.
While it is crucial to file a mesothelioma lawsuit in a timely manner but it is also essential to consult with a knowledgeable mesothelioma lawyer who will assist you in obtaining the highest amount of financial compensation that you can. Contact a mesothelioma attorney in NYC today to schedule a free, no-obligation consultation. Your attorney can help you determine if you are qualified for financial compensation from an asbestos trust.
Damages
If you have mesothelioma, or any other asbestos-related illness, a successful lawsuit could pay for the losses of your family. Compensation could cover your medical bills, lost income from being unable and home care expenses, pain and suffering, mental anxiety, loss of quality of life as well as funeral and burial costs. An experienced New York asbestos lawyer will look into 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 have dockets that are specially designed for asbestos cases to streamline the process. They speed up trials for plaintiffs with terminal illnesses and group similar cases together. In addition, the judges handling these cases are aware of the higher risks associated with asbestos exposure and are trained to ensure that justice is done.
According to a study conducted recently, New York City is the nation's hub for asbestos litigation. Asbestos victims have claimed billions of dollars in settlements and verdicts. Mesothelioma, a deadly cancer is caused by asbestos fibers. It is a rare, incurable type of cancer. However lawsuits brought against companies who exposed workers to asbestos fibers have resulted in compensation for victims.
These lawsuits are designed to punish corporate wrongdoers as well as compensating victims of mesothelioma or other asbestos-related illnesses. The lawsuits seek punitive damages which are granted in addition to compensatory damages. They are designed to deter the defendant's conduct in the future and discourage others from engaging in a similar action.
However, the NYCAL decision gives defendants the chance to have a shot of hope in their fight to stay clear of punitive damages. Prior to this, they faced the prospect of massive judgments in these cases according to the popular belief that their conduct was so outrageous that they should be forced to pay punitive damages to prevent others from following suit.
With the ruling in favor plaintiffs, it is likely that a lot of the companies that were named as defendants will be dismissed. Even if they are dismissed, they would still have to pay legal fees to defend a case they didn't deserve to be involved in.
New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma is a very serious asbestos-related cancer with a long latency period, is the second most frequent mesothelioma patient in the country in 2019.
Recent NYCAL decisions will have a profound effect on the defense of asbestos lawsuits. These decisions will likely result in extensive summary judgment motions focusing on the defendant's fiber/cc test and expert reports that place any respirable exposure below the threshold of exposure to ambient air.
Expert Testimony
New York asbestos attorneys rely heavily on the testimony of experts to back up their client's claims. Expert witness fees can make up a significant proportion of total cost of asbestos litigation. Lawyers for both sides could spend hours prepping to interview an expert, while experts can charge thousands of dollars per day. For this reason, it is important for litigants to examine and verify potential experts in advance. If they don't, it could result in a failed Daubert Challenge and lost cases.
New York has had a long history of industrial activity. Many workers were exposed to asbestos. Many of these workers have suffered asbestos-related diseases, such as mesothelioma and lung cancer. They may claim compensation from the companies who exposed them to asbestos.
Asbestos lawsuits are a regular occurrence in New York, and judges are aware of the issues that arise. The courts, for instance, expedite trials for patients who are terminally ill and consolidate cases when necessary to cut down on the cost of trial. The courts also regularly review their discovery process to ensure that they are effective and current.
In one case of note, Brown v. Weitz & Luxenberg in which the First Department held that conclusory statements on exposure cumulatively made from plaintiffs' experts were insufficient to establish the causation in asbestos cases. The defendants filed an appeal, and a decision is expected soon.
The court's decision is likely to have a significant impact on asbestos litigation in New York. At present, mesothelioma lawyer firms saturate the daytime with commercials urging victims to file asbestos lawsuits, promising huge 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 relating to the millions of dollars he earned from directing asbestos cases to his firm.
New Yorkers should be vigilant in their workplaces and communities to avoid asbestos exposure. Asbestos lawsuits are on the rise and New York is among the the top jurisdictions for mesothelioma cases.
Summary Judgment
A New York asbestos lawyer can assist you in obtaining the compensation you deserve.
Asbestos exposure often leads to serious illnesses, such as mesothelioma and lung cancer. These diseases are aggressive, and they have a long period of latency. This means that the victims might not be experiencing symptoms until twenty or 25 years after their initial exposure. There are steps workers can take to prevent asbestos exposure and future illness. In recent years the asbestos litigation scene has seen a number of major changes. The most significant change occurred in 2015 when the political establishment was shaken to its foundation following the conviction on federal corruption charges of the former Assembly Speaker Sheldon Silver. Silver's convictions for corruption were a result of his covert work at the law firm Weitz & Luxenberg. He utilized this to earn millions of referral fees.
The new Albany landscape is also impacted by the courtroom political machinations of the NYCAL docket. The long-time supervisor of the NYCAL docket, Justice Sherry Klein Heitler was sacked in 2021 amidst reports that she had given 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 made it difficult for defendants to obtain the benefit of a summary judgement.
In Juni, the Court of Appeals dealt NYCAL a harsh dose of reality, rejecting the cumulative-exposure theory that was becoming popular in the litigation and calling for plaintiffs to establish specific causation through sufficient scientific expression by their experts. This ruling provides New York asbestos attorneys a powerful weapon to defend against claims that claim to be speculative or fraudulent.
In Reid v Abex the Court of Appeals supported asbestos defense lawyers in their efforts to compel plaintiffs to establish a causal connection between asbestos-related diseases and products to which they were exposed. In this decision, plaintiffs are required to prove that their asbestos-related illness was caused by specific friction materials or linings offered by the defendant, rather than general workplace exposure to asbestos.
Causation
The biggest challenge for asbestos defendants is the need to prove that there is a causal link. It is generally accepted that exposure to asbestos-containing substances causes mesothelioma and other illnesses, but the law requires plaintiffs to prove the specific exposure to products produced by particular defendants in order to be successful in their claims.
This is a tough standard to meet, particularly in NYCAL where a single judge manages the entire NYC asbestos litigation. In the 16 years since Parker, New York courts have struggled to apply the principles from that case. In 2016, for example, the First Department in Matter of NYC Asbestos Litigation (Juni) ruled that a plaintiff's expert evidence that he "regularly exposed" himself to friction products containing asbestos was not sufficient under Nemeth to satisfy specific causation.
Juni has placed a significant burden on defendants in NYCAL and could make them settle their claims for less than they are entitled to. A mesothelioma attorney in NYC will explain the benefits of filing a suit and the options for financial restitution if you are diagnosed with mesothelioma or any other asbestos-related diseases.
New York state was the second most popular state for mesothelioma lawsuits in 2019 and is responsible for 6% of national asbestos litigation. Up to 13,000 people are estimated to have been diagnosed with the disease in New York. Most of the victims were contractors or workers exposed to asbestos in industrial applications.
The signs of mesothelioma typically do not appear until 25 to 50 years after the initial exposure. Many asbestos patients are fighting to get the compensation they require to cover medical costs, lost wages, loss of companionship, and other damages.
While it is crucial to file a mesothelioma lawsuit in a timely manner but it is also essential to consult with a knowledgeable mesothelioma lawyer who will assist you in obtaining the highest amount of financial compensation that you can. Contact a mesothelioma attorney in NYC today to schedule a free, no-obligation consultation. Your attorney can help you determine if you are qualified for financial compensation from an asbestos trust.
Damages
If you have mesothelioma, or any other asbestos-related illness, a successful lawsuit could pay for the losses of your family. Compensation could cover your medical bills, lost income from being unable and home care expenses, pain and suffering, mental anxiety, loss of quality of life as well as funeral and burial costs. An experienced New York asbestos lawyer will look into 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 have dockets that are specially designed for asbestos cases to streamline the process. They speed up trials for plaintiffs with terminal illnesses and group similar cases together. In addition, the judges handling these cases are aware of the higher risks associated with asbestos exposure and are trained to ensure that justice is done.
According to a study conducted recently, New York City is the nation's hub for asbestos litigation. Asbestos victims have claimed billions of dollars in settlements and verdicts. Mesothelioma, a deadly cancer is caused by asbestos fibers. It is a rare, incurable type of cancer. However lawsuits brought against companies who exposed workers to asbestos fibers have resulted in compensation for victims.
These lawsuits are designed to punish corporate wrongdoers as well as compensating victims of mesothelioma or other asbestos-related illnesses. The lawsuits seek punitive damages which are granted in addition to compensatory damages. They are designed to deter the defendant's conduct in the future and discourage others from engaging in a similar action.
However, the NYCAL decision gives defendants the chance to have a shot of hope in their fight to stay clear of punitive damages. Prior to this, they faced the prospect of massive judgments in these cases according to the popular belief that their conduct was so outrageous that they should be forced to pay punitive damages to prevent others from following suit.
With the ruling in favor plaintiffs, it is likely that a lot of the companies that were named as defendants will be dismissed. Even if they are dismissed, they would still have to pay legal fees to defend a case they didn't deserve to be involved in.
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