15 Of The Top Asbestos Litigation Bloggers You Should Follow

New York Asbestos Litigation

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

Recent NYCAL decisions are expected to have a major impact on the defense of asbestos lawsuits. These decisions are likely to result in a significant number of summary judgment motions based upon the defendant's fiber/cc tests and expert reports that place any exposure that can be deemed respirable below an exposure threshold for ambient conditions.

Expert Testimony

New York asbestos attorneys rely heavily on the testimony of experts to support their client's claims. Expert witness fees can be a a large percentage of the total costs in asbestos litigation. Lawyers for both sides could spend hours in preparation to confront an expert, while experts can charge thousands of dollars per day. For this reason, it is important for litigants to carefully study and evaluate potential experts prior to their appointment. Failure to do this can 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 diseases, including mesothelioma or lung cancer. People who have been affected by these diseases can seek 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 involved. For example, the courts speed up trials for terminally ill plaintiffs, and they often combine cases to cut down on trial expenses. The courts also periodically examine their discovery procedures to ensure that they are effective and current.

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 case and the decision is expected to be made soon.

The court's decision is expected to have an impact on asbestos litigation throughout New York. There are currently mesothelioma-specific law firms pepper daytime TV with advertisements urging people to make asbestos law and litigation lawsuits and promise massive settlements. The niche litigation has proven particularly lucrative for plaintiffs' lawyers who have repaid millions of dollars in referral fees to former Assembly Speaker Sheldon Silver, who was recently found guilty of 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 need to continue to be aware of the possibility of asbestos exposure in their workplaces and communities. Asbestos lawsuits are on increase, and the state is one of the top jurisdictions for mesothelioma cases.

Summary Judgment

A New York asbestos attorney can assist you in obtaining the amount of compensation you are due.

Asbestos exposure could lead to serious illnesses like mesothelioma or lung cancer. These are serious diseases and have a long time to develop. This means that victims might not be experiencing symptoms until twenty or Latest asbestos Litigation 25 years after their initial exposure. There are steps that workers can take to safeguard themselves from asbestos exposure and avoid future illnesses. In recent years, the asbestos litigation landscape has seen a number of major changes. 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 corruption convictions stemmed from his secretly working for the law firm of Weitz & Luxenberg, which employed him to earn millions of dollars in referral fees for the firm.

The new Albany landscape is also impacted by the courtroom politics of the NYCAL docket. Justice Sherry Klein Heitler was removed as the long-time manager of NYCAL docket in 2021 following reports that she'd given the "red carpet treatment" to asbestos claims filed by Weitz & Luxenberg. In the wake of this reshuffle Justice Peter Moulton has taken charge of NYCAL. His rulings have placed a heavy burden on defendants, making it nearly impossible for them to obtain summary judgment.

In Juni, the Court of Appeals gave NYCAL a hard dose of reality, rejecting 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 gives New York asbestos defense attorneys an effective tool to defend against allegations of fraudulent and speculative claims.

In Reid v Abex the Court of Appeals supported asbestos defense lawyers in their efforts to require 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 supplied by the defendant rather than general workplace exposure to asbestos.

Causation

The most difficult challenge facing asbestos defendants is the need to prove causation. It is generally accepted that exposure to certain asbestos-containing materials is a cause of mesothelioma and various other diseases, but the law requires plaintiffs to prove the specific exposure to products produced by specific defendants in order to prevail on their claims.

This is a challenging 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 struggle to apply the principles from that case. In 2016, for instance, the First Department in Matter of NYC Asbestos Litigation (Juni) ruled that a plaintiff's expert evidence that he "regularly exposed" himself to asbestos-containing friction products was not sufficient under Nemeth to satisfy a specific causation.

Juni has placed a significant burden on defendants in NYCAL and may make them settle their claims for less than what they are entitled to. A mesothelioma lawyer in NYC will explain the benefits of filing a suit and your options for restitution financial if you're diagnosed with mesothelioma or other latest Asbestos litigation-related diseases.

New York State was the second most popular mesothelioma-related jurisdiction suits in the year 2019. It was the sole handler of 6percent of all asbestos litigation wiki litigation in the nation. It is estimated that as many as 13,000 patients have been diagnosed with mesothelioma in the state. Most of the victims were contractors or employees who were exposed to asbestos because it was employed in industrial applications.

The symptoms of mesothelioma don't typically apparent until 25 to 50 years after the first exposure. Many asbestos victims are now battling to obtain the compensation they need to cover medical expenses as well as lost wages, loss of companionship and other damages.

It is crucial to file your mesothelioma claim in a timely manner, but it is also important to consult mesothelioma lawyers who can help you seek the highest amount of financial compensation. Contact a mesothelioma attorney specializes in asbestos litigation NYC today to set up a free, no-obligation consultation. Your attorney can discuss your eligibility for financial compensation from an asbestos trust fund.

Damages

If you suffer from mesothelioma, or another asbestos-related illness, a successful lawsuit could compensate your family for your losses. Compensation can cover medical bills, lost wages due to inability to work, home care expenses, mental anguish and pain loss of quality, funeral and burial costs, as well as other costs. A seasoned New York asbestos lawyer will investigate the responsible parties to gather evidence and support your claim. Your lawyer will then file a civil lawsuit before the statute of limitations runs out in your state.

The courts have specialized dockets for asbestos cases to streamline the process. They accelerate trials for plaintiffs who are terminally ill and put similar cases together. Additionally the judges who decide these cases are aware of the increased risk of asbestos exposure and are trained to ensure that justice is done.

According to a study conducted recently, New York City is the main hub in the country for asbestos litigation. Asbestos victims have received billions of dollars in settlements and verdicts. Mesothelioma is a cancer that can be fatal that is caused by exposure to hazardous asbestos fibers. It is a rare and fatal illness, but lawsuits brought against companies that exposed workers to asbestos cancer-causing substance have helped compensate victims for their suffering.

In addition to compensating victims of mesothelioma and other asbestos-related illnesses These lawsuits are also aimed at punishing corporate wrongdoers. These lawsuits seek punitive damages awards that are in addition to compensatory damages. They are designed to discourage the defendant's behavior in the future, and discourage others from taking part in the same course of action.

However, the NYCAL decision provides defendants with a glimmer of hope in their struggle to stay clear of punitive damages. They were in danger of massive judgments in the past on the basis that their conduct had been so indecent that they should pay damages for punitive harm to deter other people from following suit.

With the ruling in favor of plaintiffs, it is likely that a lot of the companies named as defendants will be reprimanded. This is because even if they get dismissed, they will need to incur legal fees to defend a case that they did not deserve to be involved in.