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, a serious asbestos-related cancer with a long latency, is the second most prevalent mesothelioma patient in the country in 2019.

Recent NYCAL decisions are likely to have a significant impact on the defense of asbestos lawsuits. These decisions will likely result in extensive summary judgment motions focusing on the defendant's fiber/cc test as well as expert reports placing 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. Expert witness fees can make up a an enormous portion of total cost of asbestos litigation. Lawyers for both sides could spend a lot of time in preparation to confront an expert, while experts can charge thousands of dollars per day. This is why it is crucial for litigants to thoroughly research and vet potential experts prior to hiring them. In the absence of doing so, it could result in a failure of the Daubert challenge and lost cases.

New York has had a long industrial history. Many workers were exposed to asbestos. Many of these workers have developed asbestos-related diseases, including mesothelioma and lung cancer. People who have suffered from these conditions can recover compensation from the companies who exposed them to asbestos.

Asbestos lawsuits are an everyday event in New York, and judges are well-versed in the issues involved. For example, the courts speed up trials for sick plaintiffs, and they often consolidate cases to lower the cost of trial. In addition the courts are regularly reviewing their discovery procedures to ensure they are up-to-date and efficient.

In a case that is notable, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements by plaintiffs’ experts did not suffice to prove causation. The case was then appealed by defendants, and a decision is expected soon.

The court's ruling is expected to have an impact on asbestos litigation throughout New York. There are currently mesothelioma-specific law firms pepper daytime TV with commercials urging victims to bring asbestos lawsuits, promising massive settlements. The specialized litigation has been particularly lucrative for plaintiffs' lawyers who have repaid millions of dollars in referral fees to former Assembly Speaker Sheldon Silver, who was recently convicted on federal corruption charges that relate to the millions of dollars he earned by directing asbestos cases to his firm.

New Yorkers must continue to be aware in their workplaces and in their communities regarding asbestos exposure. Asbestos lawsuits are on increasing and the state is one of the top jurisdictions for mesothelioma cases.

Summary Judgment

A New York asbestos attorney can help you receive the compensation that you deserve.

Asbestos exposure could lead to serious diseases such as mesothelioma or lung cancer. These are serious diseases and have a long latency time. This means that victims may not be developing symptoms until 20 or 25 years following their first exposure. There are steps workers can take to avoid asbestos exposure and future illness. There have been a number of significant changes in the asbestos litigation landscape in recent years. The most significant change occurred in 2015 in which the New York political establishment was shaken to the core by the conviction on federal corruption charges brought against former Assembly Speaker Sheldon Silver. Silver's convictions for corruption were a result of his covert employment at the law firm Weitz & Luxenberg. He used this to earn millions in referral fees.

The courtroom politics on the NYCAL docket have also shaken the new Albany landscape. The longtime manager of the NYCAL docket, Justice Sherry Klein Heitler, was replaced in 2021 amidst reports that she gave the "red-carpet treatment" to asbestos cases brought by Weitz & Luxenberg. Following this shakeup, Justice Peter Moulton has taken the reigns of NYCAL. His rulings have placed a heavy burden on defendants, making it virtually impossible for them to obtain summary judgment.

In Juni the year 2003, the Court of Appeals gave NYCAL a hard dose of reality by denying the cumulative exposure theory that was a popular argument in the litigation. Instead it demanded that plaintiffs establish specific causation with sufficient scientific expression from their experts. This decision gives New York asbestos attorneys a strong argument against claims that claim to be fraud or speculative.

In Reid v Abex, the Court of Appeals also gave asbestos defense attorneys a boost in their efforts to require plaintiffs to prove a specific causal link between their asbestos-related condition and the specific substances they were exposed to. In this decision plaintiffs must prove that their asbestos lawyers-related illness was caused by specific friction materials or linings supplied by the defendant, not general workplace exposure to asbestos lawsuit.

Causation

The defendants will need to prove that asbestos caused the disease. There is a consensus that exposure to asbestos-containing substances can cause mesothelioma or other illnesses. However the law requires that plaintiffs prove specific exposure to products produced by certain defendants for their claims to be successful.

This is a challenging standard to meet, especially in NYCAL where a single judge oversees the entire NYC asbestos litigation. In the 16 years since Parker, New York courts have had a difficult time applying the principles of the case. In 2016 the First Department in Matter of NYC Asbestos Litigation, (Juni) decided the testimony of an expert that plaintiff "regularly" exposed himself to friction products containing asbestos was not sufficient to satisfy the requirement of specific causality under Nemeth.

Juni has put a huge burden on defendants in NYCAL and may force them to settle their claims for less than what they are entitled to. A mesothelioma attorney in NYC can explain to you the benefits of filing a lawsuit and your options for financial compensation if have been diagnosed with mesothelioma.

New York State was the second most popular mesothelioma-related jurisdiction suits in the year 2019. It handled about 6% of the national asbestos litigation. Around 13,000 people are estimated to have been diagnosed with the disease in New York. The majority of victims were contractors or employees exposed to asbestos in industrial settings.

The signs of mesothelioma aren't typically evident until 25 to 50 years after the first exposure. Many asbestos patients are fighting to get the compensation they need to cover medical expenses, lost wages and companionship loss, in addition to damages.

While it is crucial to make a mesothelioma claim promptly however, it is equally important to consult with a knowledgeable mesothelioma lawyer who will help you obtain the maximum financial restitution possible. Contact a mesothelioma lawyer in NYC today to schedule a free, no-obligation consultation. Your lawyer can help you determine if you are eligible for financial compensation from an asbestos trust.

Damages

If you're suffering from mesothelioma or any other asbestos-related disease A successful lawsuit can compensate your family for your losses. Compensation can cover medical bills as well as lost wages due to inability to work, home-care expenses, mental anguish and suffering loss of quality, funeral and burial costs, as well as other costs. An experienced New York asbestos lawyer will investigate the responsible parties to gather evidence and support your claim. After this, your lawyer may bring a lawsuit in civil court before your state's statute of limitations expires.

The courts are well-versed in asbestos lawsuits, and have specialized dockets to help simplify the process. They speed up trials for plaintiffs with terminal illnesses and put similar cases together. In addition the judges who handle these cases are aware of the heightened risk of asbestos exposure and are trained to ensure justice is done.

According to a study conducted recently, New York City is the main hub in the country for asbestos litigation. Asbestos victims received billions in settlements and verdicts. Mesothelioma is a fatal cancer is caused by asbestos fibers. It is a rare and incurable disease, however lawsuits filed against companies that exposed workers to the cancer-causing substance have aided in compensating victims for their suffering.

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

The NYCAL decision gives defendants hope that they can avoid punitive damage awards. In the past, they faced the possibility of huge judgments in these cases, according to the popular belief that their conduct was so egregious that they had to pay punitive damages to prevent others from committing the same crime.

With the decision in favor of plaintiffs, businesses that are named as defendants in NYCAL cases are likely to be dismissed in a large portion of their cases. This is because, even if they are dismissed, they'll need to incur legal fees to defend a case that they did not deserve to be involved in.