What s The Job Market For Asbestos Litigation Professionals Like

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 will have a profound impact on the defense of asbestos suits. These decisions are likely to result in a large number of summary judgment motions based upon the asbestos defendant's tests for fiber/cc as well as expert reports that put any exposure that is deemed to be respirable under an exposure threshold in the ambient.

Expert Testimony

New York asbestos attorneys rely heavily on the testimony of expert witnesses to support their client's claims. Asbestos litigation is expensive, and expert witness fees make up a significant portion of the total cost. Both sides could spend hundreds of hours preparing to question an expert. Experts can charge thousands of dollar per day. It is crucial that litigants study and evaluate potential experts in advance. Failure to do this could result in a sham 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. They can seek compensation from the companies who exposed them to asbestos.

Asbestos lawsuits are a common in New York, and judges are well-versed in the issues that arise. For instance, courts speed up trials for terminally patients, and often combine cases to cut down on trial expenses. The courts also review their discovery procedure to ensure that it is effective and up-to date.

In one case of note, Brown v. Weitz & Luxenberg in which the First Department held that conclusory cumulative exposure statements from plaintiffs experts were not sufficient to establish the causality in an asbestos case. The defendants filed an appeal and a decision is expected in the near future.

The court's decision is likely 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 lawsuits and promise huge settlements. The niche litigation has proven particularly lucrative for plaintiffs' lawyers, who have paid millions of dollars in referral fees to former Assembly Speaker Sheldon Silver, who was recently convicted on federal corruption charges relating to the millions of dollars he earned from directing asbestos lawyers cases to his firm.

New Yorkers must continue to be vigilant in their workplaces and communities to avoid asbestos exposure. Asbestos lawsuits are on the increasing 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 can cause serious diseases such as mesothelioma and lung cancer. These diseases are agressive and have a long period of latency which means that the victims could start suffering from symptoms as recently as 20 or 25 years after their initial exposure. There are steps that workers can take to safeguard themselves from asbestos exposure and prevent future disease. In recent years the asbestos litigation landscape has seen significant changes. In 2015 the political establishment in New York was shook to its core by the conviction of Sheldon Silver for federal corruption charges. Silver's convictions for corruption stemmed from his secretly working for the law firm of Weitz & Luxenberg, which he used 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. The longtime manager of the NYCAL docket, Justice Sherry Klein Heitler, was replaced in 2021 amid reports that she provided the "red-carpet treatment" to asbestos cases brought by Weitz & Luxenberg. In the wake of this reshuffle Justice Peter Moulton has taken the reigns of NYCAL. His rulings have made it more difficult for defendants to get summary judgement.

In Juni, the Court of Appeals gave NYCAL a hard dose of reality by rejecting the cumulative exposure theory that was a popular argument in the litigation. Instead it required plaintiffs prove causality with enough scientific evidence from their experts. This decision gives New York asbestos attorneys a powerful weapon to defend against claims that claim they are 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 ruling plaintiffs are required to prove that their asbestos-related illness was caused by specific friction materials or linings offered by the defendant, not general workplace exposure to asbestos.

Causation

The defendants will need to demonstrate that asbestos caused the disease. It is generally accepted that a person's exposure to certain asbestos-containing materials can cause mesothelioma, among other diseases, but the law requires plaintiffs to establish specific exposure to products manufactured by particular defendants in order to prevail on their claims.

This is a difficult 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 have struggled to apply the principles from that case. In 2016, the First Department in Matter of NYC Asbestos Litigation, (Juni), ruled that an expert's testimony that plaintiff "regularly" exposed himself to friction products containing asbestos was not sufficient to prove specific causality under Nemeth.

Juni has imposed a substantial burden on defendants in NYCAL and may force them to settle their claims at a lower amount than they are entitled to. A mesothelioma attorney in NYC can explain to you the benefits of filing a suit and the options to receive financial compensation if you have been diagnosed with mesothelioma.

New York State was the second most popular state for mesothelioma suits in 2019. It was the sole handler of about 6% of the asbestos litigation across the country. It is estimated that as many as 13,000 patients have been diagnosed with mesothelioma in the state. The majority of victims were workers or contractors exposed to asbestos in industrial settings.

The symptoms of mesothelioma usually don't manifest until between 25 to 50 after the initial exposure. Many asbestos patients are fighting to receive the compensation they need to cover medical expenses, lost wages and companionship loss, among other damages.

It is crucial to file your mesothelioma suit in a timely fashion however, it is essential to work with a mesothelioma lawyer who can help you seek the highest amount of financial compensation. Contact a mesothelioma lawyer in NYC today to set up a free no-obligation consultation. Your attorney will be able to discuss your rights to financial compensation from an asbestos trust fund.

Damages

If you suffer from mesothelioma or another asbestos-related disease A successful lawsuit could pay for the losses of your family. Compensation may cover medical bills as well as lost wages due to inability to work, home-care expenses, mental stress and pain loss of quality, funeral and burial costs, as well as other expenses. A seasoned 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 expires in your state.

The courts are familiar with asbestos lawsuits and have specialized dockets to help simplify the process. They speed up trials for plaintiffs who are terminally ill and also group similar cases together. The judges who are handling these cases have been instructed to ensure justice and are aware of the higher dangers associated with asbestos.

According to a recent study, New York City is the nation's hub for asbestos litigation. Asbestos-related victims received billions of dollars in settlements and verdicts. Mesothelioma, a deadly cancer, is caused by asbestos fibers. It is a rare and incurable illness, but lawsuits brought against companies who exposed workers to the cancer-causing substance have helped compensate victims for their suffering.

These lawsuits seek to punish corporate wrongdoers as well as compensating victims of mesothelioma or other asbestos-related illnesses. These lawsuits seek punitive damages awards that are in addition to compensatory damages. They are intended to discourage the defendant's behavior in the future and deter others from participating in a similar course of action.

However the NYCAL decision gives defendants an opportunity to win their battle to stay out of punitive damages. They were in danger of huge judgments in the past, with the theory that their conduct had been so bad that they would have to pay punitive damage awards to discourage others from following suit.

With the ruling in favor plaintiffs, it is likely that many of the companies named as defendants will be reprimanded. This is because even if they're dismissed, they will have to spend money on legal fees to defend a case they didn't deserve to be involved in.