Meet The Steve Jobs Of The Asbestos Litigation Industry

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 common mesothelioma patient in the country in the year 2019.
Recent NYCAL decisions will have a profound impact on the defense of asbestos suits. These decisions could result in extensive summary judgment motion practice focused 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 expert witnesses to support their client's claims. Asbestos litigation is expensive and expert witness costs make up a significant portion of total case costs. Lawyers for both sides could spend a lot of time prepping to interview an expert, and experts can charge thousands of dollars per day. For this reason, it is crucial for litigants to thoroughly examine and verify potential experts prior to hiring them. In the absence of this, it could result in a failure of the Daubert Challenge and losing cases.
New York has had a long history of industrialization. Many workers were exposed to asbestos. Many of these workers developed asbestos-related illnesses, like mesothelioma or lung cancer. They can seek compensation from the businesses who exposed them to asbestos.
Asbestos suits are commonplace in New York and the judges are knowledgeable about the issue. 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 review their discovery process to ensure that it is effective and current.
In a notable case, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements made by plaintiffs' experts did not suffice to prove the causality. The defendants filed an appeal, and a decision is expected in the near future.
The court's decision is likely to have a profound impact on asbestos litigation in New York. Mesothelioma lawyers have been bombarding the daytime TV with ads that urge victims to file asbestos suits, promising huge settlements. The niche litigation has been particularly lucrative for plaintiffs' lawyers, who have paid millions of dollars in referral fees to former Assembly Speaker Sheldon Silver, who was recently found guilty of federal corruption charges that relate to the millions of dollars he made from directing asbestos cases to his firm.
In addition to these legal developments, New Yorkers need to remain aware of the possibility of asbestos exposure in their workplaces and communities. Asbestos lawsuits have been increasing and New York is among the top jurisdictions in mesothelioma verdicts.
Summary Judgment
A New York asbestos lawyer can help you obtain the compensation you're entitled to.
Asbestos exposure can cause serious diseases like mesothelioma or lung cancer. These diseases are agressive and have a long latency period which means that the victims could start experiencing symptoms as recently as 20 or 25 years after their initial exposure. Fortunately, there are steps that workers can take to protect themselves against asbestos exposure and prevent future illness. Several major changes have occurred in the asbestos litigation environment in recent years. The most significant change came in 2015, when New York's political establishment was shaken to the foundation following the conviction on federal corruption charges of the former Assembly Speaker Sheldon Silver. Silver's convictions for corruption stemmed from his secretly working for the law firm of Weitz & Luxenberg, which was where he earned millions of dollars in referral fees for the firm.
The new Albany landscape has also been shattered by the courtroom political machinations of the NYCAL docket. The long-time supervisor of the NYCAL docket, Justice Sherry Klein Heitler, was replaced in 2021 amid reports that she provided 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 rulings have placed a significant burden on defendants, making it almost impossible for them to get summary judgment.
In Juni, the Court of Appeals dealt NYCAL with a savage dose of reality, renouncing the cumulative-exposure theory that was becoming popular in the court case and insisting that plaintiffs prove the causation of their claims with sufficient scientific evidence from their experts. This decision gives New York asbestos defense attorneys the ability to defend against claims of speculative and fraudulent claims.
In Reid in Reid Abex the Court of Appeals supported asbestos defense lawyers in their efforts to require plaintiffs to establish a causal connection between asbestos-related illnesses and the products to which they were exposed. This decision imposes plaintiffs with the obligation to establish that their disease was caused by specific linings and friction materials which were supplied by the defendant, rather than general exposure to asbestos in the workplace.
Causation
The defendants will have to prove that asbestos contributed to the disease. It is generally accepted that exposure to asbestos-containing substances is a cause of mesothelioma, among other diseases, however, the law requires plaintiffs to establish specific exposure to certain products made by particular defendants to prevail on their claims.
This is a tough standard to meet, especially in NYCAL where one judge is in charge of all NYC asbestos litigation. In the 16 years that have passed since Parker, New York courts struggle to apply the rules of the case. In 2016 the First Department in Matter of NYC Asbestos Litigation, (Juni), ruled that an expert's evidence that plaintiff "regularly" exposed himself to friction products that contained asbestos was not enough to establish the requirement of specific causality under Nemeth.
Juni has put a huge burden on defendants in NYCAL and could force them to settle their claims for less than they are entitled to. A mesothelioma lawyer in NYC can explain the advantages of filing a lawsuit as well as your options for financial restitution if you're diagnosed with mesothelioma or other asbestos-related illnesses.
YouTube was the second most popular state for mesothelioma lawsuits in the year 2019 and handles 6percent of all asbestos litigation. It is estimated that around 13,000 people have been diagnosed with mesothelioma in the state. Most of the victims were contractors or workers exposed to asbestos in industrial settings.
Symptoms of mesothelioma are not typically evident until between 25 and 50 years after the initial exposure. Many asbestos patients are battling to obtain the compensation they need to cover medical costs as well as lost wages, loss of companionship and other damages.
It is important to file your mesothelioma claim promptly, but it is also essential to work with an attorney for mesothelioma who can help you seek the maximum financial restitution. Contact a mesothelioma lawyer in NYC to set up a free appointment that is no-obligation. Your attorney can discuss your eligibility for financial restitution from an asbestos trust fund.
Damages
If you suffer from mesothelioma or another asbestos-related disease A successful lawsuit could help your family recover losses. Compensation can cover medical expenses, lost income from being unable or take care of your home as well as pain and suffering mental anxiety and loss of quality of life and funeral and burial costs. An experienced New York mesothelioma attorney will investigate the responsible parties and gather evidence to back your claims. Your lawyer can then file a civil lawsuit before the statute of limitations runs out in your state.
The courts have specialized dockets for asbestos cases that streamline the process. They accelerate trials for plaintiffs with terminal illnesses and also group similar cases together. Additionally the judges who decide these cases are aware of the heightened 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 main hub in the country for asbestos litigation. Asbestos-related victims received billions of dollars in settlements and verdicts. Mesothelioma is a deadly form of cancer, is caused by asbestos fibers. It is an uncommon, incurable cancer. However lawsuits brought against companies that exposed workers to asbestos fibers have helped compensate victims.
These lawsuits are designed to penalize corporate wrongdoers as in compensating mesothelioma victims or other asbestos-related diseases. These lawsuits seek punitive damage awards in addition to compensatory damages. They are designed to discourage the defendant's behavior in the future and deter others from engaging in a similar course of action.
However, the NYCAL decision gives defendants the chance to have a shot of hope in their fight to stay out of punitive damages. Previously, they had faced the prospect of massive judgments in these cases, with the prevailing theory that their conduct was so outrageous that they must pay punitive damages to deter others from following suit.
Now, with the ruling in favor of plaintiffs, companies named as defendants in NYCAL cases could be dismissed in a substantial portion of their cases. Even if they were to be dismissed but they'd still have to pay legal fees to defend a case they didn't deserve to be in.